The United States as Occupying Power Over Portions of Iraq and Special Responsibilities Under the Laws of War

23 Pages Posted: 11 Jul 2014

See all articles by Jordan J. Paust

Jordan J. Paust

University of Houston Law Center

Date Written: 2003

Abstract

The prior U.S. occupation of Iraq had triggered application of various international laws concerning duties, rights, and competencies of an occupying power and persons subjected to occupation. Such laws regulate the occupying power’s treatment of persons and property in various ways, including the protection of all persons from torture and cruel or inhumane treatment, due process guarantees for those accused of crime, the prohibition of transfer of non-prisoners of war from occupied territory, freedom from collective penalties, provision of care and food for those in need, protection of Iraqi private and state-owned property, and competence to prosecute persons for international crimes. With respect to control of Iraqi resources and U.S. participation in regime change, tensions existed between the limitations found in the laws of war and various purposes and principles set forth in the United Nations Charter with respect to self-determination and human rights of the people of Iraq. This article explored such matters.

Keywords: collective penalty, company, cruel, de facto, extraction, Hague Convention, human right, Iraq, law of war, occupation, occupied, occupying power, oil, property, regime change, resources, Security Council, torture, transfer, trial, U.N. Charter, U.S., usufruct, wounded

Suggested Citation

Paust, Jordan J., The United States as Occupying Power Over Portions of Iraq and Special Responsibilities Under the Laws of War (2003). 27 Suffolk Transnational Law Review 1 (2003), U of Houston Law Center No. 2014-A-69, Available at SSRN: https://ssrn.com/abstract=2464326

Jordan J. Paust (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States

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