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The facts and merits of the demarcation of land and maritime borders with Kuwait
Hadi Aziz Ali
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The facts and merits of the demarcation of land and maritime borders with Kuwait
Hadi Aziz Ali
The talk these days in official and popular circles about the demarcation of the border, the Iraqi-Kuwaiti, rising sometimes votes here or there to express the injustice suffered by Iraq, and we find that a lot of those voices do not have enough information on this subject, difficult and labor that has passed through the international attitude toward Iraq after the war to liberate Kuwait and the tunnel Chapter VII, who squeezed it. For the purpose of giving an opinion on this subject has to be viewed on the history of relations Iraqi-Kuwaiti and with the decisions of the UN Security Council starting of resolution 660 of 3 August 1990 to the adoption of resolution 833 of 1993 and a review of United Nations archive for decisions, actions and meetings and dialogues that ended her UN has been under demarcation .
I'm trying to Version succinctly to find out the reasons and documents pursuant to which reached by the United Nations to demarcate the border next Paschkl:
first document, a message Nuri Said: Send Nuri Said then - Prime Minister a letter to the British governor of Kuwait Sir (P Hmfiren) on 21 Tamoz1932- as Kuwait under British protection , then - for the purpose of obtaining the approval of the authorities there the following description of the border between Iraq and Kuwait, proposed by the Iraqi government , which is : [from the intersection of Valley Awja with subcontractors and then north on subcontractors along to a point just south of the latitude that passes Besphoan directly, then eastward passing south of Safwan and Umm Qasr Mount hump wells , leaving them to Iraq until the confluence of Khor Al - Zubair Abdullah incense. The islands of Warba and Bubiyan and Failaka and Mhjan and Auhah Island and the large and Qaruh WAM Maradim they follow Kuwait.
Kuwait 's ruler at the time responded by a letter dated 10 August 1932 , which stated: [letter from the State of Nuri Said Pasha , the Prime Minister of Iraq on the Iraqi - Kuwaiti border. Also noticed a message HE Political Resident dated July 30, 1932 that the boundaries proposed by the Prime Minister of Iraq , which has been approved by His Majesty 's Government. Accordingly , we would like to inform you that we agree to re - confirm the existing border between Iraq and Kuwait , according to what is described in the letter of the Prime Minister of Iraq.
The second document, Minutes 1963 agreement between Ahmed Hassan al - Bakr and Sheikh Sabah Al- Salem Al - Sabah: After the coup , February 8, 1963 there was a meeting between Ahmed Hassan al - Bakr , Iraqi Prime Minister at the time , and Sheikh Sabah Al- Salem Al - Sabah , the Crown Prince and Prime Minister of Kuwait Then was it to reach a dated October 4 agreement 1963 included recognition of the Republic of Iraq , the independence of the State of Kuwait and its sovereignty strict boundaries set forth the book of Prime Minister of Iraq dated July 21, 1932 and which was approved by Kuwait 's ruler , his book dated August 10 , 1932. The deposited Kuwait that agreement with the General Secretariat of the United Nations on the basis of the provision of Article 102 of the UN Charter.
Third document, the British charts: March 28 , 1991 sent the Permanent Representative of the United Kingdom 's letter to the Security Council , accompanied by ten maps of the Kuwaiti - Iraqi border and prepared by the Director General of the Department of Military Survey in the UK, and that those maps to tell Alrslh relied on the letter of the Prime Minister of Iraq dated in July 31, 1932 and a letter of Kuwait 's ruler , dated 10 August 1932, the Security Council consider this occasion to demarcate the boundary Iraqi - Kuwaiti maps based on the provision of paragraph third force of Security Council resolution No. 687 of 1991 , which among unnecessary hold arrangements for the planning of the border. Delegate of the United States have commented on those Aakherait saying (that the council will not put the border between Iraq and Kuwait, but implemented the agreement signed between the parties on October 4, 1963 , who scored at the United Nations that Iraq has never invoked this Agreement or at registration.
These topics the three are what have been adopted in the demarcation of the border between Iraq and Kuwait, which were the subject of an objection by the Iraqi side , represented by the Permanent Representative of Iraq to the United Nations.
Iraqi position in the United Nations: focused objection Iraq on the measures taken by the Security Council, in a letter from Iraqi Foreign Minister to the Secretary - General of the United Nations on April 23, 1991, and included several topics including:
first - that the minutes of the agreement in October 4, 1963 between Iraq and Kuwait has not completed theconstitutional procedures, and can not be a document that could be invoked, as it has not been ratified by the Iraqi legislature did the Iraqi President to sign it so it does not meet the causes and conditions of legal, so it is true lodged to the United Nations in accordance with Article 102 of the Charter of the loss of the terms of the Convention.
Secondly - surprised at Iraq 's IPO flop British maps which he described as representative of the Secretary General of the United Nations as Maps British -fahi not Iraqi Maps or Kuwait - and ask about the legal basis which was based upon the UN security Council resolution 687/1991 to consider the map contained in the document / 822 412 on 28 March 1991 at the request of the permanent Mission of the United Kingdom, and that the note submitted in this regard did not refer to any map , as is evident from the publication in the United Nations treaty collection text 0.485 7063 document folder.
Third - the proposal for the participation of the parties in carrying expenditures required to demarcate the borders of Iraq did not find a legal basis for it as long as the whole process that brought the matter to the demarcation does not depart from the description (adhesion contracts), which is not Iraq 's freedom of will to address this issue and there was no Rezai agreement.
Fourth - to show assistance of the Secretary - General of the United Nations to put the demarcation of the border measures should provide the perfect balance and believes to resolve differences that may arise between them in technical positions manner to achieve justice and fairness, therefore, Iraq sees the formation of the committee as proposed can not be achieved justice and fairness.
The letter was sealed paragraph following :( .. just as we accepted the resolution 687/1991 , despite our objection upon our criticism of its contents, we will cooperate with you and we call our representative in the Demarcation Commission , even if you did not receive consideration what dictum aforesaid opinions and observations. We do it because of the continuation of the conditions imposed we acceptance).
Formation of a committee of demarcation: formed the Boundary Commission to implement the rule of the third paragraph of Security Council Resolution 687/1991 from:
1. Mochtar Kusuma Anmanja Indonesian Foreign Minister of the former president resigned in 11.30.1992 and appointed his replacement Nicholas Valtios Assistant Director - General of the International Labour Office.
2 - Ian Brokhlmadar Technical Authority Swedish space.
3 - William Robertson , director general of the Land Information New Zealand Area
4 - Dr. Riyad al - Qaisi , a representative of Iraq
5 - Tariq Rezouki representative of Kuwait.
6 - Mikolos Bunche senior cartographer at the United Nations.
The Commission held 11 meetings , including 82 course, Iraq did not attend subsequent sessions held on July 15, 1992, Iraq has sent a letter to the Secretary General of the United Nations included the standpoint of Iraq in the Committee 's work mechanisms, with the presence of the representative of Iraq subsequent sessions.
Offshore section Planning: in the third session between 12-16 August 1991 held in Geneva , the Committee discussed the subject of the offshore section of the border , planning, and between the Chairman of the Committee and two members (independent experts) that it could not deal with the offshore section because the powers vested in them demarcation expire after a meeting point Khor Al - Zubair incense Abdullah (ie the sea), and the Commission can not grant powers to itself must in this case of the agreement of the parties on it. After a tug of war as a result of Ray Prime Paradise and members of others, the UN Security Council was forced to issue a resolution No. 773 of 1992 authorized whereby the Demarcation Commission to consider in the eastern part of the border , which includes maritime border, has resigned as Chairman of the Committee impact on 20.11.1992 motive a letter to the Secretary General of the United Nations included: (that any change in the Commission 's mandate by the Security Council is not contained at all). After the resignation , held in Junbv eighth session of 14-16 / 12/1992 of the Commission has developed a basic principle which is : (demarcation in the Khawr Abd Allah must be the midfield).
The point of view of Iraq in maritime planning: Between Iraq in a letter by Foreign Minister addressed to the Secretary General of the United Nations included the following things: 1 - the border in the Khor Abdullah area did not touch her resolution 687 of 1991 , paragraph 3 , so the claim that lacked legislative corroboration ,
2 - as the Khor Abdullah area do not conform to describe ( the territorial sea) so that they can be divided between neighboring countries in accordance with the rules of law of the sea, especially that this description did not mention him by resolution 687 of 1991.
3 - With the assumption that the Khawr Abd Allah sea regionally it fits the description (special circumstances) , which passed by independent experts of the Committee shall be in this case, according to the Convention on the Law of the Sea in 1982 set the territorial sea boundaries in a manner contrary to the midfield base in the absence of agreement between the parties on the other base.
4 - also that Iraq has historic rights in the Khor Abdullah area that Kuwait did not exercise the navigation on a large scale.
5 - not the powers granted to the Security Council under the United Nations Charter , as authorized by theborder to impose a UN member state , because the international border is governed under the provisions of international law , which requires agreement between the relevant countries and this hypothesis falls under the political pressure of the Security Council on Iraq.
6 - Iraq has spent huge amounts of money over the decades to secure the Cree and the expansion and maintenance of leading the waterways to the Khawr Abd Allah, therefore, sew the Commission poses a serious threat to Iraq to freedom of access to the sea to the extent that it makes it a future in the governance of the closed state of no coastline.
The Security Council responded to the letter of Iraq: the face of the Security Council dated 06/06/1993 a message to the Minister of Khajah Iraq between them: that the Demarcation Commission did not re - distribution of land between Kuwait and Iraq, but that mission technology include accurately determine coordinates of the boundary on the basis of the Agreed Minutes between Kuwait and Iraq on the return of relations of friendship and recognition - related issues signed between the parties on October 4, 1963 and registered with the United Nations and the Commission acted derives its legitimacy from the text of the resolution 687 of 1991 and the report of the Secretary - General on the third paragraph of it which were accepted by Iraq officially.
Resolution 833 of 1993: UN Security Council issued resolution 833 on 27.05.1993 based on the provisions of Chapter VII of the UN Charter , has provided the following paragraphs working on:
1 - welcomes the conclusion of the Committee 's work.
2 - expresses its appreciation to the Committee for its work on the land portion of the border as well as in theKhawr Abd Allah or the maritime sector of the border. Welcomes its decisions concerning the demarcation of the boundary.
3 - Reaffirms that the Commission 's decisions in relation to the demarcation of the boundary decisions arefinal.
Announced Iraq 's acceptance of resolution 833 of 1993: The representative of Iraq 's Permanent Nizar Hamdoon letter to UN Secretary General Kofi Annan on November 14, 1994 included: (expression of the willingness of Iraq to respect the United Nations Charter and international law ... and to prove the intentions of Iraq 's peaceful and determination to work for the restoration of peace, security and stability in the region and the establishment of good - neighborly relations on the basis of the rules of mutual respect for security, sovereignty and legitimate interests, I would like to enclose herewith the statement issued by the National Council of November 10 1994 and the decision of the Revolutionary command Council No. 200 of 1994 , which affirm Iraq 's recognition of Kuwait 's sovereignty, territorial integrity and independence political and international borders established in accordance with the provisions of resolution 833 of 1993 and the version of the facts of Iraq - the official Gazette of the Iraqi government in which the statement and the resolution) for publication.
Note - a statement of the National Council and the decision of the Revolutionary Command Council of the aforementioned facts published the Iraqi issue in 3537 11/10/1994 and received the Secretary General of the United Nations , the three documents and became part of the Archive UN there.
This is the legal position of the reality of the demarcation of the border, its causes, and based on this fact , and as tracers of the effects of the Iraq and Kuwait concluded a convention to regulate navigation in the Khawr Abd Allah, and this agreement only in pursuance of the provisions of Security Council resolution No. 833 of 1993 ratified the Convention , those by the Iraqi Council of Representatives by Law No. 42 for the year 2013, and the government, in this case , and within the powers vested in them, but to do the actions of the Executive of the Convention, namely that the House of Representatives and the government did not Icoma the demarcation of a new border.
first document, a message Nuri Said: Send Nuri Said then - Prime Minister a letter to the British governor of Kuwait Sir (P Hmfiren) on 21 Tamoz1932- as Kuwait under British protection , then - for the purpose of obtaining the approval of the authorities there the following description of the border between Iraq and Kuwait, proposed by the Iraqi government , which is : [from the intersection of Valley Awja with subcontractors and then north on subcontractors along to a point just south of the latitude that passes Besphoan directly, then eastward passing south of Safwan and Umm Qasr Mount hump wells , leaving them to Iraq until the confluence of Khor Al - Zubair Abdullah incense. The islands of Warba and Bubiyan and Failaka and Mhjan and Auhah Island and the large and Qaruh WAM Maradim they follow Kuwait.
Kuwait 's ruler at the time responded by a letter dated 10 August 1932 , which stated: [letter from the State of Nuri Said Pasha , the Prime Minister of Iraq on the Iraqi - Kuwaiti border. Also noticed a message HE Political Resident dated July 30, 1932 that the boundaries proposed by the Prime Minister of Iraq , which has been approved by His Majesty 's Government. Accordingly , we would like to inform you that we agree to re - confirm the existing border between Iraq and Kuwait , according to what is described in the letter of the Prime Minister of Iraq.
The second document, Minutes 1963 agreement between Ahmed Hassan al - Bakr and Sheikh Sabah Al- Salem Al - Sabah: After the coup , February 8, 1963 there was a meeting between Ahmed Hassan al - Bakr , Iraqi Prime Minister at the time , and Sheikh Sabah Al- Salem Al - Sabah , the Crown Prince and Prime Minister of Kuwait Then was it to reach a dated October 4 agreement 1963 included recognition of the Republic of Iraq , the independence of the State of Kuwait and its sovereignty strict boundaries set forth the book of Prime Minister of Iraq dated July 21, 1932 and which was approved by Kuwait 's ruler , his book dated August 10 , 1932. The deposited Kuwait that agreement with the General Secretariat of the United Nations on the basis of the provision of Article 102 of the UN Charter.
Third document, the British charts: March 28 , 1991 sent the Permanent Representative of the United Kingdom 's letter to the Security Council , accompanied by ten maps of the Kuwaiti - Iraqi border and prepared by the Director General of the Department of Military Survey in the UK, and that those maps to tell Alrslh relied on the letter of the Prime Minister of Iraq dated in July 31, 1932 and a letter of Kuwait 's ruler , dated 10 August 1932, the Security Council consider this occasion to demarcate the boundary Iraqi - Kuwaiti maps based on the provision of paragraph third force of Security Council resolution No. 687 of 1991 , which among unnecessary hold arrangements for the planning of the border. Delegate of the United States have commented on those Aakherait saying (that the council will not put the border between Iraq and Kuwait, but implemented the agreement signed between the parties on October 4, 1963 , who scored at the United Nations that Iraq has never invoked this Agreement or at registration.
These topics the three are what have been adopted in the demarcation of the border between Iraq and Kuwait, which were the subject of an objection by the Iraqi side , represented by the Permanent Representative of Iraq to the United Nations.
Iraqi position in the United Nations: focused objection Iraq on the measures taken by the Security Council, in a letter from Iraqi Foreign Minister to the Secretary - General of the United Nations on April 23, 1991, and included several topics including:
first - that the minutes of the agreement in October 4, 1963 between Iraq and Kuwait has not completed theconstitutional procedures, and can not be a document that could be invoked, as it has not been ratified by the Iraqi legislature did the Iraqi President to sign it so it does not meet the causes and conditions of legal, so it is true lodged to the United Nations in accordance with Article 102 of the Charter of the loss of the terms of the Convention.
Secondly - surprised at Iraq 's IPO flop British maps which he described as representative of the Secretary General of the United Nations as Maps British -fahi not Iraqi Maps or Kuwait - and ask about the legal basis which was based upon the UN security Council resolution 687/1991 to consider the map contained in the document / 822 412 on 28 March 1991 at the request of the permanent Mission of the United Kingdom, and that the note submitted in this regard did not refer to any map , as is evident from the publication in the United Nations treaty collection text 0.485 7063 document folder.
Third - the proposal for the participation of the parties in carrying expenditures required to demarcate the borders of Iraq did not find a legal basis for it as long as the whole process that brought the matter to the demarcation does not depart from the description (adhesion contracts), which is not Iraq 's freedom of will to address this issue and there was no Rezai agreement.
Fourth - to show assistance of the Secretary - General of the United Nations to put the demarcation of the border measures should provide the perfect balance and believes to resolve differences that may arise between them in technical positions manner to achieve justice and fairness, therefore, Iraq sees the formation of the committee as proposed can not be achieved justice and fairness.
The letter was sealed paragraph following :( .. just as we accepted the resolution 687/1991 , despite our objection upon our criticism of its contents, we will cooperate with you and we call our representative in the Demarcation Commission , even if you did not receive consideration what dictum aforesaid opinions and observations. We do it because of the continuation of the conditions imposed we acceptance).
Formation of a committee of demarcation: formed the Boundary Commission to implement the rule of the third paragraph of Security Council Resolution 687/1991 from:
1. Mochtar Kusuma Anmanja Indonesian Foreign Minister of the former president resigned in 11.30.1992 and appointed his replacement Nicholas Valtios Assistant Director - General of the International Labour Office.
2 - Ian Brokhlmadar Technical Authority Swedish space.
3 - William Robertson , director general of the Land Information New Zealand Area
4 - Dr. Riyad al - Qaisi , a representative of Iraq
5 - Tariq Rezouki representative of Kuwait.
6 - Mikolos Bunche senior cartographer at the United Nations.
The Commission held 11 meetings , including 82 course, Iraq did not attend subsequent sessions held on July 15, 1992, Iraq has sent a letter to the Secretary General of the United Nations included the standpoint of Iraq in the Committee 's work mechanisms, with the presence of the representative of Iraq subsequent sessions.
Offshore section Planning: in the third session between 12-16 August 1991 held in Geneva , the Committee discussed the subject of the offshore section of the border , planning, and between the Chairman of the Committee and two members (independent experts) that it could not deal with the offshore section because the powers vested in them demarcation expire after a meeting point Khor Al - Zubair incense Abdullah (ie the sea), and the Commission can not grant powers to itself must in this case of the agreement of the parties on it. After a tug of war as a result of Ray Prime Paradise and members of others, the UN Security Council was forced to issue a resolution No. 773 of 1992 authorized whereby the Demarcation Commission to consider in the eastern part of the border , which includes maritime border, has resigned as Chairman of the Committee impact on 20.11.1992 motive a letter to the Secretary General of the United Nations included: (that any change in the Commission 's mandate by the Security Council is not contained at all). After the resignation , held in Junbv eighth session of 14-16 / 12/1992 of the Commission has developed a basic principle which is : (demarcation in the Khawr Abd Allah must be the midfield).
The point of view of Iraq in maritime planning: Between Iraq in a letter by Foreign Minister addressed to the Secretary General of the United Nations included the following things: 1 - the border in the Khor Abdullah area did not touch her resolution 687 of 1991 , paragraph 3 , so the claim that lacked legislative corroboration ,
2 - as the Khor Abdullah area do not conform to describe ( the territorial sea) so that they can be divided between neighboring countries in accordance with the rules of law of the sea, especially that this description did not mention him by resolution 687 of 1991.
3 - With the assumption that the Khawr Abd Allah sea regionally it fits the description (special circumstances) , which passed by independent experts of the Committee shall be in this case, according to the Convention on the Law of the Sea in 1982 set the territorial sea boundaries in a manner contrary to the midfield base in the absence of agreement between the parties on the other base.
4 - also that Iraq has historic rights in the Khor Abdullah area that Kuwait did not exercise the navigation on a large scale.
5 - not the powers granted to the Security Council under the United Nations Charter , as authorized by theborder to impose a UN member state , because the international border is governed under the provisions of international law , which requires agreement between the relevant countries and this hypothesis falls under the political pressure of the Security Council on Iraq.
6 - Iraq has spent huge amounts of money over the decades to secure the Cree and the expansion and maintenance of leading the waterways to the Khawr Abd Allah, therefore, sew the Commission poses a serious threat to Iraq to freedom of access to the sea to the extent that it makes it a future in the governance of the closed state of no coastline.
The Security Council responded to the letter of Iraq: the face of the Security Council dated 06/06/1993 a message to the Minister of Khajah Iraq between them: that the Demarcation Commission did not re - distribution of land between Kuwait and Iraq, but that mission technology include accurately determine coordinates of the boundary on the basis of the Agreed Minutes between Kuwait and Iraq on the return of relations of friendship and recognition - related issues signed between the parties on October 4, 1963 and registered with the United Nations and the Commission acted derives its legitimacy from the text of the resolution 687 of 1991 and the report of the Secretary - General on the third paragraph of it which were accepted by Iraq officially.
Resolution 833 of 1993: UN Security Council issued resolution 833 on 27.05.1993 based on the provisions of Chapter VII of the UN Charter , has provided the following paragraphs working on:
1 - welcomes the conclusion of the Committee 's work.
2 - expresses its appreciation to the Committee for its work on the land portion of the border as well as in theKhawr Abd Allah or the maritime sector of the border. Welcomes its decisions concerning the demarcation of the boundary.
3 - Reaffirms that the Commission 's decisions in relation to the demarcation of the boundary decisions arefinal.
Announced Iraq 's acceptance of resolution 833 of 1993: The representative of Iraq 's Permanent Nizar Hamdoon letter to UN Secretary General Kofi Annan on November 14, 1994 included: (expression of the willingness of Iraq to respect the United Nations Charter and international law ... and to prove the intentions of Iraq 's peaceful and determination to work for the restoration of peace, security and stability in the region and the establishment of good - neighborly relations on the basis of the rules of mutual respect for security, sovereignty and legitimate interests, I would like to enclose herewith the statement issued by the National Council of November 10 1994 and the decision of the Revolutionary command Council No. 200 of 1994 , which affirm Iraq 's recognition of Kuwait 's sovereignty, territorial integrity and independence political and international borders established in accordance with the provisions of resolution 833 of 1993 and the version of the facts of Iraq - the official Gazette of the Iraqi government in which the statement and the resolution) for publication.
Note - a statement of the National Council and the decision of the Revolutionary Command Council of the aforementioned facts published the Iraqi issue in 3537 11/10/1994 and received the Secretary General of the United Nations , the three documents and became part of the Archive UN there.
This is the legal position of the reality of the demarcation of the border, its causes, and based on this fact , and as tracers of the effects of the Iraq and Kuwait concluded a convention to regulate navigation in the Khawr Abd Allah, and this agreement only in pursuance of the provisions of Security Council resolution No. 833 of 1993 ratified the Convention , those by the Iraqi Council of Representatives by Law No. 42 for the year 2013, and the government, in this case , and within the powers vested in them, but to do the actions of the Executive of the Convention, namely that the House of Representatives and the government did not Icoma the demarcation of a new border.
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