Transformation of International Law of Occupation: Case of Iraq

Abstract

Transformation of the International Law of Occupation: Case of Iraq. Master’s Thesis. Ankara. 2018.

The sui generis structure of the 2003 Occupation of Iraq is analyzed thoroughly within the context of transformation assertions of the classical concept of belligerent occupation by the rapacious hegemons. The evolution of the traditional law of occupation compounded with the building blocks of republicanism principle based on the sovereignty and the codification of the conservationist principle. It was acknowledged that a great power state would pursue her hegemonic desire by unlawful waging war with transformative occupation incentives despite for the first time officially assigned as an occupying authority. The 2003 Occupation of Iraq was not a last minute deal for the US when it is thoroughly read between the lines of the process which was triggered with the adoption of the UNSCR 661 on 6th of August in 1990 till the creation of the Coalition Provisional Authority (CPA) and the Development Fund for Iraq in advance by the Bush Government and consecutively endorsement of these acts by the UNSCR 1483 dated 22 May 2003. The understanding of equal sovereignty of states was violated not only by the superpower state US but also with the connivance of the UN. UNSCR 2001 dated 28 July 2011 was manifestly exposed that a non-Western state Iraq’s sovereignty was not equal as the Western sovereign states’ and ipso facto Iraq had been whittled down to size by the US-led manipulation of the UN in the public eyes of ‘the civilized European-Western nations’. The current international law of occupation embodies enough norms for the protection of the sovereign rights of the occupied state’s people satisfactorily till occupant’s transfer of the de facto sovereignty to the de jure sovereign of the occupied territory. The 2003 occupation of Iraq has crucial importance for comprehending both prevalent and prospective imperialist operations and the violations of law caused by them. Key words: Classical concept of belligerent occupation, law of war, traditional law of military occupation, international law of occupation, the occupation of Iraq, republicanism principle, the conservationist principle, the Coalition Provisional Authority, de facto sovereign, de jure sovereign.