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Context of 'Early November 2003: Bush Administration Devises Alternative Plan to Implement Market Reforms in Iraq'

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Article 43 of the 1907 Hague IV convention on “Laws and Customs of War on Land” states that “[t]he authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.” Article 55 states, “The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.” Most legal experts interpret these provisions to mean that an occupying military power cannot change the laws of a country it occupies. [Hague Convention IV, 10/18/1907; Whyte, 3/2007, pp. 181]

Timeline Tags: Iraq under US Occupation

British Attorney General Lord Goldsmith warns Prime Minister Tony Blair in a memo that any measures taken in Iraq by the occupying powers not related to the issue of security would be unlawful without an additional security council resolution. “My view is that a further security council resolution is needed to authorize imposing reform and restructuring of Iraq and its government,” Lord Goldsmith writes. “The government has concluded that the removal of the current Iraqi regime from power is necessary to secure disarmament, but the longer the occupation of Iraq continues, and the more the tasks undertaken by an interim administration depart from the main objective, the more difficult it will be to justify the lawfulness of the occupation.” He says that attempts to implement “wide-ranging reforms of governmental and administrative structures,” change the status of public officials or judges except in exceptional cases, or “the imposition of major structural economic reforms would not be authorized by international law.” Goldsmith also expressed this opinion orally during a cabinet meeting. [Guardian, 5/22/2003] The basis for Goldsmith’s position is likely the Hague regulations of 1907 (see October 18, 1907), which requires that an occupying power respect the laws of the country it occupies. [New York Times, 1/10/2004; FPIF Policy Report, 7/2004]

Entity Tags: Tony Blair, Peter Henry Goldsmith

Timeline Tags: Iraq under US Occupation

The US and Britain submit a proposed resolution to the UN Security Council that would declare the two countries to be “occupying powers” in Iraq. Under international law, occupying powers must meet certain legal obligations. The proposed resolution would also give the US and Britain full control of Iraq’s oil revenues. [Guardian, 5/10/2003] The resolution will be approved in its final form on May 22 (see May 22, 2003).

Entity Tags: United Nations Security Council

Timeline Tags: Iraq under US Occupation

The UN Security Council unanimously passes Resolution 1483, which lifts sanctions on Iraq, legitimizes the occupation by coalition forces, and gives the occupying powers control over Iraq’s natural resources. The resolution also states that coalition authorities must “comply fully with their obligations under international law including in particular the Geneva Conventions of 1949 and the Hague Regulations of 1907.” The Hague Regulations require that occupying powers respect the laws of the country it occupies. Additionally, the resolution creates the Development Fund for Iraq (DFI), which is to be funded with Iraqi oil revenues, frozen Iraqi assets being held outside the US, and $8.1 billion in funds transferred from the UN-administered Oil-for-Food program. The resolution mandates that Iraq’s DFI funds be “in a transparent manner to meet the humanitarian needs of the Iraqi people… and for other purposes benefiting the people of Iraq.” It requires that management of the funds “be audited by independent public accountants approved by the International Advisory and Monitoring Board of the Development Fund for Iraq.” [UN Security Council, 5/22/2003, pp. 4 pdf file; Guardian, 5/23/2003]

Entity Tags: Development Fund for Iraq, United Nations Security Council

Timeline Tags: Iraq under US Occupation

Administrator for Iraq Paul Bremer issues Regulation Number 2, which governs how the Coalition Provisional Authority (CPA) will manage the Development Fund for Iraq. The regulation states that the funds will be “managed in a transparent manner for and on behalf of the Iraqi people, consistent with [UN Security Council] Resolution 1483 (see May 22, 2003), and that all disbursements from the Fund are for purposes benefiting the people of Iraq.” It also says that the CPA will “obtain the services of an independent, certified public accounting firm” to audit the fund’s management. [Coalition Provisional Authority, 6/10/2003 pdf file]

Entity Tags: L. Paul Bremer, Coalition Provisional Authority

Timeline Tags: Iraq under US Occupation

San Diego Business Address of North Star Consultants, Inc.San Diego Business Address of North Star Consultants, Inc. [Source: NBC News]North Star Consultants, Inc. wins a $1.4 million contract to review the Coalition Provisional Authority’s internal controls for managing Iraq’s funds and provide the CPA with a written evaluation. The small firm is not a certified public accounting firm as is required by both UN Security Council Resolution 1483 (see May 22, 2003) and the CPA’s Regulation Number 2 (see June 10, 2003). [US Congress, 2/6/2007 pdf file] The firm is so small that it operates out of a private home near San Diego. [MSNBC, 2/17/2005] A 2004 audit performed by the Special Inspector General for Iraq Reconstruction will find that “North Star Consultants did not perform a review of internal controls as required by the contract. Consequently, internal controls over DFI disbursements were not evaluated. In addition, the Comptroller verbally modified the contract and employed the contractor to primarily perform accounting tasks in the Comptroller’s officer.” [Special Inspector General for Iraq Reconstruction, 7/28/2006, pp. 7 pdf file] A single Northstar employee will reportedly use spreadsheets, not accounting software, to track the $20 billion that the CPA will spend on Iraq’s behalf between April 2003 and June 28, 2004. Of that amount, $12 billion is in cash (see June 25, 2004). [MSNBC, 2/17/2005]

Entity Tags: North Star Consultants, Coalition Provisional Authority

Timeline Tags: Iraq under US Occupation

Paul Bremer meets with President Bush in Washington for a private meeting. The Coalition Provision Authority’s effort to implement a number of structural changes to Iraq’s economy is failing, and Washington needs to rethink its strategy. Members of the US-backed Iraqi interim government oppose the changes, and corporate attorneys are advising their clients that Bremer’s orders opening up Iraq to foreign investment could be challenged by a future Iraqi government on the basis that the orders violated UN Resolution 1483 (see May 22, 2003). That resolution stated that the US and Britain were bound to the Hague Regulations of 1907, which bars occupying powers from changing the laws of the occupied country (see October 18, 1907). If corporations purchase Iraqi state assets, and a future elected government declares Bremer’s orders illegal, the companies could lose their investments, the lawyers warn. The risk is so great that not a single insurance company is willing to insure its corporate clients for the “political risk” of losing their investment to expropriation. Bremer returns to Iraq from Washington with a Plan B. On June 30, the Coalition Provisional Authority will be dissolved and the sovereignty of Iraq will be turned over to a US-backed transitional government. That government will be bound by an “interim constitution” (see March 8, 2004), which will contain a clause barring the transitional government from modifying any of Bremer’s laws. [Harper's, 9/24/2004]

Entity Tags: L. Paul Bremer, George W. Bush

Timeline Tags: Iraq under US Occupation

The US-appointed Iraqi Interim Governing Council signs the Transitional Administrative Law (TAL), providing a timetable for the establishment of a representative government in Iraq. The TAL will serve as the country’s constitution during the transitional period, set to begin on June 30, 2004. On that date, the CPA will be dissolved and power will be transferred to a transitional government (This will actually happen on June 28; see June 28, 2004), which will rule Iraq until an elected government has been established. According to the TAL, the National Assembly will be elected in January 31, 2005 and charged with the task of writing a constitution that will be subjected to popular referendum no later than October 15, 2005. Finally, an elected government must be established no later than December 31, 2005. The TAL also includes provisions that place certain restrictions on the transitional government, such as one stating that all “laws, regulations, orders, and directives issued by the Coalition Provisional Authority” will remain in force during this period. [Iraq Transitional Administrative Law, 3/8/2004; CNN, 6/28/2004]

Entity Tags: Iraqi Governing Council

Timeline Tags: Iraq under US Occupation

An official with the Coalition Provisional Authority reports that the “CPA did not obtain the services of a certified public accounting firm as it was determined that these services were not those required.” UN Security Council Resolution 1483 (see May 22, 2003) required that the management of Iraq’s funds be “audited by independent public accountants approved by the International Advisory and Monitoring Board of the Development Fund for Iraq.” Similarly, the CPA’s Regulation Number 2 (see June 10, 2003) stated that it had to “obtain the services of an independent, certified public accounting firm.” Instead, the CPA hired North Star Consultants, Inc. (see October 2003), an obscure consulting firm, “to promote the effective administration of DFI Funds in a transparent manner for the benefit of the Iraqi people.” [US Congress, 2/6/2007 pdf file]

Entity Tags: Coalition Provisional Authority, North Star Consultants

Timeline Tags: Iraq under US Occupation

Ayatollah Sistani warns in a letter to the United Nations that the Security Council’s forthcoming resolution (see June 8, 2004) on the transfer of sovereignty to Iraq must not contain any references to the interim constitution known as the Transitional Administrative Law (see March 8, 2004) because that document “runs counter to the will of the Iraqi people.” Sistani writes: “This law, which has been written by an unelected council under the occupation and its direct influence, restricts the national [body] due to be elected at the beginning of the new year to draft Iraq’s permanent constitution. This runs against law and is rejected by the majority of the Iraqi people.” [Associated Press, 6/9/2004]

Entity Tags: Sayyid Ali Husaini al-Sistani

Timeline Tags: Iraq under US Occupation

The United Nations Security Council unanimously passes Resolution 1546, formally transferring control of Iraq’s political and economic affairs to an interim government. While the resolution states that Iraq’s government has “full sovereignty,” the Iraqis will not have authority over the activities of the 160,000-strong US-led multinational force. Rather the resolution only states that the coalition forces have the right to “take all necessary measures to contribute to the maintenance of security and stability in Iraq,” albeit in a “security partnership” with the government. If the Iraqi government objects to a military operation in the country, its only option is to veto the participation of Iraqi personnel. This means, for example, that US and British forces retain the right to detain Iraqis, search homes, and respond to perceived threats employing whatever force they deem necessary, without approval from Iraq’s government. The French and Germans had proposed a provision that would have given the Iraqi government veto power over any military operations it objects to, but the US would not agree to it. The resolution does allow the Iraqi government to order the withdrawal of all international troops, however as observers have noted, given the current security situation, that is an unlikely scenario. [United Nations, 6/8/2004; New York Times, 6/9/2004] In spite of Kurdish demands, the resolution makes no references to Iraq’s interim constitution (see March 8, 2004), which Ayatollah Sistani has said is “counter to the will of the Iraqi people” (see June 8, 2004). The Kurds wanted the UN to affirm the validity of the interim constitution because it includes a clause that would give the Kurdish minority more leverage in crafting the country’s permanent constitution. Another provision in the constitution asserts that the interim government is bound by the laws passed under the authority of the Coalition Provisional Authority. However many Iraqis oppose the laws that were passed by the CPA because those laws made drastic changes to Iraq’s economic policy, opening it up to unrestricted foreign investment. The absence of any reference to the interim constitution in the resolution undermines the validity of the constitution and Bremer’s laws, according to some experts and officials. [New York Times, 6/9/2004] Main points of the resolution include:
bullet A national conference of political, religious, and tribal representatives shall convene in July to choose consultative counsels that will advise the interim government.
bullet Elections will be held for a transitional national assembly no later than January 31, 2005. The assembly will form a transitional government, which will draft a permanent constitution. Iraqis will then have elections for a full-term government no later than December 31, 2005.
bullet The multinational force in Iraq will help the Iraqi government recruit, train, and equip Iraqi security forces.
bullet The Iraqi government has sole authority for the disbursement of oil and gas revenues.
bullet The interim government must refrain “from taking any actions affecting Iraq’s destiny.”
bullet The UN mandate for the multinational force will expire after elections are held under a new constitution; however the council “will terminate this mandate earlier if requested by the government of Iraq.”
The resolution is the product of two weeks of negotiation, undergoing five revisions. The original draft was submitted on May 24. [Associated Press, 6/8/2003] On at least one occasion during this process, the Iraqi Governing Council had complained that its views were not being adequately represented in the Security Council. In one statement, the governing council said they wanted to discuss full Iraqi control of “the activities of the Iraqi armed forces and security forces.” The council also objected to any moves to grant foreign soldiers immunity from prosecution under Iraqi law. [Associated Press, 5/25/2003] Though the resolution’s final context contains no such provision, Paul Bremer will sign an extension (see June 27, 2004) to Order 17, which granted US personnel and contractors immunity from prosecution by the Iraq government.

Entity Tags: Germany, United Nations Security Council, Iraqi Governing Council, United States, France

Timeline Tags: Iraq under US Occupation

The Coalition Provisional Authority (CPA) formally hands over Iraqi sovereignty to an interim government headed by Prime Minister Iyad Allawi. CPA administrator Paul Bremer, reading from a letter contained in the transfer document, says that with the transfer of power, the “Iraqi interim government will assume and exercise full sovereign authority on behalf of the Iraqi people.” [CNN, 6/28/2004] The transfer is done quickly and in private, with virtually no media presence. Bremer leaves the country after telling reporters he will fly out on one plane, then secretly boarding a second plane. Diplomat Peter Galbraith will later write, “What started with neoconservative fantasies of cheering Iraqis greeting American liberators with flowers and sweets ended with a secret ceremony and a decoy plane.” [Rich, 2006, pp. 127]

Entity Tags: Peter Galbraith, Coalition Provisional Authority, Iyad Allawi, L. Paul Bremer

Timeline Tags: Iraq under US Occupation

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