1.
The Assembly agrees with the goal to disarm Iraq as stated in UN
Security Council Resolution 1441, but regrets that the war in Iraq has
started, expresses its deep concern for the civilian population whose lives
are exposed to the dangers of war, and deplores the loss of life, both
civilian and military.
2.
The Assembly regrets that the situation which has led to the war triggered off
a series of crises and revealed divisions between Europe and the United
States, between European countries, and between some governments and the
majority of their people. It is also our task to bridge these gaps, analyse
the causes and prevent this from happening again.
3.
The Assembly recalls that, since September 2002, it has firmly opposed the
unilateral use of force outside the international legal framework and without
an explicit decision by the United Nations Security Council.
4.
The Assembly makes it clear that the leader of the Iraqi regime is a cruel
dictator responsible for the worst violations of human rights. The
Assembly condemns the use of civilians, including children and women, as human
shields by the Baghdad regime and appeals to the belligerent parties to
respect the peremptory norms of humanitarian international law. The
Assembly expresses its solidarity with those Iraqis who are fighting against
the dictatorship and for the establishment of democracy.
5.
The Assembly deplores the interruption of the international community’s
efforts to disarm Iraq by peaceful means, which had begun to yield positive
results. The responsibility for the failure of the political and
diplomatic approach of the international community, mostly within UN
Organisation, belongs also to the Baghdad regime which had at its disposal 12
years and 17 resolutions of the Security Council to disarm.
6.
The Assembly notes that the great majority of the international community had
opposed the military intervention at this stage, which was favoured by only
four of the fifteen members of the United Nations Security Council.
7.
The international pressure on Iraq, including military deployment, had borne
fruit, and it had been possible, using the inspection procedures, to destroy
more weapons of mass destruction than during the Gulf War.
8.
The Assembly remains convinced that the use of force at this stage to disarm
Iraq was not justified, and that there is as yet no evidence that this country
posed a threat to the states which attacked it. In the absence of an
explicit decision by the United Nations Security Council, it considers this
attack unlawful and contrary to the principles of international law, which
prohibits the use and threat of force except in cases provided for in the
United Nations Charter.
9.
The Assembly considers that the military intervention in Iraq can find no
justification in the United Nations’ earlier decisions. It condemns it
firmly and asks the Governments of the states involved to put an end to
it.
10.
The United Nations Security Council muststop the war and restore international
peace and security. Should it be unable to do this, an extraordinary
session of the United Nations General Assembly must be convened as a matter of
urgency.
11.
The Assembly urges the European Union to play an active part in this process
of restoring peace and the world legal order.
12.
The problem the world is facing with the Iraqi regime should be referred back,
as a matter of urgency, to the lawful framework of the United Nations, as
things are, respecting the sovereignty and the territorial integrity of Iraq
and the other states in the region.
13.
The Assembly acknowledges the difficult position which might face neighbouring
countries as a result of the war and the urgent need for international
support.
14.
The United Nations must play the key role in the post-war period in order to
give a legal base for the reconstruction of the country. In this context, the
Assembly feels indignation about the cynical spectacle offered by calls for
tender and construction contracts at a time when the fighting is continuing
and human lives are in danger.
15.
The Assembly welcomes the United Nations Security Council’s decision to
authorise resumption of the “oil for food” humanitarian programme, as a
necessary but insufficient relief for the sufferings.
16.
The Assembly regrets the Council of Europe member states’ failure to adopt a
firm, united stance on respect for international law, which might have
prevented the war. Europe will not be a political reality until it is
prepared to assert its unity, on the basis of its principles and values.
It must be able to anticipate the course of international events, so that it
can formulate joint approaches and positions well before a crisis aggravates.
17.
The Assembly believes that the strategic alliance between Europe and the
United States, which the terrorist attacks of 11 September 2001 strengthened,
must remain the keystone of progress, security and democracy in tomorrow’s
world. It should never directly or indirectly be exploited to confront
Europeans with unacceptable choices, divide them or, worse, encourage them to
abandon the fundamental principles of European democracy and violate
international law. The Assembly underlines the importance of the
trans-Atlantic relations, as well as, of the European unity in promoting
stability, democracy and peace in the world. Consultations on democratic
basis among all the interested countries are necessary in order to insure the
implementation of these objectives.
18.
The Assembly is greatly concerned that the war in Iraq, regarded as unjust by
most of world opinion, may undermine international cohesion against terrorism,
strengthen the position of terrorist and fundamentalist groups and further
destabilise the Middle East region. In this regional context, the
Assembly is firmly convinced of the need to present and implement the
Quartet's roadmap for a settlement that will resolve the Israeli-Palestinian
conflict.
19.
The Assembly is deeply concerned that the intervention in Iraq, conducted in
the name of preventive war, could endanger all the achievements in the field
of preservation of peace, collective security and international stability of
the past fifty years and could set a dangerous precedent which might be
exploited by other countries.
20.
The Assembly considers that the media covering the war should refrain from
broadcasting or publishing tendentious and provocative material which may fuel
anti-American, anti-European, anti-Arab, anti-Muslim, anti-Israeli,
anti-Semitic or anti-Christian feelings.
21.
The Assembly is aware of the unprecedented media dimension that the war in
Iraq has acquired through embedded journalists and through instant
round-the-clock reporting by a panoply of Western and Arab TV channels.
It regrets the resulting rush to uninformed speculation. It warns
against the danger of turning the media into a weapon of war affecting public
opinion and political and military decision making. It also condemns
harassment of 'unilateral' journalists and the treatment of media
installations and journalists as military targets.
22.
The Assembly observes with satisfaction the impressive mobilisation of many
people around the world for peace, which should neither be misinterpreted nor
exploited as anti-American. It notes the opposition to the war within
the United States and United Kingdom themselves.
23.
The Assembly is convinced that a lasting solution of the crisis requires that
women will have an active role in conflict prevention and peace keeping.
24.
The Assembly considers that Europe must act quickly and resolutely, first, to
relieve the sufferings of the civilian population, then to do everything it
can to help organise the post-war period and stabilise the region.
25.
The Assembly is shocked by the deliberate shooting and killing of a vehicle
full of Iraqi civilians on 1 April 2003 and expresses its concern that these
blunders are likely to occur again in the days to come if adequate measures
are not taken.
26.
The Assembly is convinced that Europe needs a big effort to build cohesion and
unity and that the European Union needs a Common Foreign Security Policy so
that it can affirm its values and turn them into effective policy.
27.
The Assembly expresses its regret that representatives of the US Congress did
not deem necessary to accept the invitation to participate in the debate on
the war in Iraq.
28.
The Assembly is convinced of the need to respect the international borders of
Iraq at the end of the conflict.
29.
The Assembly calls on:
i.
the belligerents:
a.
to put an end without delay to the hostilities, and resume efforts to settle
the conflict within the United Nations and using its machinery;
b.
to respect the laws of war, to protect prisoners of war and other persons hors
de combat, to comply with the Geneva Conventions, to give all such
prisoners immediate access to the International Committee of the Red Cross
and to protect civilians and strictly respect humanitarian law, the Geneva
Conventions, the freedom of action for humanitarian NGOs, the free
circulation of information and the independence of the media. It
reminds the belligerents that they may be required to answer for any crimes
against humanity or war crimes committed;
c.
to treat all prisoners in strict accordance with the requirements of the
Geneva Conventions.
ii.
the neighbour states of Iraq:
a.
to refrain from any military action, legitimate defence and necessities
generated by humanitarian requirements excepted, which may complicate the
existing situation;
b.
not to close their borders to refugees, but to provide them with sufficient
protection in accordance with the Geneva Conventions;
iii.
the member states of the Council of Europe:
a.
to intensify their efforts to find, as a matter of urgency, a peaceful
solution, putting an end to the hostilities in Iraq and bringing settlement
of the conflict back to the United Nations;
b.
to restore the unity of the international community based on the
mutual respect and international law;
c.
to contribute to efforts to prevent a humanitarian disaster in Iraq, help
the refugees and victims of the war more readily respond to the special
appeal by the UNHCR, and provide the people of Iraq with the food and
medical assistance they require;
d.
to give support, economic and humanitarian, to Turkey, the only member state
of the Council of Europe having a frontier with Iraq, and which will suffer
from the direct consequences of war, including humanitarian crises which
would possibly be caused by refugee flows;
e.
to insist that the democratic rehabilitation and reconstruction of Iraq must
be under the direct auspices of the United Nations;
f.
to devise effective machinery making it possible, well before international
crises develop, to align national positions and formulate a joint European
approach, based on European principles, values and interests;
g.
to reaffirm their commitment to the basic principles of international law
and to help to restore the authority and strengthen the role of the United
Nations;
h.
to redouble their efforts to promote relations with the Arab and Muslim
countries, and also inter-religious and inter-cultural dialogue;
i.
to intensify the search for a just and lasting solution to the conflict in
the Middle East;
j.
to ensure the effective protection of refugees and asylum-seekers, including
by affording them durable protection and access to member states'
territories.
Assembly
debate on 3 April 2003 (15th Sitting)
(see Doc. 9768 and
Addendum, report of the Political Affairs Committee, rapporteur: Mr Gross). Text
adopted by the Assembly on 3 April 2003 (15th Sitting)
