Security Council Resolution 687, adopted at the end of the Gulf War, includes a provision declaring a formal cease-fire between Iraq, Kuwait and the member states (such as the United States) cooperating with Kuwait in accordance with Resolution 678 (1990). Resolution 678 authorized member states to use all necessary means to restore international peace and security in the area, and thus provided the basis under international law for the allies? military action in the Gulf War. The determination in Resolution 1441 that Iraq is already in material breach of its obligations under Resolution 687 provides a basis for the decision in paragraph 4 (above) of Resolution 1441 that any further lack of cooperation by Iraq will be a further material breach. If Iraq, having confirmed its intention to comply with Resolution 1441, then fails to cooperate fully with the inspectors, it would open the way to an argument by any specially affected state that it could suspend the operation of the cease-fire provision in Resolution 687 and rely again on Resolution 678. It might also invite an argument that any party to the U.N. Charter could suspend the operation of the cease-fire provision because the material breach would pose a threat to international peace and security and would therefore radically change the position of all U.N. member states under Resolution 687. The argument would point out that the breach would relate to weapons or materials capable of mass destruction that, if put to use, could have an impact not just on regional security, but on worldwide security.
Link below to the full text .
http://www.asil.org/insights/insigh92.htm
Link below to the full text .
http://www.asil.org/insights/insigh92.htm
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