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’.
29