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Only Security Council can assess acts in Iraq 'no-fly zones,' Annan tells Baghdad
22 February – Responding to calls from Baghdad for a condemnation of recent air actions in Iraq, Secretary-General Kofi Annan has emphasized that only the Security Council can determine the legality of actions in the "no-fly zones" declared over parts of the country.

The Secretary-General's position was voiced in a letter sent yesterday to the Foreign Minister of Iraq, who earlier this week wrote to Mr. Annan calling for condemnation of last Friday's "act of aggression" by the United States and the United Kingdom.

Mr. Annan's reply pointed out that only the Security Council can interpret its resolutions. "Consequently, only the Council itself is competent to determine whether or not its resolutions are of such a nature and effect as to provide a lawful basis for the 'no-fly zones' and for the actions that have been taken for their enforcement."

The letter noted that the "no-fly zones" were declared by "certain Members" of the Security Council claiming authority under the Council's resolutions.

Baghdad maintains that actions by the United States and the United Kingdom constituted a violation of the demilitarized zone between Iraq and Kuwait, and should be prevented by the UN peacekeeping mission in the area, which is known by the acronym UNIKOM. Responding to this position, the Secretary-General pointed out that since 1999, UNIKOM has recorded over 200 aerial violations of the demilitarized zone, although in most of those cases it was not possible to identify the aircraft involved or determine its nationality.

Mr. Annan emphasized that UNIKOM's inability to identify the States that are responsible for conducting such flights does not mean that the UN condoned them. "I would note in this regard that, in view of the fact that the United States of America and the United Kingdom have been conducting military air operations in the region, the United Nations has intervened with representatives of those States urging them to respect the demilitarized zone," he wrote.

The Iraqi Foreign Minister, along with a delegation from Baghdad, are due to arrive at UN Headquarters in New York next week for high-level talks aimed at breaking the current impasse. Commenting on the programme of the talks, a spokesman for Mr. Annan said today that "we have presented a format to the Iraqis and we are waiting for their reaction."