S. HRG. 108–35 THE JANUARY 27 UNMOVIC AND IAEA REPORTS TO THE U.N. SECURITY COUNCIL ON INSPEC- TIONS IN IRAQ HEARING BEFORETHE COMMITTEE ON FOREIGN RELATIONS UNITED STATES SENATE ONE HUNDRED EIGHTH CONGRESS FIRST SESSION JANUARY 30, 2003 Printed for the use of the Committee on Foreign Relations ( Available via the World Wide Web: http://www.access.gpo.gov/congress/senate U.S. GOVERNMENT PRINTING OFFICE 85–796 PDF WASHINGTON : 2003 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 11-MAY-2000 15:32 Jun 10, 2003 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 85796 SFORELA1 PsN: SFORELA1 COMMITTEE ON FOREIGN RELATIONS RICHARD G. LUGAR, Indiana, Chairman CHUCK HAGEL, Nebraska JOSEPH R. BIDEN, JR., Delaware LINCOLN CHAFEE, Rhode Island PAUL S. SARBANES, Maryland GEORGE ALLEN, Virginia CHRISTOPHER J. DODD, Connecticut SAM BROWNBACK, Kansas JOHN F. KERRY, Massachusetts MICHAEL B. ENZI, Wyoming RUSSELL D. FEINGOLD, Wisconsin GEORGE V. VOINOVICH, Ohio BARBARA BOXER, California LAMAR ALEXANDER, Tennessee BILL NELSON, Florida NORM COLEMAN, Minnesota JOHN D. ROCKEFELLER IV, West Virginia JOHN E. SUNUNU, New Hampshire JON S. CORZINE, New Jersey KENNETH A. MYERS, JR., Staff Director ANTONY J. BLINKEN, Democratic Staff Director (II) VerDate 11-MAY-2000 15:32 Jun 10, 2003 Jkt 000000 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 85796 SFORELA1 PsN: SFORELA1 CONTENTS Page Armitage, Hon. Richard L., Deputy Secretary of State, Department of State, Washington, DC ................................................................................................... 12 Prepared statement .......................................................................................... 14 Brownback, Hon. Sam, U.S. Senator from Kansas, prepared statement............ 35 Dodd, Hon. Christopher J., U.S. Senator from Connecticut, prepared state- ment ...................................................................................................................... 30 ‘‘European Leaders In Support Of U.S.,’’ article from the Wall Street Journal, Jan. 30, 2003, submitted by Senator Joseph R. Biden, Jr. ............................... 65 Feingold, Hon. Russell D., U.S. Senator from Wisconsin, prepared statement.. 39 Hagel, Hon. Chuck, U.S. Senator from Nebraska, prepared statement ............. 60 Lugar, Hon. Richard G., U.S. Senator from Indiana, opening statement ........... 4 Negroponte, Hon. John D., U.S. Permanent Representative to the United Nations, New York, NY ....................................................................................... 16 Sununu, Hon. John E., U.S. Senator from New Hampshire, prepared state- ment ...................................................................................................................... 73 ‘‘The Security Council, 27 January 2003: An Update on Inspection,’’ a report delivered by Dr. Hans Blix, Executive Chairman, United Nations Moni- toring, Verification and Inspection Commission, UNMOVIC, to the U.N. Security Council ................................................................................................... 76 ‘‘U.S. Had Key Role in Iraq Buildup,’’ article from The Washington Post, Dec. 30, 2002, by Michael Dobbs, submitted by Senator Barbara Boxer ........ 43 Voinovich, Hon. George V., U.S. Senator from Ohio, prepared statement ......... 53 (III) VerDate 11-MAY-2000 15:32 Jun 10, 2003 Jkt 000000 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 85796 SFORELA1 PsN: SFORELA1 VerDate 11-MAY-2000 15:32 Jun 10, 2003 Jkt 000000 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 85796 SFORELA1 PsN: SFORELA1 THE JANUARY 27 UNMOVIC AND IAEA RE- PORTS TO THE U.N. SECURITY COUNCIL ON INSPECTIONS IN IRAQ THURSDAY, JANUARY 30, 2003 U.S. SENATE, COMMITTEE ON FOREIGN RELATIONS, Washington, DC. The committee met, pursuant to notice, at 10 a.m. in room SD– 419, Dirksen Senate Office Building, HON. Richard G. Lugar (chairman of the committee), presiding. Present: Senators Lugar, Hagel, Chafee, Allen, Brownback, Enzi, Voinovich, Alexander, Coleman, Sununu, Biden, Sarbanes, Dodd, Feingold, Boxer, Bill Nelson, and Corzine. The CHAIRMAN. This hearing is called to order. Today, the Senate Foreign Relations Committee meets to hear testimony from Deputy Secretary of State, Richard Armitage, and the United States Ambassador to the United Nations, John Negroponte. Both are principal actors in the formulation and im- plementation of U.S. policy toward Iraq, and they will provide com- ments on U.S. reaction to the 60-day progress report on Iraq’s com- pliance with the United Nations Security Council Resolution 1441. On Monday, January 27, Mohammed ElBaradei, Director Gen- eral of the International Atomic Energy Agency, and Hans Blix, Executive Chairman of the United Nations Monitoring, Verification and Inspection Commission, UNMOVIC, delivered an update to the United Nations Security Council on their efforts to verify disar- mament in Iraq.1 In Mr. Blix’ assessment, and I quote, ‘‘Iraq ap- pears not to have come to a genuine acceptance, not even today, of the disarmament which was demanded of it.’’ It should not come as a surprise to this committee and those who have watched the process unfold over the last 12 years. Iraq con- tinues to resist the United Nations’ efforts to verify its compliance with a host of Security Council resolutions. On November 8, 2002, the United Nations Security Council passed Resolution 1441 requiring Iraq’s immediate, unconditional, and active cooperation in verifying the dismantlement of the weap- ons of mass destruction and the programs that support them. In my opinion, Iraq has failed to comply with these requirements and is in material breach of these obligations. Iraq continues to deny U–2 overflights, requested documentation, and unfettered ac- cess to weapons scientists. Furthermore, the recent discovery of 1A copy of this update entitled ‘‘The Security Council, 27 January 2003: An Update on Inspec- tion,’’ can be found on page 76. (1) VerDate 11-MAY-2000 15:32 Jun 10, 2003 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 85796 SFORELA1 PsN: SFORELA1 2 chemical warheads in Iraq, and Iraq’s failure to provide proof as to the final disposition of tons of chemical and biological agents, are clear instances of noncompliance. It is Iraq’s responsibility to prove compliance with the resolutions passed since the end of the Persian Gulf War. To date, Iraq has failed to do so. Simply stated, previous United Nations inspection reports have listed weapons, materials, and programs of mass destruction in Iraq. Resolution 1441 gives Iraq one final chance to destroy the weapons and materials and stop the programs by showing evidence of that destruction or inviting UNMOVIC inspectors to view items previously listed and to destroy all of them with worldwide obser- vation. To date, Iraq has shown no required evidence, nor directed the inspectors to the weapons and materials, even though the Security Council voted 15 to 0 that such a monumental defiance of the United Nations would result in grave consequences. Now, demands are heard in our country and in other countries that the U.N. inspectors produce, ‘‘smoking guns,’’ or dramatic pic- tures. The U.N. has listed the smoking guns in past reports. Iraqis apparently persist in the notion that all these past reports are illu- sion; that nothing ever happened; that nothing, therefore, can be reported; and that any consequences of such wholesale evasion are unwarranted, are the subject of our hearing today. The report Iraq submitted in early December on the current state of its weapons of mass destruction programs contains no new information and is largely a reprint of earlier documents. And still Iraqi leaders claim they have given the United Nations full co- operation. As Hans Blix reported to the Security Council, there are glaring omissions and apparent violations that Iraq has failed to explain, and he went on to point these out. Iraq has tested missiles that ex- ceed the permitted range. Iraq has failed to prove that it destroyed all of its anthrax stockpile. Iraq has illegally imported rocket en- gines and fuel. Iraq has failed to account for 6,500 chemical weap- ons. Iraq has failed to declare 650 kilograms of bacterial growth medium that could be used in the development of biological weap- ons. Iraq has rebuilt missile production facilities that were de- stroyed by previous inspectors. And UNMOVIC inspectors have dis- covered the precursors to mustard gas. Now, furthermore, Iraqi scientists continue to refuse to meet with the United Nations inspectors in private. And to date, those who have agreed to interviews have demanded that representatives of Iraq’s monitoring directorate to be present. It is apparent that Baghdad is working to discourage private meetings. On numerous occasions, I have asked UNMOVIC and the IAEA to utilize the authority that has been given to hold interviews out- side of Iraq. Scientists who agree to be interviewed should be given the opportunity to emigrate with their families. Our experience has shown that these scientists are the best source of information on weapons programs. As Iraqi intransigence has become more deliberate, President Bush and Prime Minister Tony Blair of Great Britain have ordered military forces into the region in increasing numbers. And the pres- VerDate 11-MAY-2000 15:32 Jun 10, 2003 Jkt 000000 PO 00000 Frm 00006 Fmt 6633 Sfmt 6633 85796 SFORELA1 PsN: SFORELA1 3 ence of these military forces in the region and the insistence of President Bush and Prime Minister Blair and others on complete disarmament have been the catalyst behind what little cooperation the United Nations has received to date from Iraq. All Americans—all Americans—are hopeful that military action against Iraq can be avoided. Iraqi actions are providing little en- couragement to date. The list of outstanding Iraqi obligations and requirements is the same today as it was when the United Nations inspectors left in 1998, and there is little evidence that Saddam Hussein has decided to comply or to cooperate. Our nation will and must act when our national security inter- ests are threatened. Iraq, armed with weapons of mass destruction and the possibility of their transfer to terrorist organizations, is un- acceptable. Saddam Hussein has launched chemical and biological weapons against his neighbors, as well as his own people, and we cannot permit him to maintain these weapons of mass destruction. On November 8, the United Nations made a strong statement re- quiring full Iraqi compliance. Those days of hope and consensus have waned as narrower interests have begun to peel back the Se- curity Council’s unanimous support for Resolution 1441. This is un- fortunate. The administration should continue to work to build sup- port at the United Nations for full implementation of Resolution 1441, including the need for action in the absence of complete Iraqi compliance. As President Bush noted in September in his speech before the General Assembly, ‘‘The United Nations faces a difficult and defin- ing moment. Are Security Council resolutions to be honored and enforced, or cast aside without consequences? Will the United Na- tions serve the purpose of its founding, or will it be irrelevant,’’ end of quote by the President. In recent days, the administration has begun to consider the re- lease of highly sensitive intelligence on Iraq’s weapons ambitions. I am encouraged that Secretary Powell will visit with the Security Council and share some of our intelligence community’s assess- ments of Iraq’s behavior. I appreciate the importance, as we all do on this committee, of safeguarding sources and methods in sharing highly classified in- formation, but I believe those risks are now outweighed by both the need to point the United Nations inspectors in the direction of sus- pect sites, and by the need to demonstrate to the Security Council and allied governments the seriousness of our purpose. If, after continued discussions, United Nations support is not forthcoming, the United States must consider a different course. We must work with like-minded nations to form what President Bush has called the ‘‘coalition of the willing’’ committed to the dis- armament of Iraq. Now, before I recognize our distinguished witnesses, which we welcome, I want to call upon the distinguished chairman of this committee, who has graciously relinquished the gavel, at least for a period of time in the topsy-turvy politics of our country. I am grateful for his friendship, for his leadership, and I call upon him now for his statement. [The opening statement of Senator Lugar follows:] VerDate 11-MAY-2000 15:32 Jun 10, 2003 Jkt 000000 PO 00000 Frm 00007 Fmt 6633 Sfmt 6633 85796 SFORELA1 PsN: SFORELA1 4 OPENINGSTATEMENTOFSENATORRICHARDG. LUGAR Today the committee meets to hear testimony from Deputy Secretary of State Richard Armitage and U.S. Ambassador to the United Nations John Negroponte. Both are principal actors in the formulation and implementation of U.S. policy to- ward Iraq. They will provide comments on the U.S. reaction to the 60-day progress report on Iraq’s compliance with United Nations Security Council Resolution 1441. On Monday, January 27, Mohammed El Baradei, Director General of the Inter- national Atomic Energy Agency, and Hans Blix, Executive Chairman of the United Nations Monitoring, Verification, and Inspection Commission (UNMOVIC) delivered an update to the United Nations Security Council on their efforts to verify disar- mament in Iraq. Mr. Blix’s assessment that, ‘‘Iraq appears not to have come to a genuine acceptance, not even today, of the disarmament which was demanded of it’’ should not come as a surprise to those who have watched this process unfold over the last twelve years. Iraq continues to resist United Nations efforts to verify its compliance with a host of Security Council resolutions. On November 8, 2002, the United Nations Security Council passed Resolution 1441 requiring Iraq’s immediate, unconditional, and active cooperation in verifying the dismantlement of its weapons of mass destruction and the programs that sup- port them. ‘‘In my opinion, Iraq has failed to comply with these requirements and is in material breach of these obligations. Iraq continues to deny U-2 overflights, re- quested documentation, and unfettered access to weapons scientists. Furthermore, the recent discovery of chemical warheads in Iraq and Iraq’s failure to provide proof as to the final disposition of tons of chemical and biological agent are clear instances of noncompliance.’’ It is Iraq’s responsibility to prove compliance with the resolutions passed since the end of the Persian Gulf War. To date, Baghdad has failed to do so. Simply stated, previous United Nations inspection reports have listed weapons, materials, and pro- grams of weapons of mass destruction in Iraq. Resolution 1441 gives Iraq one final chance to destroy the weapons and materials and stop the programs by showing evi- dence of that destruction or inviting the UNMOVIC inspectors to view items pre- vious listed and to destroy all of this with worldwide observation. To date, Iraq has shown no required evidence nor directed the inspectors to the weapons and mate- rials even though the Security Council voted 15–0 that such a monumental defiance of the United Nations would result in grave consequences. Demands are heard in our country and in other countries that the U.N. inspectors produce ‘‘smoking guns’’ or dramatic pictures. The U.N. has listed the ‘‘smoking guns’’ in past reports. Iraqi’s apparently persist in the notion that all past reports are an illusion, that nothing ever happened, nothing can be reported, and that any consequences of such wholesale evasion be unwarranted. The report Iraq submitted to the United Nations in early December on the current state of its weapons of mass destruction programs contains no new information and is largely a reprint of earlier documents. Still Iraqi leaders claim they have given the United Nations full cooperation. As Hans Blix reported to the Security Council, there are glaring omissions and apparent violations that Iraq has failed to explain. Among these omissions and violations are the following: • Iraq has tested missiles that exceed the permitted range; • Iraq has failed to prove that it has destroyed all of its anthrax stockpile; • Iraq has illegally imported rocket engines and fuel; • Iraq has failed to account for 6,500 chemical weapons; • Iraq has failed to declare 650 kilograms of bacterial growth medium that could be used in the development of biological weapons; • Iraq has rebuilt missile production facilities that were destroyed by inspectors; and • UNMOVIC inspectors have discovered precursors to mustard gas. Furthermore, Iraqi scientists continue to refuse to meet with United Nations in- spectors in private. To date, those who have agreed to interviews have demanded that representatives of Iraq’s Monitoring Directorate be present. It is apparent that Baghdad is working to discourage private meetings. On numerous occasions, I have urged UNMOVIC and the IAEA to utilize the au- thority it has been given to hold interviews outside of Iraq. Scientists who agree to be interviewed should be given the opportunity to emigrate with their families. Our experience has shown that these scientists are the best source of information on weapons programs. As Iraqi intransigence has become more deliberate, President Bush and British Prime Minister Tony Blair have ordered military forces into the region in increasing VerDate 11-MAY-2000 15:32 Jun 10, 2003 Jkt 000000 PO 00000 Frm 00008 Fmt 6633 Sfmt 6621 85796 SFORELA1 PsN: SFORELA1 5 numbers. The presence of these military forces in the region and the insistence of President Bush and Prime Minister Blair on complete disarmament have been the catalyst behind what little cooperation the United Nations has received to date from Iraq. All Americans are hopeful that military action against Iraq can be avoided. Iraqi actions are providing little encouragement. The list of outstanding Iraqi obligations and requirements is the same today as it was when United Nations inspectors left in 1998. There is little evidence that Saddam Hussein has decided to comply or co- operate. Our nation will and must act when our national security interests are threatened. Iraq armed with weapons of mass destruction and the possibility of their transfer to terrorist organizations is unacceptable. Saddam Hussein has launched chemical and biological weapons attacks against his neighbors as well as his own people. We cannot permit him to maintain weapons of mass destruction. On November 8 the United Nations made a strong statement requiring full Iraqi compliance with the terms of the Resolution 1441. Those days of hope and con- sensus have waned as narrower interests have begun to peel back the Security Council’s unanimous support for Resolution 1441. This is unfortunate but not unex- pected. The Administration should continue to work to build support at the United Nations for full implementation of Resolution 1441 including the need for action in the absence of complete Iraqi compliance. As President Bush noted in September in his speech before the General Assembly: ‘‘the United Nations [faces] a difficult and defining moment. Are Security Council resolutions to be honored and enforced, or cast aside without consequence? Will the United Nations serve the purpose of its founding, or will it be irrelevant?’’ In recent days the Administration has begun to consider the release of highly sen- sitive intelligence on Iraq’s weapons ambitions. I am encouraged that Secretary of State Powell will visit with the Security Council and share some of our Intelligence Community’s assessments of Iraq’s behavior. I appreciate the importance of safe- guarding sources and methods in sharing highly classified information, but I believe those risks are now outweighed both by the need to point United Nations inspectors in the direction of suspect sites and by the need to demonstrate to the Security Council and allied governments the seriousness of our purpose. If, after continued discussions, United Nations support is not forthcoming, the United States must consider a different course. We must work with like-minded na- tions to form a ‘‘coalition of the willing’’ committed to the disarmament of Iraq. Senator BIDEN. Thank you, Mr. Chairman. I would like to think I would have relinquished it voluntarily, but I doubt whether I would have. But if it is going to be relin- quished, there is no single person, in my view, in the Congress more qualified to have that seat than you. And I want to thank you for getting us right underway, not wast- ing any time. This is—as everyone has been saying in various fora, this is a momentous moment for the United States of America, and a great deal is at stake. And I say to my two friends, our witnesses, that I never thought we would get to the point where I would have trouble seeing you, Secretary Armitage, but I will tell you, this dais keeps getting ex- tended. I have been here a long time. At first, I walked in and thought maybe my eyes were going bad, and then I realized we have extended by about ten feet; the table is moved back. So either I have been here too long, or I am going to have to get binoculars if we keep expanding this. And I do want the record to note that I have been calling, for 12 years, for a new microphone system in this place, and it was not until we had a Republican chairman that it arrived. My only regret, Mr. Chairman, is that I wish that this had hap- pened on my watch. Now, technically we did not organize in the middle of January. These were put in in January, so I am going to claim credit for the mikes. It is my one contribution to American foreign policy. That VerDate 11-MAY-2000 15:32 Jun 10, 2003 Jkt 000000 PO 00000 Frm 00009 Fmt 6633 Sfmt 6602 85796 SFORELA1 PsN: SFORELA1 6 is, the witnesses can hear us now, which I am not sure is a good thing. But anyway, let me be serious for a few moments. As we speak, the Judiciary Committee, of which I am a member, is meeting, and we are about to pass a bill that I have introduced out of committee providing for the ability for 500 visas for Iraqi sci- entists and all their families. I would urge you, Rich, to make the point to the administration that it would be helpful to get this out and moving. I cannot imagine it is not helpful to you, although it is not dispositive of what they may do, the idea that now there is a limit of 100, we move it to 500, and the entire families of these scientists, if they so choose, to come to the United States. Secretary Armitage, Mr. Ambassador—Ambassador Negroponte, I want to add my welcome to both of you. We are eager to hear your testimony. And I cannot think of a more critical assignment for the future standing of our country in the world than the one facing you in the immediate weeks ahead. You have been charged with making America’s case to the world and building a coalition to confront and, if necessary, to forcibly disarm Saddam Hussein. I want to commend you for your achieve- ments to date. In absentia, your boss, Secretary Armitage, but not the Ambassador’s boss, I want to commend, in absentia, Colin Pow- ell. I think he is the best thing since sliced bread, and I think he is doing an incredible job right now with both of you. By taking the issue of Iraq’s disarmament to the Security Coun- cil and challenging the U.N. to enforce its own resolutions, as the President did in a brilliant speech that he made—I think the most significant speech, in my view, that he has made since he has been President—you have made Iraq the world’s problem, not just our own. And I cannot emphasize enough how much I agree with you that it must remain the world’s problem, not just our own. You have achieved an outcome that your detractors thought im- possible, but, as I am going to be frank to say, I predicted you would be able to do, and that is, you got the Security Council to vote unanimously last fall for demanding Iraq’s disarmament. And I predict you will be able to do it, if not unanimously, with a Ger- man abstention, in all probability, you will be able to do that again for a second resolution—at least I hope that is going to be the out- come. And I know you are going to attempt to pursue that, al- though you are not committed to that position that you must get a U.N. resolution. But clearly, clearly, clearly, it would be in our overwhelming interest if that were able to be done. I look forward to your analysis of the reports issued this week by the United Nations weapons inspectors. To me, they clearly show, they clearly show that Saddam continues to thumb his nose at the world and is in material breach of the 1441, the most recent U.N. resolution. They bolster the case that the United States has made that Iraq is violating the terms of surrender. And I want to term it in terms of ‘‘surrender.’’ I am so frustrated by some other parts of this administration of injecting into this debate a notion relating to preemption that has not a damn thing to do with whether or not we move against Sad- dam Hussein. I would hope the President and everyone else would stop talking about a doctrine you cannot even explain—you cannot VerDate 11-MAY-2000 15:32 Jun 10, 2003 Jkt 000000 PO 00000 Frm 00010 Fmt 6633 Sfmt 6602 85796 SFORELA1 PsN: SFORELA1