History of Weapons Inspections

From April 1991 until December 1998, a U.N. Special Commission (UNSCOM) and the International Atomic Energy Agency (IAEA) attempted to verify that Iraq had ended all its prohibited WMD programs and to establish a long-term monitoring program of WMD facilities ( Resolution 715 , October 11, 1991). The U.N. Security Council adopted Resolution 1205 (November 5, 1998), deeming the Iraqi action a "flagrant violation" of the February 1998 U.N.-Iraq agreement. "Axis of Evil" and U.S. Policy

After the September 11, 2001, attacks on the United States, there was a debate over whether to expand the post-September 11 "war on terrorism" to Iraq, based largely on concerns that Iraq might use WMD against the United States or provide WMD to terrorist groups. Resolution 1441

After several weeks of negotiations, on November 8, 2002 the Security Council unanimously adopted Resolution 1441, whcih (1) declared Iraq in material breach of pre-existing resolutions; (2) gave Iraq until December 8, 2002 to provide a full declaration of all WMD programs; (3) required new inspections to begin by December 23, 2002; (4) declared all sites, including presidential sites, subject to unfettered inspections; (5) gave UNMOVIC the right to interview Iraqis in private, including taking them outside Iraq, and to freeze activity at a suspect site; (6) forbade Iraq from taking hostile acts against any country upholding U.N. resolutions, a provision that appeared to cover Iraq's defiance of the "no fly zones;" and (7) provided for the Security Council to consider how to respond to Iraqi non-compliance. Saddam rebuffed the ultimatum, and on March 19, U.S. military action (Operation Iraqi Freedom) began. Post-War WMD Search and Status of U.N. According to the report, Saddam believe that Iran remained a vital threat to Iraq's national survival and that WMD could deter Iran and that the U.S. perception that Iraq retained WMD could deter a potential U.S. attack on Iraq. UNMOVIC's work was formally terminated by U.N. Security Council Resolution 1762 (June 29, 2007). U.N. The U.S. intelligence community's assessment of Iraq's pre-war WMD was outlined in an October 2002 white paper entitled Iraq ' s Weapons of Mass Destruction Programs (referred to below as "the CIA white paper"), which was based on a classified National Intelligence Estimate (NIE). U.S. and U.N. human rights reports after the 1991 Gulf war repeatedly described Saddam Hussein's regime as a gross violator of human rights. Post-War Findings

At least 270 mass graves have been reported by Iraqis and U.S. investigators since the fall of the regime, but about 50 were confirmed by Iraq's Human Rights Ministry. Those it had sought for trial include Saddam; his two sons Uday and Qusay (killed after discovery by and a firefight with U.S. forces in Mosul on July 22, 2003); Ali Hassan al-Majid, for alleged use of chemicals against the Kurds (captured August 21, 2003); Muhammad Hamza al-Zubaydi (surrendered in mid-April 2003); Taha Yasin Ramadan; first Vice President and number three in the regime (captured August 19, 2003); Izzat Ibrahim, Vice Chairman of the Revolutionary Command Council and formally number two in the regime (still at large); Barzan al-Tikriti, Saddam's half brother (captured in mid-April 2003); Watban al-Tikriti (captured in April 2003) and Sabawi al-Tikriti, both other half brothers of Saddam and former leaders of regime intelligence bureaus; Tariq Aziz, deputy Prime Minister and foremost regime spokesman (surrendered in May 2003); and Aziz Salih Noman, governor of Kuwait during Iraq's occupation of that country (captured May 2003). On November 5, 2006, was convicted for the Dujail killings and was hanged by the Iraqi government on December 30, 2006. The United States, most recently during the July 2009 visit of Prime Minister Maliki, has reiterated the thrust of Article 25 of the U.S.-Iraq Security Agreement, requiring the United States to try to help Iraq close out Chapter 7 resolutions. A U.N. Secretary General report on what is needed to close these Resolutions, required by Paragraph 5 of U.N. Security Council Resolution 1859 (December 22, 2008), is due later in 2009. However, contention remains over border pillars. After that 1991 war, 605 Kuwaitis and other country nationals were missing. After January 1995, Iraq and Kuwait had met monthly on the Iraq-Kuwait border, along with U.S., British, French, and Saudi representatives, but Iraq boycotted the meetings after Operation Desert Fox. U.N. Security Council Resolutions 686 and 687 required Iraq to return all property seized from Kuwait, including the Kuwaiti national archives. The Kuwaiti national archives are still missing and no credible information on their whereabouts exists. After that war, the U.N. Security Council set up a mechanism for compensating the victims of Iraq's invasion of Kuwait (individuals, governments, and corporations), using 25% (reduced from 30% in December 2000) of the proceeds from Iraqi oil sales. (See CRS Report 98-240, Iraq: Compensation and Assets Issues (pdf) . ) Resolution 1483 directed that the DFI be audited by an International Advisory and Monitoring Board (IAMB).
After asserting that Iraq had failed to comply with U.N. Security Council resolutions that required Iraq to rid itself of weapons of mass destruction (WMD), the Bush Administration began military action against Iraq on March 19, 2003, and the regime of Saddam Hussein fell on April 9. U.N. Security Council resolution 1483, adopted May 22, 2003, lifted sanctions on Iraq and provided for the possibility that U.N. inspectors could return to Iraq, although the United States, not the United Nations, conducted the post-war WMD searches. U.S. teams attempted to find WMD and related production programs. Only minor finds of actual WMD were made. A major report (September 30, 2004) by U.S. experts performing post-war WMD searches (the "Duelfer report") has concluded that pre-war U.S. assessments of Iraq's WMD capabilities were mostly incorrect but that analysis of Saddam's WMD intentions was probably accurate. Iraq remains barred from developing WMD by the Saddam-era U.N Security Council resolutions, even though there is a new government in Baghdad that is relatively democratic, and even though the formal WMD search effort was ended by the U.N. Security Council.
Part of the pre-war debate over U.S. policy centered on whether Iraq's WMD programs could be ended through U.N. weapons inspections. During 1991-1998, a U.N. Special Commission on Iraq (UNSCOM) made considerable progress in dismantling and monitoring Iraq's WMD but was unable to verify Iraq's claim that it had destroyed all its WMD and related equipment. Iraq's refusal of full cooperation with UNSCOM eventually prompted U.S.-British military action—a series of air strikes designated as Operation Desert Fox—in December 1998. All inspectors withdrew and Iraq was largely uninspected during 1998-2002.
Many of the Saddam-era U.N. Security Council resolutions on Iraq-Kuwait issues remain in force, to the chagrin of Iraqi leaders who want all Chapter 7 U.N. resolutions ended. Article 25 of the U.S.-Iraq "Security Agreement," which took effect January 1, 2009, commits the United States to help Iraq obtain the terminate the application of these resolutions, and a U.N. report on outstanding Chapter 7 issues is due later in 2009. Even before the 2003 ousting of Saddam, the Iraq-Kuwait land and sea border was settled, and U.N. border monitoring was ended, under applicable U.N. resolutions. However a U.N. envoy remains empowered to continue to try to determine the fate of about 605 Kuwaitis and other nationals still missing from the first Gulf war as well as of Kuwait's national archives. The cases of 369 Kuwaiti and 3rd-party nationals remain unresolved, and the unknown whereabouts of the Kuwaiti National Archives continues to be a point of tension. Iraq is still required to devote 5% of all revenue to pay compensation to the victims of the Iraqi invasion of Kuwait, including over $25 billion still owed to Kuwaiti claimants. In addition, Iraq's oil monies continue to be audited by an international advisory board, and a U.N. mission in Iraq is empowered to work in Iraq on humanitarian issues.
Saddam Hussein's regime was widely deemed non-compliant in other areas, especially human rights issues. Since the fall of the regime, U.S. teams confirmed at least 50 mass graves containing primarily Shiites and Kurds that Saddam Hussein had characterized as a threat to the regime. The Iraqi Special Tribunal conducted two trials against Saddam and sentenced him to death by hanging on November 5, 2006. The sentence was carried out on December 30, 2006. Other close associates are now undergoing legal proceedings that will lead to their trial on crimes against humanity.
This report will be updated as warranted by developments. Please see CRS Report RL31339, Iraq: Post-Saddam Governance and Security.