Jus Post Bellum in Iraq: The Development of Emerging Norms for Economic Reform in Post Conflict Countries
Christina C. Benson
Elon University, Martha and Spencer Love School of Business
April 10, 2012
Forthcoming in: Richmond Journal of Global Law and Business, Issue 4, Vol. 11 (Fall 2012).
Finally emerging from decades of conflict and isolation, Iraq has endured three devastating wars, the demise of the Saddam Hussein regime, the end of international economic sanctions, and the protracted process of approving a constitution and forming a new democratically elected government. The nation’s emergence from war, and efforts to build the foundations of stable governance and economic growth, provides a fascinating case study for analyzing new international norms promoting the “rule of law” in war torn countries.
This paper directly addresses arguments that early legal and economic reforms implemented by the Coalition Provisional Authority (CPA) and the Iraqi Interim Government in Iraq during 2003-2005 may have violated the principle of “conservation” in international humanitarian law. The paper further examines whether a new doctrine of "jus post bellum" is emerging, and the extent to which the United Nations and international economic organizations are permitted to support economic reforms as part of a larger effort to engage in peace building and establish a "rule of law" in post-conflict countries.
Number of Pages in PDF File: 37
Keywords: Iraq, international humanitarian law, economic reform, coalition provisional authority, world trade organizations, UN, security council, international law, resolutions, Iraqi Interim Government, Government of Iraq
JEL Classification: K33, F13, F14, F42
Date posted: May 31, 2012