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10.1  |  Reconstruction: March 2003 to June 2004
154.  On 17 March, Mr Huw Llewellyn, an FCO Legal Counsellor, advised the IPU on
the compatibility of various post-conflict activities with the rules of military occupation.95
155.  Mr Llewellyn explained that Security Council authorisation was not required for
humanitarian assistance. The position was more complicated for “rehabilitation” and
“reconstruction”:
“Rehabilitation
“As I understand it, this means essential repair work, (for example to schools,
hospitals, government buildings, roads). It is closely connected with basic
humanitarian assistance.
“… Article 55 of the Hague Regulations requires the Occupying Power to ‘safeguard’
the capital of public buildings etc. Repair work would be consistent with that
obligation …
“Reconstruction
“You list under this heading matters such as reform of the judiciary, security sector
and police reform, demobilisation, reform of government and its institutions, the
education system, and the banking system … it might also include the building of
new roads and other structures to assist the regeneration of Iraq.
“Construction of entirely new roads and buildings may in some circumstances
be permissible – where this is necessary for the relief effort or, for example for
maintaining security or public order. As you know, the scope for action on the other
issues … is limited. Any action going beyond these limits would require Security
Council authorisation.”
156.  Mr Llewellyn offered further observations on 18 March, in which he emphasised
that “sweeping” institutional and personnel changes would not be permitted.96
157.  On 26 March, Lord Goldsmith, the Attorney General, sent Mr Blair advice
requested at the Ad Hoc Meeting the previous day.97 It covered:
“… the need for UN Security Council authorisation for the Coalition or the
international community to establish an interim Iraqi administration to reform and
restructure Iraq and its administration.”
95  Minute Llewellyn to IPU [junior official], 17 March 2003, ‘Potential Humanitarian and Reconstruction
Activities in Iraq’.
96  Minute Llewellyn to IPU [junior official], 18 March 2003, ‘Potential Humanitarian and Reconstruction
Activities in Iraq’.
97  Minute Attorney General to Prime Minister, 26 March 2003, ‘Iraq: Authorisation for an Interim
Administration’.
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