Middle East and North Africa

According to news reports, the U.S. Central Intelligence Agency (CIA) has transferred about a dozen non-Iraqi prisoners out of Iraq in the past 18 months. Their destination has not been made known. The news reports say that the Justice Department's Office of Legal Counsel has prepared a draft legal opinion that would authorize the CIA to take Iraqis out of the country for brief periods of interrogation, and permanently to remove persons deemed to be illegal aliens under "local immigration law." [1]

 

            According to United Nations Security Council Resolution 1511, the Coalition Provisional Authority (CPA), the recognized occupying power in Iraq, [1] will dissolve on June 30, and an interim Iraqi government will begin to exercise Iraqi sovereignty. [2]   The United States, however, has repeatedly stated that its troops will remain in Iraq after the handover, pursuant to an expected request by the Iraqi government.  Given the questions surrounding the legitimacy of any Iraqi government, what would be the legal status of such a request?

 

            On June 30, 2004, the Coalition Provisional Authority (CPA) in Iraq is scheduled to dissolve, with sovereign power to be turned over to a transitional Iraqi Administration.  More than 100,000 Coalition forces will remain in the country with their legal status very much in doubt unless steps are taken to clarify the situation.

 

Introduction

Stimulated by allegations made in an Italian television documentary,[1] a worldwide controversy has developed concerning the use of white phosphorus (WP) munitions by U.S. military forces during the assault on Fallujah, Iraq in November 2004. An important part of the controversy involves accusations that the use of WP munitions in Fallujah violated international law. This Insight examines the international legal aspects of the use of WP munitions by U.S. military forces in Iraq.

 

Background to the Controversy

 

Introduction