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6.5  |  Planning and preparation for a post-Saddam Hussein Iraq, January to March 2003
{{Preventing interference in internal Iraqi affairs by outside states (principally
Turkey and Iran).
{{Providing a credible promise of increasing Iraqi involvement in administration
with a road-map to Iraqi-led government, whilst ensuring no particular group
feels unduly disadvantaged.
“If any of these conditions are not met, we must expect support rapidly to evaporate
in all or part of the country.
Clarity of the Information Campaign message …
Legal Position: in the post-war period, irrespective of the status of UNSCRs,
the US/UK forces in Iraq will be in ‘belligerent occupation’. This obliges them to:
{{Restore and maintain public order and safety by ‘respecting the laws in force
… in the occupied state’.
{{Assume responsibility for administering the occupied area.
{{Take responsibility for the medical care of inhabitants.
{{Supply the civil population with food, medical supplies, clothing, bedding and
shelter.
{{Facilitate relief schemes, if required.
{{Facilitate the operation of postal facilities, religious observance and schools.
{{Issue a proclamation making the existence, extent and special regulations of
the occupied territory clear to the inhabitants.
UK forces are also obliged to apply the standards of the European Convention
on Human Rights, whereas US forces are not. This could present complications
with respect to the removal of detainees from Iraq, for example.
These responsibilities remain in force until the Occupation ceases.
Expectations that the Coalition forces will be able to deliver these responsibilities
are high; so if there is doubt over our ability to meet them in an ‘exemplary’
fashion we should take steps to lower expectations as early as possible.”
859.  The section of the report on “Post-War Structures” stated that Iraq was “not a
‘failed state’”, nor was it recovering from a bloody civil war. The people were “proud”
and would “respond badly to condescension or perceived insults”.
860.  On law and order and the judicial system, the Red Team judged that:
[O]nce an assessment has been made of the effectiveness of local police forces
it should be increasingly possible to include them in military-led law and order
operations”.
The Iraqi judicial system was “largely dysfunctional” and an “interim judicial
system may be necessary”.
The prison system was likely to need “a complete overhaul and supervisory
regime”, although the infrastructure might be “useable”.
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