10.1 |
Reconstruction: March 2003 to June 2004
reforms of
governmental and administrative structures are not lawful. That
includes
the
imposition of major economic reforms.”108
United
Nations Security Council resolution 1483 (2003), which was adopted
on 22 May
2003,
changed the legal framework for the Occupation of
Iraq.109
Resolution
1483 confirmed that the administration of Iraq was the
responsibility of “the
Authority”
(the Occupying Powers).110
It also
specified the role of the UN, exercised
through a
Special Representative to the Secretary-General
(SRSG).
In June,
the Legal Secretariat to the Law Officers advised that the
resolution clarified the
legitimate
scope of activity of the Occupying Powers and authorised them to
undertake
actions for
the reform and reconstruction of Iraq going beyond the limitations
of Geneva
Convention
IV and the Hague Regulations.111
In some
cases, such actions had to
be carried
out in co-ordination with the SRSG or in consultation with the
Iraqi interim
administration.
Particular
actions that the resolution appeared to mandate were:
•
promoting
economic reconstruction and the conditions for sustainable
development;
•
promoting
human rights; and
•
encouraging
international efforts to promote legal and judicial
reform.
The content
and implications of resolution 1483 are described later in this
Section.
194.
Mr Tony
Brenton, Chargé d’Affaires at the British Embassy Washington,
warned
Sir David
Manning on 3 April that the UK was “in danger of being left behind”
on ORHA.112
The list of
senior officials to “shadow” ministries in Iraq was almost complete
and those
officials
would start deploying soon. Australia had bid for a place. The UK
had not, even
though the
US had said it would be open to such a bid. Mr Brenton advised
that:
“Following
our significant military efforts we surely have an interest in
following
through to
the civilian phase. If so, given the advanced state of US
preparations,
it will be
important that we vigorously pursue the point at next week’s
talks
[at
Hillsborough].”
195.
Sir David
Manning commented: “We need to decide if we want a place. Do
we?”113
He asked
Mr Rycroft to discuss the issue with the FCO.
108
Statement,
15 January 2010, pages 2 and 3.
109
UN, Press
Release SC/7765, 22 May 2003. Security
Council lifts sanctions on Iraq, approves UN role,
calls for
appointment of Secretary-General’s Special
Representative.
110
UN Security
Council resolution 1483 (2003).
111 Letter
Adams to Llewellyn, 9 June 2003, ‘Iraq: Effect of Security Council
Resolution 1483 on the
Authority
of the Occupying Powers’.
112
Letter
Brenton to Manning, 3 April 2003, ‘Post Conflict
Iraq’.
113
Manuscript
comment Manning, 4 April 2003, on Letter Brenton to Manning, 3
April 2003, ‘Post Conflict
Iraq’.
37