The Gulf War 1990-91 in International and English Law

Peter Rowe, Peter Rowe

• Publisher: Routledge
• Year: 2005
• ISBN:
  9781134904501
• Edition: 1
• Topic: Politics & International Relations
• Subtopic: Politics
• Index: Politics & International Relations

There is no doubt that international law was of major importance during the Gulf conflict of 1990-91. Military and other actions were repeatedly justified through reference to international law, and disputes about interpretation were frequent.

This book provides a definitive legal analysis of the conflict, with reference both to international and to English law. Some have been tempted to argue that international law is an ineffective means of controlling the activities of a state and its armed forces from the fact that there were no war crimes trials of the leaders of Iraq, or of any other state. International law does, however, provide a set of norms either (a) agreed to by individual states through the ratification of, or accession to, a treaty, or (b) which apply to all states by the operation of customary international law and other secondary sources. This book determines these norms in order to judge the manner in which individual states recognized the binding nature of them in the conduct of their operations. The contributors include lawyers from each of the three British armed services.

Part I

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The Gulf War 1990-91 in international law

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Chapter 1

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A chronology of events

David Travers

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1990

1 August Talks between Iraq and Kuwait in Jeddah broke down. Iraqi troops massed on the Kuwaiti border.

2 August Iraq invaded Kuwait at 3.00 a.m. GMT. The Emir and his family fled to Saudi Arabia. The Iraqi government claimed that it had intervened in Kuwait in response to a request from the ‘democratic Government of Kuwait’ which had overthrown the Al Sabahs. The Security Council, acting under Chapter VII of the Charter, approved Resolution 660 (14–0-0, Yemen absent) which condemned the invasion, demanded unconditional withdrawal and called upon Iraq and Kuwait to begin intensive negotiations to solve their differences.

The United States and United Kingdom froze Kuwait assets; the United States also froze Iraqi assets and suspended purchases of Iraqi oil. The Soviet Union announced an arms embargo against Iraq.

3 August Fourteen Arab League states condemned Iraqi invasion and called for an immediate withdrawal. Iraq announced that it would begin to withdraw troops from Kuwait on 5 August. Gulf Co-operation Council Ministerial Council held an emergency session in Cairo and condemned the Iraqi invasion.

There were press reports that Iraqi troops were deploying on the Saudi border. President Bush warned Iraq not to invade Saudi Arabia. The United States and United Kingdom announced that naval vessels were being sent to the Gulf.

The Soviet Foreign Minister and United States Secretary of State, meeting in Moscow, jointly condemned the invasion and called for a world-wide ban on arm sales to Iraq.

4 August An emergency meeting of the European Community in Rome agreed economic sanctions against Iraq. President Bush met advisers at Camp David; he then called King Fahd of Saudi Arabia to offer aid. Satellite photographs indicated reinforcement, not withdrawal, of Iraqi forces.

5 August Iraq claimed that it had withdrawn some of its armed forces from Kuwait. President Bush stated that the United States and its allies would not allow the setting-up of a puppet regime in Kuwait, and that Iraq had lied about withdrawal.

6 August The United Nations Security Council approved Resolution 661 imposing extensive mandatory economic sanctions against Iraq and Kuwait (13–0-2, Yemen and Cuba abstaining).

A large group of foreigners were moved by the Iraqi government from Kuwait to Baghdad. US Chargé d'Affaires Joseph Wilson met with Saddam Hussein in Baghdad and restated the US demand for the withdrawal of Iraqi forces from Kuwait. Saddam announced that the seizure of Kuwait was irreversible.

6/7 August Richard Cheney, the United States Secretary of Defense, visited Saudi Arabia and Egypt. The Secretary showed satellite photographs to Saudi officials detailing Iraqi troop concentrations along the northern border. King Fahd then invited friendly forces to Saudi Arabia to reinforce its defences. President Bush ordered a squadron of F15 fighter aircraft to Saudi Arabia, as well as the 82nd Airborne Division.

7 August Turkey closed the oil pipelines from Iraq. Iraqi oil exports through Saudi Arabia ceased because the storage tanks at Mu'ajjiz were full.

Switzerland applied economic sanctions against Iraq. A Soviet foreign affairs spokesman stated that the Soviet Union fully supported Security Council Resolution 660.

8 August The United Kingdom announced that British forces would be deployed to defend Saudi Arabia and the Gulf region. President Bush, in a Presidential address to the people of the United States, formally announced the deployment of United States armed forces to defend Saudi Arabia. He stated that the sovereign independence of Saudi Arabia was of vital interest to the United States; that appeasement did not work; that US policy was guided by four principles: the demand for the withdrawal of Iraqi forces from Kuwait; restoration of the legitimate government of Kuwait; a US commitment to peace and stability in the Gulf; and the protection of American lives in the region.

9 August The Security Council unanimously adopted Resolution 662 which declared that Iraq's annexation of Kuwait was null and void.

The Iraqi government announced that diplomatic missions in Kuwait must be closed and their activities transferred to Baghdad by 24 August.

President Mitterrand ordered the French aircraft carrier Clemenceau to the Gulf.

10 August Australia stated that two guided missiles frigates and a tanker would be sent to the Gulf.

Saddam Hussein called for a jihad against the United States and corrupt Arab leaders.

11 August Douglas Croskery — a British citizen — was shot by an Iraqi soldier as he attempted to escape into Saudi Arabia.

A squadron of RAF Tornadoes was deployed to Dhahran in Saudi Arabia. Egyptian and Moroccan troops landed in Saudi Arabia to deter an Iraqi invasion.

12 August A squadron of RAF Jaguar aircraft arrived in Thrumrait in Oman. The United States stated that it would use force if necessary to interdict trade with Iraq.

13 August Saddam Hussein offered a peace initiative: Iraq would withdraw from Kuwait if Israel withdrew from all the occupied territories and if Israel and Syria withdrew from Lebanon.

The Dutch government announced that it would send two frigates to the Gulf. The government of Pakistan stated that it intended to send ground forces to Saudi Arabia.

14 August Italy decided that it would order two frigates and a support ship to the Eastern Mediterranean. Belgium announced that it would send two mine- hunters and a support ship to the Mediterranean. President Assad expressed Syria's support for United States military deployment. The Royal Navy started to challenge Gulf shipping.

15 August It was announced that Saddam Hussein had, the previous day, written to President Rafsanjani of Iran, offering to accept the Iranian conditions for a comprehensive settlement of the conflict between the two states.

US F-117 stealth fighters began deployment to the Middle East.

16 August The Iraqi authorities in Kuwait stated that United Kingdom nationals were required to assemble at the Regency Palace Hotel and United States nationals at the International Hotel. President Bush ordered the US Navy to intercept shipping to and from Iraq and Kuwait.

17 August The Iraqi National Assembly decided that all nationals of those states that were participating in the economic embargo against Iraq and intended to attack the country would be interned until the threat of war against the country ended.

18 August The Iraqi Ministry of Labour and Social Affairs stated that the United States and its allies had begun to impose an economic blockade using force; that this was an act of war under international law; and that foreigners living in Iraq would suffer as a consequence of economic sanctions.

The Security Council adopted Resolution 664 (15–0-0) condemning Iraq's actions against the foreign communities in Kuwait and Iraq.

Iraq ordered all Western nationals in Kuwait to assemble at the Meridien, International and Regency Palace Hotels. They were to be sent to strategic military and civilian sites to prevent ‘military aggression’. Iraq would not be responsible for the safety of any who failed to heed the instructions.

19 August Two United States warships fired shots across the bows of two Iraqi tankers in the Gulf.

Iraq stated that it would release hostages from those states which were not sending armed forces to the Gulf.

France ordered its fleet in the Gulf to use force if necessary to ensure compliance with UN sanctions against Iraq.

20 August President Bush referred to Americans detained in Iraq as hostages, in a speech given to the national convention of the Veterans of Foreign Wars. Iraq repeated its threat that if missions in Kuwait were not closed by 24 August, diplomats would lose their special status. The United States, the EC member states and Japan refused to close their missions. Iraq warned Iraqis and Kuwaitis that they risked the severest punishment if they sheltered and helped foreigners.

Greece decided in principle to send her frigate the Limnos to the Gulf. Germany stated that a destroyer was to be sent to join mine-hunters in the Eastern Mediterranean.

21 August President Mitterrand announced that French ground forces would be sent to the Gulf. Mrs Thatcher stated in a press conference that there would be no negotiations with Iraq while British hostages were held. A similar statement was made by the United States.

22 August President Bush called up over 40,000 military reservists. Syria announced that its troops had been deployed to Saudi Arabia.

23 August An RAF Squadron of Tornado GR1 strike bomber aircraft was deployed in Bahrain. The European Community announced that it had approved the expenditure of 1.3 m. EC Us to help fly refugees out of Jordan and to provide financial aid to Turkey and other countries whose economies had been badly hit by the Gulf crisis.

Saddam Hussein appeared on television with British hostages.

24 August Twenty-five diplomatic missions in Kuwait ignored the Iraqi demand that they should close. Iraq stated that diplomats from these missions would not be allowed to leave Iraq. Iraqi troops surrounded nine, including the UK and US missions. The United States provided $1 million to meet urgent humanitarian needs in Jordan.

25 August The Security Council adopted Resolution 665 (13–0-2, Yemen and Cuba abstained). This allowed navies assisting the Government of Kuwait to use force to prevent breaches of the embargo. President Waldheim of Austria visited Iraq and returned with ninety-five released Austrian citizens.

26 August The Emir of Qatar announced an agreement to extend military facilities to friendly states at their request.

27 August The United States decided to expel thirty-six of the fifty-five Iraqi diplomats and non-diplomatic staff members from the Embassy in Washington in response to Iraq's illegal order to close the US Embassy in Kuwait.

28 August The United States deployed armed forces to Qatar. Iraq announced that Kuwait had become the nineteenth province of Iraq. Iraq declared that all foreign women and children would be allowed to depart from Kuwait and Iraq, providing that they had exit visas, beginning on 29 August.

29 August Iraq stated that men as well as women would be allowed to leave Iraq, if the United States promised not to attack.

Japan announced that it would provide $1 bn. for co-operation with the multinational forces in the Gulf; substantial additional help for front-line states and $10 m. assistance for refugees in Jordan. It would also send civilian cargo planes to deliver non-military supplies and a team of 100 medical personnel to the Gulf region. Saudi Arabia offered $100 m. aid to Egypt to resettle Egyptian refugees from Iraq.

The United Nations Secretary-General asked the United Nations Disaster Relief Office to co-ordinate humanitarian assistance arising from the Gulf crisis.

30 August President Bush announced a plan to persuade allied states to share the financial burden of sanctions and the expenses of the deployment of US armed forces to the Gulf.

The first Pakistani troops were sent to Saudi Arabia. HMS Gloucester was deployed to the Gulf.

31 August The Danish parliament approved the deployment of a corvette to the Gulf. The Norwegian government approved the deployment of a coastguard vessel to the Gulf.

United Nations Secretary-General Perez de Cuellar and Foreign Minister Aziz of Iraq held discussions in Amman, Jordan.

1 September Evacuation of British women and children from Iraq began.

2 September The Iraqi government insisted that foreign evacuees from Kuwait must leave via Baghdad and that all foreigners must depart only on chartered Iraqi Airlines aircraft. At his press conference in Amman, the Secretary-General revealed his disappointment with the position adopted by Iraq.

4 September Mr Shevardnadze called for an international conference on the Middle East; he stated that Israeli agreement could exert a positive influence on the Gulf crisis.

The International Organization for Migration and the United Nations Disaster Relief Office began the airlift of Bangladeshi refugees from Amman to Dhaka.

Iraq announced that it would not be held responsible if foreigners faced food shortages.

Senegal announced that it would send troops to Saudi Arabia. They left on 17/18 September.

Pakistan announced the temporary closure of its Embassy in Kuwait, due to ‘difficult circumstances'.

5 September The Turkish parliament authorized the government to permit the stationing of foreign troops and the deployment of the army abroad.

6 September The United Kingdom parliament reconvened for a two-day debate on the Gulf crisis.

7 September The United States placed Iraq on a list of states sponsoring terrorism.

8 September Mr Lilley, the United Kingdom Secretary of State for Trade and Industry, announced that it would be permissible under Security Council Resolution 661 to export medical supplies to Iraq and Kuwait.

10 September Presidents Bush and Gorbachev, after their summit meeting in Helsinki, demanded the complete and unconditional withdrawal of Iraqi troops from Kuwait and reaffirmed their support for all the five United Nations Resolutions. They agreed that if the current measures were not successful the...