The situation between Iraq and Kuwait - Security Council, 9997th meeting

The 9,997th meeting of the Security Council is called to order. The provisional agenda for this meeting is the situation between Iraq and Kuwait. The agenda is adopted. In accordance with rule 37, of the Council's provisional rules of procedure, I invite the representatives of Iraq and Kuwait to participate in this meeting. It is so decided. The Security Council will now begin its consideration of item 2 of the agenda. Members of the Council have before them document S/2015/240, slash 2025 slash 579, the text of a draft resolution submitted by the United Kingdom of Great Britain and Northern Ireland. The Council is ready to proceed to the vote on the draft resolution before it. I shall put the draft resolution to the vote now. Will those in favor of the draft resolution contained in document S/2025/579 please raise their hand? The result of the voting is as follows: The draft resolution received 15 votes in favor. The draft resolution has been adopted unanimously as resolution 27/92. I now give the floor to those members of the Council who wish to make a statement after the vote. I give the floor to the representative of the United Kingdom.

Thank you, President. The United Kingdom welcomes the unanimous support shown by Council members for this resolution. We welcome the Council decision to authorize a senior representative with a mandate to support cooperation to locate and return missing Kuwaiti and third country nationals and missing Kuwaiti property. We hope the implementation of this resolution will support positive progress to resolve the fate of the missing. In doing so, we hope it will further build and deepen trust between Iraq and Kuwait. The United Kingdom stands ready to support these endeavours, including as a member of the Tripartite Commission. The UK thanks all Council members for their flexible and cooperative approach to negotiating this resolution. The unanimous adoption demonstrates our shared commitment to the humanitarian imperative of enabling families to know the fate of their loved ones following conflicts. We also thank the parties for their constructive engagement throughout the process, and we encourage continued constructive engagement in that same spirit with the senior representative once appointed. I thank you.

I thank the representative of the United Kingdom for the statement. I give the floor to the representative of France.

Thank you, Mr. President. Mr. President, I welcome here the presence of the representatives of Iraq and Kuwait. France would like to thank the United Kingdom for its sustained efforts, which led to a balanced text taking into account the positions of all Security Council members, as well as the expectations of Iraq and Kuwait. The unanimous adoption of this resolution that we... welcome warmly, is a testament to these efforts. The issue of missing Kuwaiti persons and property has been a major component of the work of UNAMI. It will continue to warrant the Council's attention even after the mission's closure, which is scheduled to take place by the end of 2025 under resolution 2732. It was therefore essential to ensure an orderly transition in close coordination between Iraq, Kuwait, and the United Nations. France today has voted in favor of this resolution, which provides for appropriate international follow-up on this matter, in line with the recommendations made by the Secretary-General in his report last June. France welcomes the establishment through this resolution of a post of a senior representative whose mandate will be dedicated to supporting and facilitating efforts to locate and repatriate missing persons, be they Kuwaiti nationals or third country nationals, as well as the return of Kuwaiti property, including national archives. Mr. President, as UNAMI approaches its closure, France wishes to commend the essential role played by the mission and its personnel in assisting Iraq in full respect of its sovereignty. France underscores the importance of maintaining close cooperation between Iraq and Kuwait, not only on the issue of missing persons and property, but also on all outstanding matters. We welcome the progress already made by Iraq and Kuwait in normalizing their relations, which reflects their desire to move beyond past disagreements. These developments contribute to strengthening trust and stability in the region. France encourages Iraq and Kuwait to continue with this positive momentum in a spirit of dialogue so as to achieve a definitive resolution to their dispute. Thank you.

I thank the representative of France for the statement. I give the floor to the representative of United States.

Thank you, Mr. President. I would also like to thank the United Kingdom, for leading negotiations on this text. We also congratulate Iraq and Kuwait for reaching an agreement on this follow-on mechanism. Colleagues, in 2024, the United States welcomed the unanimous adoption of Resolution 2732, which streamlined UNAMI's mandate and paved the way for its closure by the end of 2025. Resolution 2732 reflects that Iraq has changed dramatically in recent years, and UNAMI's mission needed to be realigned as part of our commitment to fostering a safe, strong, prosperous, and sovereign Iraq. Closing UNAMI is a step forward that makes clear no UN political mission is meant to be permanent. The United States continues to support specific international organizations and their activities that make America safer and more secure. We expect, however, that international organizations, including the UN, contain costs and share the funding burden more fairly among members. The new mechanism authorized today is streamlined and time-bound, in line with the political realities in the region and the Trump administration's approach to UN resourcing. We will continue to press for responsibility when it comes to length, cost, and clear end states for this and other UN missions. Through this resolution, the Council has expressed its intent to review the progress of this mission and the efforts of all parties. We expect all stakeholders to undertake serious and good faith efforts to make sufficient progress on outstanding issues so this new mechanism's work can be concluded as quickly as possible. and, ideally, considerably before the end of the mission's mandate in December 2030. We also expect the new senior representative to use their good offices to spur progress on both sides, strengthening trust and confidence and urging action toward clear benchmarks. We hope future reports to this Council will assess the mechanisms work and make clear what needs to be done to ensure further progress toward a complete resolution of outstanding missing persons and property issues. As this new senior representative prepares to start their mission, this Council and UN leadership must use our collective influence to keep its work focused on the UN's imperative to streamline operations and optimize resource allocations. Thank you, Mr. President.

I thank the representative of the United States for the statement. I now give the floor to the representative of Somalia.

Thank you, Mr. President. I have the honor to deliver this statement on behalf of A3+, namely Algeria, Guyana, Sierra Leone, and my own country, Somalia. I also want to welcome the participation of representatives from Iraq and Kuwait. Mr. President, A3+ welcomes the unanimous adoption of today's resolution on the repatriation and return of all Kuwaitis and third-country nationals or their remains, as well as the return of Kuwaiti properties, including the national archives. Today's adoption demonstrates the Council's steadfast commitment to resolving this important humanitarian file and ensuring that families know the fate and whereabouts of their loved ones, consistent with international humanitarian law and relevant resolutions on the protection of civilians in armed conflict. Mr. President, A3+ notes with appreciation the willingness to cooperate between Iraq and Kuwait and supported by the United Nations and the international community and the International Committee of the Red Cross, which has led to the progress in the recovery and identification of the remains and in their return to Kuwaiti properties. At the same time, however, further progress is still needed. The return of national archives and determination of the fate of persons still missing remain outstanding tasks. A3+ believes that these efforts must continue with serious determination so that families who have waited for decades may finally receive the closure and dignity they deserve. We therefore welcome the request made in today's resolution for the appointment of senior representative of the Secretary-General This mechanism is crucial for maintaining momentum, building confidence, and facilitating the resolution of all outstanding issues. A3+ believes that the mandate of the senior representative must be used actively to encourage cooperation, maintain political attention, and ensure that the search efforts are pursued with urgency. We encourage Iraq and Kuwait to continue their constructive engagement, guided by the principles of good neighborliness and peaceful resolution of the disputes and make full use of the good office of the senior representative. Bilateral dialogue remains central for achieving a lasting solution and building trust between the two countries. A3+ underscores the importance of intensified search efforts, evacuation of all sites of interest, excavation of all sites of interest and the use of advanced scientific technological tools to accelerate the results. We welcome the capacity building initiatives, including training, workshops and technical cooperations, and encourage Member States with relevant expertise to provide information, technical assistance and financial support to advance this process. Mr. President, A3+ reiterates its strong support to the commitment of reconciliation and constructive engagement by both Iraq and Kuwait. We encourage both parties to remain the spirit of cooperation that has characterized their work thus far and to take all steps necessary to bring this chapter of their shared history for a close. Thank you again.

I thank the representative of Somalia for the statement. I now give the floor to the representative of China.

China welcomes the unanimous adoption of the resolution 2792 by the Security Council and expresses its appreciation to the penholder, the UK, for its efforts. The issue of missing Kuwaiti persons and property is a legacy of the Gulf War. Over the years, Iraq and Kuwait have maintained active cooperation and worked together with the ICRC in establishing the Tripartite Commission to advance the search, which has yielded remarkable results. In 2013, the Council mandated UNAMI to provide support in this regard. With the mission scheduled withdrawal by the end of the year, it is shared expectation of all parties that efforts to settle the issue will continue. The Secretary General has also recommended options for follow-up mechanism. The adoption today of Resolution 2792 takes on board the Secretary-General's recommendations, fully considers the views of both Iraq and Kuwait, and makes arrangements to continue advancing the settlement of the issue. We expect both Iraq and Kuwait to maintain their momentum of engagement, guided by the principles of mutual respect and friendly consultation, so as to jointly promote an early and satisfactory settlement of the issue. Iraq and Kuwait are neighbors that cannot be moved away. Resolving the issue of missing Kuwaiti persons and property holds significant importance for both countries. As a good friend and partner of Iraq and Kuwait, China will continue to support these efforts and play a constructive role in promoting the sustained improvement of bilateral relations, strengthening regional solidarity and cooperation, and deepening good neighborliness. Thank you, President.

I thank the representative of China for the statement. I now give the floor to the representative of Panama.

Gracias.

Thank you, Mr. President. We thank and we underscore the work of the United Kingdom in the drafting and negotiations of this resolution, which presents a balanced text, which reflects a genuine commitment. Our vote is in line with our firm belief that the reestablishment of the memory and national identity represent essential pillars for building robust relations. Recovering the lost memory following cases of missing persons is an offense to the peace of their relatives and prevents the healing of their scars, as well as reconciliation between peoples. It is fundamental to provide all families with the possibility to close this painful chapter of their history as a necessary step towards reparation, reconciliation and the construction of a common future. In this context, we urge the parties to work together and to provide all necessary support to the new mandate so that it can achieve its aims. Thank you.

I thank the representative of Panama for the statement. I now give the floor to the representative of Iraq. Say the race.

Mr. President, allow me at the outset to thank you for this opportunity to participate in this session. We reiterate again our best wishes for success in your mission as you preside over the Council during the month of September. We reiterate my country's principled position, which is based on its humanitarian and objective vision towards the issue of missing persons. and that is based on the principles of Iraq's foreign policy, based on respect for international law and international humanitarian law, the fostering of the language of dialogue and bilateral and multilateral cooperation, as well as the promotion of regional and international security and stability. In this spirit, Iraq has shown unparalleled cooperation and a great deal of flexibility in the rounds of negotiations during all stages of discussion of the text, despite our great disappointment with the text and the short and rushed course of the relevant discussions. Nevertheless, Iraq remains keen on reaching a just, sustainable, and mutually satisfactory solution. We also reaffirm our principled and consistent position in terms of relentless efforts to search and find the missing persons or their remains. We look forward to the appropriate support from the United Nations and the international community towards that humanitarian mission. We believe that the good offices of the Secretary-General are sufficient mandate to facilitate bilateral cooperation by entrusting the appropriate department within the Secretariat to carry out this role without the need for a resolution by the Council. We stress our reservations regarding the five-year period stipulated in the resolution for the relevant mandate, and we have strong reservations regarding the possibility of renewing that mandate. Iraq is of the view that the period mentioned in the text is not commensurate with the extent of the considerable efforts made by all parties. Mr. President, we draw the Council's attention to the fact that the current wording of the text undermines the noble humanitarian objective of the draft resolution, as it violates the principle of balance and makes my country a party that is adversely affected. We also point to the repercussions of this politicization that might complicate the humanitarian file and the completing this file in the most ideal manner and most expedient manner. We also stress our rejecting of efforts that are not transparent and aimed at politicizing humanitarian issues, whereas the issue before the Council today does not constitute a threat to international peace and security, nor does it necessarily fall within the Council's competencies stipulated in the Charter. We stress our demands related to the implications of bias towards one party's narrative, as well as the adoption of a resolution of this type by the Council, which may open the way for complex dynamics for other similar situations in the future and could disrupt the work of the Council. Iraq would like to take this opportunity to highlight two important issues. First, the slow resolution of the missing persons file is not related to any deliberate negligence on the part of Iraq. We point out here to an important aspect, namely the insufficient international support by international partners. in addition to the fact that Kuwait failed to respond to the repeated demands by the tripartite commission to excavate potential sites on Kuwaiti territory in search for missing persons from both sides. Second, the slow pace of resolving the question of the Kuwaiti archives is due to Kuwait's failure to provide an accurate description of the missing documents, despite the fact that Iraq returned tons of Kuwaiti archives. Iraq stresses its sincere intentions to resolve this humanitarian file, just like other files. Iraq, for example, has completed the payment of the full amount of compensations and has shown dedication to the return of the remains of 294 missing Kuwaitis. Search is undergoing to this point, to this moment, to locate the remaining 308 missing persons or their remains. Iraq is one of the countries that has suffered the most in terms of the number of missing persons, especially due to wars and the remnants of terrorist organizations and the repercussions of their actions, such as ISIS, Al Qaeda, and their affiliated groups, which have committed the most heinous crimes against the Iraqi people, especially the Yazidis, the victims of Spiker, and others. Therefore, Iraq understands the bitterness of missing persons and will continue its sincere intentions to cooperate to end this humanitarian file. We also look up to the distinguished Council to urge Kuwait to cooperate in the search for the more than 1,000 missing Iraqis. and to urge other States to provide assistance in ascertaining the fate, finding, or returning the remains of the missing Iraqis. In conclusion, Iraq stresses the need to return to the proposal of the Secretary-General the proposal that the Secretary-General submitted to the two countries as a way out and an opportunity for cooperation in accordance with paragraph 51 of the 42nd report submitted pursuant to resolution 4 of the Security Council resolution 2107 of the year 2013, which stipulates that the two states may at any time, decide to establish a bilateral arrangement and inform the Security Council thereof. Thank you, Mr. President.

I thank the representative of Iraq for the statement. I now give the floor to the representative of Kuwait.

In the name of God, the merciful, the compassionate, Mr. President, Your Excellencies, members of the Council, it is an honor to speak to you today. at a meeting in which your august council adopted a decisive resolution that shapes the future mechanism to follow on the file of Kuwaiti prisoners, missing Kuwaiti and third-party nationals, and Kuwaiti property, including the national archives, after the termination of UNAMI's mandate at the end of this year. Mr. President, the state of Kuwait expresses its sincere gratitude and appreciation to all member states for their constructive contributions in formulating this draft. We thank the United Kingdom, the pen holder on the situation between Iraq and Kuwait, for its tireless efforts, for its exceptional leading role in facilitating consultations and reaching consensus. This sincere cooperation reflects the spirit of international partnership that we cherish. Mr. President, The resolution that was adopted today by your august Council complements a series, a long series of Security Council resolutions adopted since the 90s of last century, starting with resolution 686 and 687 of 1991. And resolution 686, which laid the legal foundation to compel Iraq to ascertain the fate of prisoners, missing persons, and returning Kuwaiti property to resolutions 806 and 833 of 1993 that confirmed Kuwaiti rights and confirmed the commitments by Iraq. resolution 1284 that established the position of high-level coordinator. Experience has shown that it is important to have a mechanism solely dedicated to this file. Resolution 2107 was then adopted to transfer these tasks to UNAMI under a purely humanitarian umbrella. Resolution 2732 then confirmed the need for the UN to continue to consider this file following the end of UNAMI's mandate. Today, the new resolution constitutes a significant step in this path to close these humanitarian and national files in a complete and just way. Mr. President, the State of Kuwait confirms and stresses that this resolution only aims to close the outstanding humanitarian and national files in a just way through appointing a senior representative solely focusing on following on these files, submitting periodic reports to the Security Council that would allow for an objective assessment that would ensure that momentum is maintained and that would guarantee international oversight. The existence of this mechanism enhances transparency and ensures the credibility of the efforts made and prevents any regression or slowing down that would perpetuate the suffering of families that have been waiting for decades to know the fate of their loved ones. Mr. President, closing this file not only achieves justice. It also contributes to enhancing regional stability. Any file that is closed is an additional step towards building trust, and any step towards building trust is a cornerstone to achieve international peace and security, which is the core of the mandate of your August Council. History has shown that effective cooperation with the United Nations through the Security Council has been an essential factor in achieving tangible results between the state of Kuwait and the Republic of Iraq. That includes closing various files and the latest breakthrough, namely the closing of the file of compensations. Today, we believe that continuing this path would require sincere and serious efforts by all parties, most notably by our brethren in Iraq, to turn words into action and to allow for fully closing these files. That would be the culmination of a bright chapter of cooperation between our two brotherly countries. Mr. President, the State of Kuwait believes that its bilateral relations with the Republic of Iraq not only positively affect both peoples, It also has, or these bilateral relations have a wider impact on the region as a whole. The success of Iraq to close these humanitarian files and continue its cooperation with the state of Kuwait would directly contribute to creating a more open regional environment in the Gulf. It would enhance the opportunities for Iraq to be naturally integrated in regional cooperation institutions. Against this background, Kuwait believes that consolidating the pillars of commitment and trust between our two brotherly countries is fundamental to expand the horizons of cooperation between Iraq and GCC countries. This would enhance stability in the region and would serve the interests of the whole region. Mr. President, the State of Kuwait reiterates once again that it has stood by Iraq, and it will continue to stand by Iraq. We will continue to extend a helping hand. We will continue to provide support to Iraq for it to fulfill the international requirements and commitments before the Council, including the file of prisoners, missing persons, and Kuwaiti property, including the national archives. We are committed to allow Iraq to overcome all challenges, as we believe, firmly believe, that the success of is a success of Kuwait and is a success for the region as a whole. However, the sustainability of this success remains contingent upon seriously committing to implementing relevant international resolutions and turning those resolutions into tangible, practical results that would allow for closing these humanitarian files. The State of Kuwait over history has proven that it does not seek confrontation or escalation. It seeks justice and peace. We stress that international transparency is the guarantee to achieve just and durable results. In conclusion, Mr. President, we reiterate our appreciation to all regional and international parties that contributed to this path. From this rostrum, we reiterate that the State of Kuwait will remain a committed partner. Our overarching goal is to achieve justice for the families of the victims, to recover the national archives, to close these files, to do justice to the victims. That would be another success story of international cooperation under the umbrella of the Security Council. I thank you, Mr. President.

I thank the representative of Kuwait for the statement. There are no more names inscribed on the list of speakers. The meeting is adjourned.