In any event, the terms of Resolution 1441, paragraph 4 (above), make it clear that a failure of Iraq to cooperate, if reported to the Security Council, would not justify either the United States' or any other state's unilateral suspension of the cease-fire provision without giving the Security Council an opportunity to consider the situation and to act under paragraph 12. Resolution 1441, however, does not specify what is to happen if the Security Council convenes under paragraph 12, but does not take action or only takes action that some states, in particular a specially affected state, do not consider adequate under the circumstances. Nor does Resolution 1441 specify what is to happen if a specially affected state at some point concludes that Iraq is not cooperating fully, but the inspectors disagree and thus do not at that point contemplate making a report to the Council under paragraph 4. In such circumstances, the United States and its allies could argue that a material breach has occurred and nothing stands in the way of their suspension of the cease-fire that was based on Resolution 687. They would further argue that, since Resolution 678 (the resolution that authorized member states to take action against Iraq in the first place) has never been rescinded, it provides continuing authority to use "all necessary means to restore international peace and security in the area." And all the related stuff is interesting too. I didn't realise that there was officially a cease fire. i.e Resolution 687. post Kuwait.
Last edited by meabh; 24/07/16 08:49 PM.