D. Hussein Mohammed Tamim
Iraq has struggled to emerge from Chapter VII, however, that some outstanding issues with Kuwait (the file of compensation - the missing file - File borders - File National Archives) is still a barrier to achieving this goal, As part of the Iraqi government's efforts to end these files with Kuwait could Mark the following:
1. There is a genuine desire of Iraq to resolve all the files with Kuwait and according to the constitution, which refers in Article (eighth) than that (Iraq shall the principles of good neighborliness, adhere to non-interference in the internal affairs of other States and seeks to resolve disputes by peaceful means, establish relations on the basis of mutual interests and reciprocity and respect its international obligations).
2. Directed the Iraqi government to set up specialized committees of the highest levels and ministries (Foreign Affairs - Defence - internal - Transport - Oil - Water Resources and other relevant government agencies) to discuss with the Kuwaiti side on the nature of the outstanding issues and appropriate solutions.
3. Was unable to Iraq to take advantage of the security agreement with the United States to resolve outstanding issues with Kuwait and thus exit from Chapter VII, although the article (25) of the Convention pointed to the possibility of the United States, after the signing of the Convention, the procedures to terminate the mandate of Chapter VII to Iraq as well as Article (26) which indicated that the United States to support Iraq to reach a final decision on the claims that Iraq inherited from the previous dictatorial regime has not been decided yet, including claims for compensation imposed on Iraq by the UN Security Council.
4. The Iraqi Foreign Ministry demanding action to find a formula that allows for Iraq and Kuwait to transfer these files to the formats to negotiate bilateral, through the possibility of a request to the Security Council in this regard and put the pending issues and commitments made by Iraq to Kuwait during the previous period, in addition to the possibility to turn Iraq into the adoption of method the diplomatic and legal under international law to resolve these problems Aotsoetha Article (33) of the UN Charter, for example, sets the legal basis and mechanisms of settlement of international disputes and the possibility of resorting to one of the means of peaceful settlement, to be left to the states concerned to choose the right solution, whether a political settlement ( diplomacy), starting with the negotiations, good offices and mediation, or to be a settlement through regional organizations, or resorting to the provisions of Article (14) of the UN Charter included the matter to the General Assembly of the United Nations and it may recommend measures for the settlement of any situation peacefully.
5. The visit of (Prime Minister) to Kuwait can contribute to solving these files, especially since the Kuwaiti government expressed interest in cooperation and dialogue with Iraq to solve problems, in addition to Iraq's fulfillment of a number of commitments related to these files.
6. With the Arab summit in Baghdad, we find the possibility to invest the event to achieve the highest gains for Iraqi politics regionally and internationally, and therefore the Iraqi government that could include the subject of the outstanding issues with Kuwait and the support to remove Iraq from Chapter VII on the agenda of the summit for Arab support on the one hand and the pressure of the hand seconds to move the theme files with Kuwait to the formulas of bilateral relations instead of the Security Council to be able to get out of Iraq from Chapter VII and obligations associated with it.
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