 | Post-invasion Iraq 2003–2005: Encyclopedia II - Post-invasion Iraq 2003–2005 - Legal status of the coalition presence
Post-invasion Iraq 2003–2005 - Legal status of the coalition presence
The multinational forces still exercise considerable power in the country and, with the New Iraqi Army, conduct military operations against the Iraqi insurgency. The role of Iraqi government forces in providing security is increasing.
According to Article 42 of the Hague Convention, "[t]erritory is considered occupied when it is actually placed under the authority of the hostile army." [2] The International Humanitarian Law Research Initiative states: "the wording of Security Council resolution 1546 . . . indicates that, regardless of how the situation is characterized, international humanitarian law will apply to it." [3]
There may be situations... where the former occupier will maintain a military presence in the country, with the agreement of the legitimate government under a security arrangement (e.g., U.S. military presence in Japan and Germany). The legality of such agreement and the legitimacy of the national authorities signing it are subject to international recognition, whereby members of the international community re-establish diplomatic and political relations with the national government. In this context, it is in the interest of all the parties involved to maintain a clear regime of occupation until the conditions for stability and peace are created allowing the re-establishment of a legitimate national government. A post-occupation military presence can only be construed in the context of a viable, stable and peaceful situation. [4]
The United Nations Security Council Resolution 1546 in 2004 recognized the end of the occupation and the assumption of full responsibility and authority by a fully sovereign and independent Interim Government of Iraq. [5] Afterwards, the UN and individual nations established diplomatic relations with the Interim Government and began planning for elections and the writing of a new constitution.
Despite the continuing insurgency, conditions were stable enough to conduct elections. John Negroponte, U.S. ambassador to Baghdad, has indicated that the United States government would comply with a United Nations resolution declaring that coalition forces would have to leave if requested by the Iraqi government. "If that's the wish of the government of Iraq, we will comply with those wishes. But no, we haven't been approached on this issue — although obviously we stand prepared to engage the future government on any issue concerning our presence here." [6]
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 Adapted from the Wikipedia article "Legal status of the coalition presence", under the G.N U Free Docmentation License. Please also see http://en.wikipedia.org/wiki |
