Al-Ahram Weekly Online   1 - 7 July 2004
Issue No. 697
Special
 
Published in Cairo by AL-AHRAM established in 1875

On Monday, US Civil Administrator Paul Bremer handed over "sovereignty" to the Interim Government of Iraq in a furtive ceremony, two days ahead of schedule. Not the stuff that independence days are made of. How sovereign is Iraq; what kind of future does the ongoing process offer for that shattered nation; and most significantly, how can a genuinely free, democratic and prosperous Iraq be created? Al-Ahram Weekly, in these special pages, invited Iraqi journalists and intellectuals to provide some answers

Post-invasion legalities


-- On 9 April 2003, Baghdad fell and Iraq came under occupation following a one-sided war waged on 20 March. Baghdad's fall brought down a regime that had ruled Iraq for 35 years. President George W Bush declared the end of major military operations in Iraq on 1 May 2003.

-- On 8 May 2003, President Bush recognised the responsibilities of the occupation forces as an occupying power in Iraq. This recognition set the scene for UN Security Council resolution 1483, passed on 22 May. The resolution states the responsibilities of the occupying power in accordance with international law and the 1949 Geneva Conventions.

The UN Security Council then passed resolution 1500, which welcomed the formation of the Interim Governing Council (IGC) on 13 July and considered it an embodiment of Iraqi sovereignty.

-- On 16 October 2003, the UN Security Council passed resolution 1511, which envisioned a role for multinational forces and the UN. Following the killing of UN envoy Sergio de Milo, the UN sent Lakhdar Brahimi as a special emissary to Iraq. In late August, the IGC formed a provisional government endorsed by US civilian administrator Paul Bremer. As violence spread in the country, an agreement was reached on 15 November concerning the transfer of power to Iraqis.

-- On 8 March 2004, the Law for the Administration of the State was passed.

-- On 8 June 2004, the UN Security Council passed resolution 1546, concerning the practical steps for the transfer of power by 30 June. The law says that the UN Security Council "endorses the formation of a sovereign Interim Government of Iraq, as presented on 1 June 2004, which will assume full responsibility and authority by 30 June 2004 for governing Iraq while refraining from taking any actions affecting Iraq's destiny beyond the limited interim period until an elected Transitional Government of Iraq assumes office." The resolution asserts the right of the Iraqi people to determine its political future freely and points out that the UN may provide advice and support in organising elections, encouraging dialogue and promoting consensus on the constitution.

Resolution 1546 gives the multinational force the power to take any necessary measure to maintain law and order in Iraq and to make arrangements for a partnership between the multinational force and the interim Iraqi government. This is in recognition of the fact that Iraq's sovereignty remains limited and incomplete.

-- On 28 June 2004, in a ceremony at the US-controlled "green zone" in Baghdad, US civil administrator Paul Bremer handed over power to Iyad Allawi's government and left the country. The power transfer was conducted two days ahead of schedule to pre-empt violence before and during the event.

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