Journal of Conflict and Security Law Advance Access originally published online on January 20, 2006
Journal of Conflict and Security Law 2006 11(1):41-66; doi:10.1093/jcsl/kri023
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End of the Occupation in 2004? The Status of the Multinational Force in Iraq After the Transfer of Sovereignty to the Interim Iraqi Government
* Andrea Carcano, Doctoral Candidate in International Law at the University of Milan, is a Legal Officer with the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia.
The situation in Iraq, in the period between the end of the Coalition Provisional Authority’s (CPA) occupation of Iraq and the constitution of the Interim Government presided over by Prime Minister Allawi in June 2004 and the general elections held at the end of January 2005, was subject to Security Council Resolution 1546 as well as, of course, to the applicable provisions of international law. Resolution 1546, inter alia, endorses the formation of the Interim Government, recognises the Interim Government as sovereign and authorises, on the basis of the invitation by the Interim Government the continued presence in Iraq of the Multinational Force, an approximately 140,000 troop American led-army, and regulates its relationships with the other actors in the Iraqi crisis such as the United Nations Assistance Mission for Iraq (UNAMI). When the rather grim reality of the situation in Iraq as presented in the media is compared with the project and ambitions characterising Resolution 1546, questions arise. How did Resolution 1546 impact on the reality in Iraq? What is the exact legal status of the Multinational Force after Resolution 1546? What are the legal relationships between the Multinational Force and the other actors in the Iraqi crisis? The article questions, inter alia, the domestic legitimacy of the Interim Iraqi Government and the validity of the invitation it issued to the Multinational Force. It further argues that, if the invitation is not valid under general international law as being issued by a government that has been externally appointed, the Multinational Force should still be regarded as an occupation force.