The Report
of the Iraq Inquiry
“Turning
things round in a fully comprehensive way will not be the work of
months.
It is
likely to take years …
“Today I
want to assure all the Iraqi people that our belief in their future
prosperity
is as
strong as our belief in their liberation. In the short term, our
approach to
humanitarian
relief and reconstruction will be founded on four key commitments
…
“First:
there will be emergency relief over the coming days and weeks
…
The
Ministry of Defence has been allocated £30m … DFID has earmarked
£210m …
“Second: we
will ensure that the United Nations oversees the medium and
long-term
international
aid programme to Iraq … A central role for the UN will also be
crucial in
attracting
the expertise and funds from the major international financial
institutions
and aid
donors …
“Third: we
will work with the United Nations and others on the long
term
redevelopment
and rehabilitation of Iraq …
“And
fourth: we will ensure that Iraq’s oil wealth will be used for the
benefit of
the Iraqi
people, to develop the infrastructure and services the country
so
193.
Mr Llewellyn
confirmed on 2 April that UK forces were now an Occupying
Power
in that
part of Iraq in their physical control.107
It was
widely understood by both the US and UK that once they had
displaced the regime
of Saddam
Hussein, Coalition Forces would exercise authority over – and,
under
international
law – be occupiers in Iraq.
The rules
of international law on belligerent occupation relevant to
reconstruction are set
out
principally in the 1907 Hague Regulations.
In Iraq in
April 2003, the UK was considered, at a minimum, the Occupying
Power in that
part of
South-East Iraq where its forces were physically present and
exercised authority
(see
Section 9.1). The UK’s role alongside the US in ORHA (and then the
Coalition
Provisional
Authority (CPA)) raised questions about whether the UK was also
jointly
responsible
for the actions of those organisations throughout
Iraq.
Article 43
of the Hague Regulations provides that the Occupying Power “shall
take all the
measures in
his power to restore, and ensure, as far as possible, public order
and safety
while
respecting, unless absolutely prevented, the laws in force in the
country”.
Sir Michael
Wood, the FCO Legal Adviser from 1999 to 2006, told the
Inquiry:
“While some
changes to the legislative and administrative structure may
be
permissible
if they are necessary for public order and safety, more
wide-reaching
106
The
Guardian, 1 April
2003, Full text
of Jack Straw’s speech.
107
Minute
Llewellyn to Bristow, 2 April 2003, [untitled].
36