US officials fashion legal basis to keep forces in Iraq

[JoFerret]

http://www.nytimes.com/2004/03/26/international/middleeast/26IRAQ.ht


With fewer than 100 days to go before Iraq resumes its sovereignty, American officials say they believe they have found a legal basis for American troops to continue their military control over the security situation in Iraq.

<snip>

Showing his confidence that the approach was grounded in international law, L. Paul Bremer III, the chief of the occupation authority, issued an executive order this week specifying that the newly formed Iraqi armed forces be placed under the operational control of the American commander, Lt. Gen. Ricardo S. Sanchez, who has been named to lead American and allied forces after the transfer of political authority to the Iraqis.
<snip>
The plan, the American officials say, will require the Security Council to review the resolution before it expires in October. But the United States may also seek a new resolution, hoping to placate Spain's new prime minister, José Luis Rodríguez Zapatero, who has said that he will withdraw Spain's contingent unless the force is placed under clear United Nations control.

<snip>

That remains to be tested.

<snip>
There were also questions about the effects of extending the primacy of the American military.

<more>

[maddezmom]

1. from the article

~snip~
After months of concern about the legal status of the 110,000 American troops who are expected to remain here after the occupation formally ends on June 30, the officials say they believe an existing United Nations resolution approving the presence of a multinational force in Iraq, approved by the Security Council in October, gives American commanders the authority needed to maintain control after sovereignty is handed back.

Showing his confidence that the approach was grounded in international law, L. Paul Bremer III, the chief of the occupation authority, issued an executive order this week specifying that the newly formed Iraqi armed forces be placed under the operational control of the American commander, Lt. Gen. Ricardo S. Sanchez, who has been named to lead American and allied forces after the transfer of political authority to the Iraqis.

Mr. Bremer and other top American officials say they believe Security Council Resolution 1511, which conferred the mandate for the American-led alliance, can be used to provide legal justification for the American military command to operate until Dec. 31, 2005. That is when a timetable agreed on by Iraqi leaders envisages the final transition to an elected Iraqi government.

The plan, the American officials say, will require the Security Council to review the resolution before it expires in October. But the United States may also seek a new resolution, hoping to placate Spain's new prime minister, José Luis Rodríguez Zapatero, who has said that he will withdraw Spain's contingent unless the force is placed under clear United Nations control.

~snip~

[truthspeaker]

2. what if the "sovereign" Iraqi government asks them to leave?

Since they'll be "sovereign" they could refuse to host US troops, or refuse to put Iraqi forces under US operational control.

Kind of like 80 years ago when the British found their puppet government in Iraq wouldn't play ball.

[acmavm]

3. I hardly think that this will be acceptable to anyone but the handpicked

flunkies led by Chalabi. The rest of the Iraqi people already want us gone.

You always know when something is wrong when those in charge have to go looking for 'legal' excuses to justify their actions.

I think that Bremer has probably set off another firestorm.