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The Adequacy of International Humanitarian Law Rules on Belligerent Occupation: to What Extent May Security Council Resolution 1483 Be Considered a Model for Adjustment?

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Chapter Summary

The international law governing belligerent occupation is codified in Articles 42-56 of the 1907 Hague Regulations, the Fourth Geneva Convention, and Additional Protocol I. The respective rules of international humanitarian law apply whenever a belligerent State occupies the adversary's territory, or a part thereof. Articles 27 of Fourth Geneva Convention state that the occupying power may take measures of control and security as a result of the 1991 war against Iraq. The occupying powers have introduced significant changes in the Iraqi system, changes which go far beyond what is anticipated in international humanitarian law. The Coalition Provisional Authority (CPA) disbanded the Iraqi military, creating in its stead new armed forces with a new command structure. The Security Council Resolution 1483 gives the Coalition the mandate to administer Iraq and work towards its political and economic reorganization.

Keywords: coalition provisional authority (CPA); Fourth Geneva Convention; international humanitarian law; Iraq; security council resolution 1483



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