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[casi] Occupying Power Legal Responsibilities - US Forbidden from Changing State Struc.



Source: Amnesty International, " Iraq: Responsibilities of the occupying
powers", 16 April 2003, MDE 14/089/2003,
http://web.amnesty.org/library/index/engmde140892003

The Amnesty International report is worth a full and careful read.  Below is
one particularly relevant excerpt, regarding the Occupying Power and its
role in Iraq's governance:

"As a caretaker for the absent national government, the occupying power has
to take over responsibility for the functions which are directly related to
the administration of the territory. As such it may set up a temporary civil
administration, but has no right to change the existing structures of the
state. For example, it cannot engage in a major reform of the criminal
justice system, even though in Iraq this is badly needed to bring it in line
with international human rights law and standards. Amnesty International is
calling for a UN commission of experts to start working immediately, in
close consultation with Iraqi civil society, to develop proposals for
reform. These proposals will have to be implemented either by a new Iraqi
government or a UN transitional administration." (pg. 7)

Nathaniel Hurd
Consultant on United Nations Iraq policy
Tel. (Mobile): 917-407-3389
Fax: 718-504-4224
E-mail: nathaniel_hurd@hotmail.com
777 United Nations Plaza
Suite 7A
New York, NY  10017






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