UNDERSTANDINGS RELATING TO CEASE-FIRE AND UN OBSERVERS

C O N F I D E N T I A L STATE 274007 GENEVA FO DCM MARSH; HELSINKI FOR IO DAS SHAW SMITH FOLLOWING REPEAT SENT ACTION SECSTATE INFO USUN NEW YORK SECDEF WASHDC DIA WASHDC USCINCCENT MACDILL AFB FL AUGUST 17 QUOTE C O N F I D E N T I A L BAGHDAD 04483 E.O. 12356: DECL:OADR TAGS: PREL MOPS UNSC IZ IR SUBJECT: UNDERSTANDINGS RELATING TO CEASE-FIRE AND UN OBSERVERS ¶1. CONFIDENTIAL ENTIRE TEXT. ¶2. DURING AUGUST 17 MEETING (SEPTEL),UNDER SECRETARY ZAHAWI AND INTERNATIONAL-LAW EXPERT QAYSI HANDED TO AMBASSADOR AS HDAS N DRCSMENTS. INCLUDED WERE TWO UNDATED "ANNEXES," ONE ENTITLED, "UNDERSTANDINGS RELATING TO THE CEASE-FIRE," AND THE OTHER, "ARRANGE- MENTS PERTAINING TO THE ESTABLISHMENT AND DEPLOYMENT OF UNITED NATIONS OBSERVERS." THESE ANNEXES BEGIN AT A PAGE NUMBERED TEN, SUGGESTING THAT THEY FOLLOWED A DECLARATION OR AGREEMENT. WE GUESS THAT THEY WERE PART OF THE SECURITY COUNCIL'S AUGUST 8 DECLARATION OF CEASE-FIRE. ¶3. FOLLOWING IS VERBATIM TEXT OF THE TWO ANNEXES: ANNEX I UNDERSTANDINGS RELATING TO THE CEASE-FIRE ¶1. IRAN AND IRAQ HAVE AGREED TO ISSUE THE NECESSARY ORDERS OF ALL FORCES UNDER THEIR COMMAMNND CONL SCRUPULOUSLY TO OBSERVE THE CEASE-FIRE AND TO DIS- CONTINUE ALL MILITARY ACTIONS ON LAND, AT SEA AND IN THE AIR ON 20 AUGUST 1988 STARTING AT 0300 HOURS GMT. IN THIS CONNECTION, THEY HAVE UNDERTAKEN TO ENSURE THAT SUCH ORDERS ARE ISSUED IN TIME TO REACH ALL CONCERNED BY THE TIME THE CEASE-FIRE COMES INTO FORCE. ¶2. TO ENSURE THAT THE CEASE-FIRE HOLDS, IRAN AND IRAQ HAVE AGREED THAT: ¶A. ON LAND: - UNITED NATIONS OBSERVERS, TOGETHER WITH THE PARTIES, WILL ESTABLISH AGREED CEASE-FIRE LINES ON THE BASIS OF FORWARD DEFENDED LOCALITIES HELD BY THE TWO SIDES D-DAY. (THESE POSITIONS MAY BE ADJUSTED AS MAY BE AGREED, WHEN THE POSITIONS OF THE TWO SIDES ARE JUDGED TO BE DANGEROUSLY CLOSE TO EACH OTHER.) - THE FOLLOWING WILL BE PROHIBITED: - FIRING ACROSS THE CEASE-FIRE LINES; - NEW WIRING AND MINING OF ANY POSITION; - REINFORCING EXISTING FORWARD DEFENDED LOCALITIES WITH MEN OR WARLIKE STORES AND EQUIPMENT; - REDEPLOYMENT OF TROOPS TO OTHER AND MORE ADVANTAGEOUS GROUND; - FORWARD MOVEMENT OF A BODY OF TROOPS, WARLIKE STORES AND EQUIPMENT, EXCEPT FOR RELIEF AND MAINTENANCE ¶B. IN THE AIR: - NO AIRCRAFT OF EITHER SIDE WILL FLY CLOSER TO THE CEASE-FIRE LINE THAN A DISTANCE TO BE AGREED UPON, ;WITH A FEW EXCEPTIONS THAT MAY BE AGREED UPON ON AN AD HOC BASIS. - IN ADDITION, NO ARMED OR RECONNAISSANCE AIRCRAFT OF EITHER SIDE WILL BE PERMITTED CLOSER THAN 25 KM TO THE INTERNATIONAL BORDER. ¶C. AT SEA: - EACH PARTY SHALL RESPECT THE PRINCIPLE OF FREEDOM OF NAVIGATION IN ACCORDANCE WITH INTERNATIONAL LAW; - ACCESS TO THE AIR-SPACE OUTSIDE THE LIMITS OF THE TERRITORIAL WATERS OF THE PARTIES SHALL BE LIMITED TO UNARMED AIRCRAFT, CIVILIAN HELICOPTERS AND TRANS- PORT PLANES INVOLVED IN CIVILIAN ACTIVITIES OF THE AREA; - IN ORDER TO AVOID INCIDENTS NEAR TO THE MOUTH OF THE SHATT-AL-ARAB, A UNITED NATIONS NAVAL PRESENCE WILL BE ESTABLISHED, IN AN AREA TO BE DEFINED, TO OBSERVE AND MONITOR THE ACTIVITIES OF THE PARTIES. ¶3. IN ADDITION TO THE ABOVE, THE PARTIES HAVE AGREED TO EXAMINE IN GOOD FAITH THE FOLLOWING FURTHER ARRANGE- MENTS WOCH WOULD COME INTO EFFECT FOLLOWING WITHDRAWAL OF FORCES TO THE INTERNATIONAL BORDER: - NEITHER PARTY WOULD DEPLOY ITS MILITARY FORCES CLOSER TO THE BORDER THAN A DISTANCE TO BE AGREED UPON; - EACH SIDE WOULD AGREE, ON A RECIPROCAL BASIS, TO OBSERVE CERTAIN LIMITATIONS ON THE NUMBER AND CALIBER OF WEAPONS (ARTILLERY, MORTARS, TANKS AND ARMOURED VEHICLES) WHICTITXDED BY AN OFFICER IN THE RANK OF A MAJOR-GENERAL AND WILL BE ORGANIZED INTO A HEADQUARTERS OF ABOUT...OFFICERS ANDHTWO AYAKPVSOHF, EACH OF WHICH WILL BE ATTACHED TO THE ARMIES OF IRAN AND IRAQ IN THE FIELD. EACH DETACHMENT, TO BE HEADED BY AN OFFICER IN THE RANK OF BRIGADIER, WILL CONSIST OF A HEADQUARTERS AND SMALL INTERNATIONAL TEAMS TO SUPERVISE THE WITHDRAWAL, MONITOR THE CEASE- FIRE, INVESTIGATE ON THE GROUND COMPLAINTS REGARDING VIOLATIONS OF THE CEASE-FIRE AND RESTORE THE CEASE- FIRE IN CASE OF BREACHES. ¶4. GIVEN THE GREAT LENGTH OF THE LINE OF CONFONTA- TION AND IN ORDER TO FULFILL THE TASKS ASSIGNED TO THEM, UNITED NATIONS MILITARY PERSONNEL SHALL BE DEPLOYED IN GROUPS WHICH SHALL BE CO-LOCATDD WITH THE FORMATION HEADQUARTERS SUCH AS DIVISIONAL HEAD- QUARTERS OF THE ARMIES OF IRAN AND IRAQ IN THE FIELD. OBSERVERS SHALL BE SENT OUT FROM THESE GROUPS TO INVESTIGATE INCIDENTS, AS CIRCUMSTANCES MAY DEMAND. ¶5. TO FACILITATE THE EXECUTION OF THE TASKS OF THE UNITED NATIONS OBSERVER GROUP, IRAN AND IRAQ HAVE UNDERTAKEN TO ENSURE THE FOLLOWING: - FULL SUPPORT AND COOPERATION TO THE UNITED NATIONS OBSERVER GROUP AND THE SUPPORTING PERSONNEL; - PROMPT AND EFFECTIVE ASSISTANCE, INCLUDING FREEDOM OF MOVEMENT AND COMMUNICATIONS, ACCOMMODATIN, TRANSPORTATION, AND OTHER FACILITIES THAT MAY BE NECESSARY FOR THE PERFORMANCE OF THE OBSERVERS' TASKS. (THE DETAILS OF THE REQUIREMENTS WILL BE DISCUSSED BETWEEN THE CHIEF MILITARY OBSERVER AND THE APPROPRIATE AUTHORITIES OF IRAN AND IRAQ.) - RELEVANT PRIVILEGES AND IMMUNITIES PROVIDED FOR BY THE CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS. - THE SAFETY OF THE UNITED NATIONS OBSERVER GROUP AND ALL PERSONNEL ASSIGNED IN SUPPORT OF THE GROUP, WHILE OPERATING IN THEIR RESPECTIVE COUNTRIES. ¶6. ADDITIONALLY, IRAN AND IRAQ HAVE AGREED TO: - PERMIT THE UNITED NATIONS OBSERVERS AND THE SUPPORTING STAFF TO BE ESTABLISHED IN THE AREA, NO LATER THAN TEN DAYS BEFORE D-DAY; - PROVIDE THE CHIEF MILITARY OBSERVER AND THE TWO DETACHMENT COMMANDERS WITH ALL RELEVANT INFORMATION REGARDING THE DEPLOYMENT OF THEIR FORCES IN THE FIELD, IN ORDER TO ASSIST THEM IN DETERMINING THE DEPLOYMENT OF THEIR PERSONNEL; AND - FACILITATE THE COMPLETION OF THE DEPLOYMENT OF THE MILITARY OBSERVERS AND THE SUPPORTING PERSONNEL WITH THEIR FORCES IN THE FIELD NO LATER THAN 24 HOURS PRIOR TO D-DAY. END TEXT. GLASPIE UNQUOTE WHITEHEAD