Military occupation and the rule of law: The legal obligations of occupying forces in Iraq

Authors

Ben Clarke, University of Notre Dame AustraliaFollow

Publication Details

Clarke, B. (2005). Military occupation and the rule of law: The legal obligations of occupying forces in Iraq. eLaw Journal, 12 (1 and 2).

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.

Keywords

Peer-reviewed, International law, treaties of occupation, Invasion of Iraq, Occupation of Iraq