Document Type
Article
Publication Date
2005
Abstract
The invasion and occupation of Iraq has attracted significant juridical interest. A year after Coalition forces invaded Iraq, debate over the legality of that use of force shows no sign of abating.[1] By contrast, the question of the legality of the occupation is less contentious. While the first few months of Coalition occupation were not sanctioned by the international community, the occupation was officially endorsed on 23rd May 2003 when the Security Council passed Resolution 1483.[2] By this time, coalition forces faced intense scrutiny over their obligations as occupying powers. This paper provides a contemporary analysis of the powers and duties of occupiers under international law. The nature and scope of these norms of occupation are assessed by reference to relevant sources of international law including (i) the classic treaties on occupation, (ii) customary law, (iii) applicable UN resolutions and (iv) relevant domestic law.
Recommended Citation
Clarke, B. (2005). Military occupation and the rule of law: The legal obligations of occupying forces in Iraq. eLaw Journal, 12(1&2).
University of Notre Dame Australia Copyright Statement
Comments
This article may be accessed from the publisher here
The eLaw Journal may be accessed from the National Library of Australia here
This article may be accessed from the Australasian Legal Information Institute (AustLII) here