The United Nations Security Council Resolutions
The United Nations Security Council, the body tasked with maintaining international peace and security and managing tensions between nations, issued sixteen resolutions related to the Iran-Iraq War.
Under Article 51 of the UN Charter, any country subjected to aggression has the right to use all necessary military means to defend its territorial integrity. It must immediately inform the Security Council and request an urgent meeting.[1]
On the second day of Iraq’ s invasion of Iran, the Security Council convened a meeting at the request of the UN Secretary-General, Kurt Waldheim, who issued a statement expressing concern over the escalating situation between Iran and Iraq. Iran rejected the statement, yet made no specific demands. Iran also turned down the UN’ s proposal to appoint a country like Algeria as a mediator. Algeria had previously mediated the 1975 Algiers Agreement, facilitating its signing by both Iran and Iraq amid longstanding border disputes.
During the Iran-Iraq War, the UN Security Council adopted eight resolutions concerning the conflict:
Resolution 479
Five days after the weak presidential statement from the Council, and following efforts by the Secretary-General, the Security Council adopted its first resolution on September 28, 1980, at Mexico’ s proposal. The five-paragraph text expressed deep concern about the escalating situation between Iran and Iraq without mentioning Iraq’ s aggression or occupation of Iranian territory, or demanding that Iraqi troops withdraw to internationally recognized borders. It called upon Iran and Iraq to refrain immediately from any further use of force and to settle their dispute through peaceful means, in conformity with the principles of justice and international law. Also, the resolution urged that they accept any appropriate offer or mediation or conciliation or to resort to regional agencies or arrangements or other peaceful means of their own choice that would facilitate the fulfilment of their obligations under the Charter of the United Nations. Instead of firmly addressing Iraq’ s military aggression, the Council neutrally described it as “ the situation between Iran and Iraq” and issued a legally even-handed resolution. Whereas Iran rejected the Resolution 479, Iraq accepted it.[2]
Resolution 514
Apart from the resolution issued in the first week of the Iran-Iraq War, the Security Council remained silent until the liberation of Khorramshahr. Fifty days after most Iranian territories had been freed following Iraq’ s defeat in Operation Beit al-Muqaddas (May 1982), the Council adopted Resolution 514 on July 12, 1982. It called for an “ immediate ceasefire”, “ withdrawal of both countries’ forces to “ internationally recognized borders, “ respect for sovereignty and territorial integrity”, and “ non-interference in the internal affairs of states”.
The resolution made no reference to aggression, identifying the aggressor, compensating war damages, or punishing the aggressor, and offered no real guarantee of security or stability. It placed no pressure on Iraq, which had violated regional peace by starting the war. Iran found the resolution unfair and its content inadequate, and refused to accept it, while Iraq promptly did.[3]
Resolution 522
Following Iran’ s operations Ramazan (July 14, 1982) and Moslim ibn Aqil (October 1, 1982), Iraq’ s Representative to the United Nations addressed a letter to the President of the Security Council on October 1, 1982, formally requesting an urgent meeting of the Council. The Council convened on October 4 under Jordan’ s presidency, with Iraq’ s Foreign Minister Saadun Hammadi attending. Morocco’ s Foreign Minister spoke on behalf of the Arab group in support of Iraq. The meeting culminated in the unanimous adoption of Resolution 522 on the same day. Like the previous two, this resolution also referred to the conflict as “ the situation between Iran and Iraq” rather than war.
Expressing deep concerns about the prolongation of the conflict between the two countries which resulted in heavy losses of human lives and considerable material damage, and endangered peace and security, the Council demanded an immediate ceasefire and end to all military operations. It reiterated the call for withdrawal to internationally recognized borders, welcomed Iraq’ s stated readiness to implement Resolution 514, and urged Iran to do likewise.
The resolution stressed the necessity of implementing without further
delay the Council’ s decision to dispatch United Nations observers to verify, confirm, and supervise the cease-fire and withdrawal. It called on all other states to abstain from all actions which could contribute to the continuation of the conflict. The resolution further requested the Secretary-General to report to the Security Council on the implementation of the present resolution within seventy-two hours. As with earlier resolutions, it ignored Iran’ s demands and said nothing about who started the war or how to compensate Iran for Iraq’ s aggression. Iran rejected the resolution as biased. After its adoption, the Baathist regime expanded missile and air attacks to deeper Iranian cities and continued striking residential areas near the border.[4]
Resolution 540
The Resolution 540 was adopted on October 31, 1983, after Iraq extended the war into the Persian Gulf using French Super É tendard aircraft and Exocet missiles. It was proposed by Guyana, Togo, and Zaire. The resolution drew on a fact-finding mission sent by the Secretary-General that documented heavy damage to Iranian cities and civilian areas from Iraqi air and missile strikes.
For the first time, it called for a realistic assessment of the war and urged the Secretary-General to consult both parties on ways to halt hostilities. It condemned all violations of international humanitarian law, in particular, the provisions of the Geneva Conventions of 1949 in all their aspects, and called for the immediate cessation of all military operations against civilian targets, including city and residential areas. The resolution affirmed the right of free navigation and commerce in international waters, and called on all states to respect this right. It also called upon the belligerents to cease all hostilities in the Persian Gulf region, including all sea-lanes, navigable waterways, harbor works, terminals, offshore installations, and all ports with direct or indirect access to the sea, and to respect the integrity of the other littoral states. It further demanded that both parties refrain from any action that may endanger peace and security as well as marine life in the Persian Gulf. It still used the neutral phrase “ situation between Iran and Iraq” rather than “ war”. The resolution aligned with Iraq’ s position, which accepted it immediately; however, Iraq subsequently intensified its use of chemical weapons.[5]
Resolution 552
Given Iraq’ s extensive use of chemical weapons in Operation Kheibar (1984), sending Iranian chemical casualties to European countries for treatment, and widespread publication of photos of victims of Iraqi chemical attacks, the Security Council issued a statement on March 30, 1984, condemning Iraq for violating the 1925 Geneva Protocol banning chemical weapons. In the meantime, Iraq launched large-scale attacks on Iranian ships and tankers in the Persian Gulf, prompting Iranian countermeasures.
As the tensions in the Persian Gulf intensified, the six (Persian) Gulf Cooperation Council states wrote to the Council President on May 20, 1984, requesting an urgent meeting to address “ Iranian attacks on commercial ships en route to and from their ports”. The Council met on May 31 and adopted their text as Resolution 552. It stressed the need to protect maritime routes leading to Kuwaiti and Saudi oil ports but made no mention of Iraq’ s unlawful, immoral, and illegal attacks on civilian areas and disruption of energy routes in the Persian Gulf.
Some argue that this resolution helped repair Iraq’ s relations with Security Council members, which had been strained by the March 30, 1984, statement condemning the country’ s use of chemical weapons. Iraq accepted the resolution, but Iran issued a statement on June 3, 1984, rejecting and condemning it for failing to identify Iraq as the aggressor in the overall conflict and continued tanker attacks, as well as ignoring UN Charter principles.[6]
Resolution 582
In mid-March 1985, the UN Secretary-General proposed an eight-point plan to end the war, which later provided the basis for several Council resolutions. After Iran’ s decisive victory in Operation Valfajr 8 shifted the balance of power, the Council decided to meet in early 1986. On February 21, Imam Khomeini (ra) opposed Iran’ s participation in the meeting. On February 22, 1986, with Iraq’ s representative present, the Security Council adopted Resolution 582, based on the Secretary-General’ s eight-article plan, on February 24, 1986.
Deploring the initial acts which gave rise to the conflict between the Islamic Republic of Iran and Iraq and expressing concerns over the continuation of the conflict, the Council demanded an immediate ceasefire. It noted with regret the escalation of the conflict, especially territorial incursions, the bombing of purely civilian population centers, attacks on neutral shipping or civilian aircraft, the violation of international humanitarian law and other laws of armed conflict, and, in particular, the use of chemical weapons. The resolution called on Iran and Iraq to implement the following measures: an immediate ceasefire, a complete halt to all hostilities on land, at sea, and in the air, and the withdrawal of all forces to the internationally recognized borders. Furthermore, the resolution urged that a comprehensive exchange of prisoners of war be completed within a short period after the cessation of hostilities, calling upon both parties to submit immediately all aspects of the conflict to mediation or to any other means of peaceful settlement of disputes. Paragraph 3 explicitly stated that the Secretary-General called upon the Islamic Republic of Iran and Iraq to observe an immediate cease-fire, a cessation of all hostilities on land, at sea, and in the air, and withdrawal of all forces to the internationally recognized boundaries without delay.
For the first time— after Iran captured a key Iraqi area— it demanded withdrawal to the borders, effectively benefiting Iraq. Previously, the UN had typically delayed issuing statements or resolutions merely expressing regret over the “ conflict between Iran and Iraq”. But after Iran’ s capture of Al-Faw and its superior political-military position, this resolution called for a ceasefire and border withdrawal without identifying the aggressor, war reparations, or repatriation of Iraqi refugees.
Unlike the previous Council resolutions, this one was adopted unanimously, and Iraq’ s Foreign Minister immediately called it acceptable, stating Iraq would accept if Iran did so formally and unconditionally.[7]
Resolution 588
Adopted on October 8, 1986, Resolution 588 urged both parties to implement fully and without delay Resolution 582.[8]
Resolution 598
About five months after Iran’ s Operation Karbala 5, the Security Council finally adopted Resolution 598 on July 20, 1987, to end the Iraq-Iran War. Paragraph 1 demanded a ceasefire and withdrawal to recognized international borders. Paragraph 2 requested a UN observer team to verify, confirm, and supervise the ceasefire and withdrawal. Paragraph 3 called for the release of prisoners of war (POWs). Paragraph 4 called upon Iran and Iraq to cooperate in achieving a comprehensive, just, honorable settlement acceptable to both sides in line with the Charter on all outstanding issues. Paragraph 5 requested all states to exercise the utmost restraint and to refrain from any act that may lead to further escalation and widening of the conflict. Paragraph 6 requested an inquiry into responsibility for the conflict. Paragraph 7 was about assigning a team of experts to study the question of reconstruction and to report to the Council. Paragraph 8 called for examining measures to enhance the security and stability of the region. Also, Paragraphs 9– 10 covered implementation, guarantees, and a possible meeting of the Council.[9]
After prolonged debates, Iran accepted the resolution, but Iraq continued military attacks. Eventually, through the Secretary-General’ s mediation efforts, Iraq was compelled to accept the ceasefire about one month later on August 19, 1988.[10]
After Resolution 598, the Security Council issued two more resolutions related to the Iran-Iraq War, both concerning the prohibition of using chemical and biological weapons.
Resolution 612
The Resolution 612 was adopted on May 6, 1988, following the report of April 25, 1988, of the mission dispatched by the Secretary-General to investigate allegations of the use of chemical weapons in the conflict between the Islamic Republic of Iran and Iraq. It confirmed that chemical weapons continue to be used in the conflict and that their use has been on an even more intensive scale than before. The resolution further called for of strict observance of the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on June 17, 1925. It condemned the continued use of chemical weapons in the conflict between the Islamic Republic of Iran and Iraq, contrary to the obligations under the Geneva Protocol. It expected both sides to refrain from the future use of chemical weapons in accordance with their obligations under the Geneva Protocol. In addition, the resolution called upon all states to continue to apply or to establish strict control of the export to the parties to the conflict of chemical products serving for the production of chemical weapons.
Resolution 620
Adopted on August 26, 1988, the resolution condemned the use of chemical weapons in violation of obligations under the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on June 17, 1925, and in defiance of Resolution 612. Furthermore, it encouraged the Secretary-General to carry out
promptly investigations in response to allegations brought to his attention by any Member State concerning the possible use of chemical and bacteriological (biological) or toxic weapons that may constitute a violation of the 1925 Geneva Protocol or other relevant rules of customary international law, in order to ascertain the facts of the matter, and to report the results. It urged all states to continue to apply, to establish or to strengthen strict control of the export of chemical
products serving for the production of chemical weapons, in particular to parties to a conflict, when it is established or when there is substantial reason to believe that they have used chemical weapons in violation of international obligations. It was also decided to consider immediately, taking into account the investigations of the Secretary-General, appropriate and effective measures in accordance with the Charter of the United Nations, should there be any future use of chemical weapons in violation of international law, wherever and by whomever committed.[11]
The UN Security Council also adopted three other resolutions related to the Iran-Iraq War. Resolution 619 (August 9, 1988) established the United Nations Iran-Iraq Military Observer Group for six months along the border. Resolution 631, adopted on February 8, 1989, renewed the mandate of the United Nations Iran-Iraq Military Observer Group for a period of seven months and twenty-two days, that is, until 30th of September 1989. Also, Resolution 642, which was adopted on September 29, 1989, extended it another six months to March 31, 1990.[12]
After roughly three-and-a-half months of correspondence between the presidents of Iran and Iraq, Saddam— under international pressure following his invasion of Kuwait— finally accepted Iran’ s conditions for peace on 14th of August 1990. Iraq also reaffirmed the 1975 Algiers Agreement.
On August 17, 1990, Iraq agreed to withdraw from the occupied Iranian territories. Therefore, two years after the war ended, the first group of 1,000 Iranian POWs returned to the country via the Khowsravi border on August 17, 1990.[13]
References
- [1]. Alaei, Hussain, Ravand-e Jang-e Iran va Araq (The Course of the Iran-Iraq War), Vol. 1, Tehran, Marz o Boom, 1391, p. 269.
- [2]. Ibid., Pp. 271-272, 112-119.
- [3]. Alaei, Hussain, Tarikh-e Tahlili-ye Jang-e Iran va Araq (Analytical History of the Iran-Iraq War), Vol. 1, Tehran, Marz o Boom, 1395, Pp. 536-537.
- [4]. Ibid., Pp. 576-577.
- [5]. Ibid., Pp. 645-646.
- [6]. Alaei, Hussain, Tarikh-e Tahlili-ye Jang-e Iran va Araq (Analytical History of the Iran-Iraq War), Vol. 2, Tehran, Marz o Boom, 1395, Pp. 83-85.
- [7]. Ibid., Pp. 209-210.
- [8]. Ibid., p. 262.
- [9]. Ibid., Pp. 358-360.
- [10]. Ibid., p. 478.
- [11]. Jamshidi, Muhammad-Hussain va Digaran., Sazmanha-ye Beynolmelal va Jang-e Iran va Araq (International Organizations and the Iran-Iraq War), Tehran, Daneshkade-ye Farmandehi va Setad-e Sepah-e Pasdaran – Moavenat-e Tahqiq va Pazhoohesh, 1374, Pp. 104-106.
- [12]. Hume, Cameron R., Sazman-e Mellal-e Mottahed, Iran va Araq (United Nations, Iran, and Iraq), Trans. Houshang Rasekhi, Tehran, Daftar-e Motaleat-e Siyasi va Beynolmelali-e Vezarat-e Omur-e Khareje – Moassesei-e Chap va Entesharat, 1376, p. 334.
- [13]. Alaei, Hussain, Tarikh-e Tahlili-ye Jang-e Iran va Araq (Analytical History of the Iran-Iraq War), Vol. 2, Tehran, Marz o Boom, 1395, Pp. 491-493.