Legal Status of The Coalition Presence
The US-dominated multinational force in Iraq still exercise considerable power in the country and, with the Iraqi armed forces, 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, "territory is considered occupied when it is actually placed under the authority of the hostile army." 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."
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.
The United Nations Security Council Resolution 1546 in 2004 looked forward to the end of the occupation and the assumption of full responsibility and authority by a fully sovereign and independent Interim Government of Iraq. Afterwards, the UN and individual nations established diplomatic relations with the Interim Government, which began planning for elections and the writing of a new constitution.
In January 2005, John Negroponte, US ambassador to Iraq, indicated the US 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."
On 10 May 2007, 144 Iraqi Parliamentary lawmakers signed onto a legislative petition calling on the United States to set a timetable for withdrawal. On 3 June 2007, the Iraqi Parliament voted 85 to 59 to require the Iraqi government to consult with Parliament before requesting additional extensions of the UN Security Council Mandate for Coalition operations in Iraq. The current UN mandate under United Nations Security Council Resolution 1790 expires on 31 December 2008.
Read more about this topic: History Of Iraq (2003–2011)
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