The International Law of Occupation in Light of the Iraq War

Abstract

This article provides a brief introduction to the international law of occupation, with particular emphasis on how and to what degree the occupation of Iraq influenced the international law of occupation. Although the law of occupation and, in particular, the conservationist principle, were considered part of customary international law prior to the 2003 invasion of Iraq, it is unclear today whether states, acting in the capacity of an occupying power, would still feel legally bound to conform their occupational activities to the traditional law of occupation, or whether they would follow in the footsteps of the U.S. and engage in a more transformational occupation.