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Context of 'June 28, 2004: After Transfer of Power to Iraqi Interim Government, US Continues to Control Two Prisons'

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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

After the handover of official sovereignty of Iraq to an interim Iraqi government, US forces continue to be responsible for operating two prisons in Iraq, including Abu Ghraib. [Independent, 6/10/2004]

Timeline Tags: Torture of US Captives

Hours after the Coalition Provisional Authority hands over Iraqi sovereignty to an interim government (see June 28, 2004), the CPA sends requests to the Federal Reserve Bank in New York asking that an additional $1 billion be withdrawn from Iraq’s accounts at the Federal Reserve and be shipped to Iraq. The request is rejected on grounds that the CPA no longer has authority to manage Iraq’s assets. Since April, the Federal Reserve has shipped some $12 billion dollars to the CPA. Five billion of this was sent just within the last six days (see June 22, 2004 and June 25, 2004). A Federal Reserve document states that “effective as of the time AMB Bremer transferred authority (which is being reported in the press as 10:26 am in Baghdad), the CPA no longer had control over Iraq’s assets…. [S]ubsequent to transfer of sovereignty, COL Davis of the CPA sent us $200 million in payment orders to be executed today in New York. We have informed the Colonel that we are not in a position to honor these instructions. Second, also subsequent to the transfer of sovereignty, COL Davis sent us an instruction to transfer $800 million from the DFI main account into the new DFI subaccount, which we understand informally was created by AMB Bremer to hold funds that are ear marked internally within Iraq for payments connected to existing contracts. We have also informed COL Davis that we are not in a position to honor this instruction either (especially since it would require liquidating $1 billion worth of the CBI’s [Central Bank of Iraq] holdings of USG [US Government] securities.” [US Congress, 2/6/2007, pp. 9 pdf file]

Entity Tags: Coalition Provisional Authority, US Federal Reserve

Timeline Tags: Iraq under US Occupation

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