The Report of the Iraq Inquiry

1039. Mr Huw Llewellyn, an FCO Legal Counsellor, wrote to the IPU on 13 March to

emphasise the need for concrete information about ORHA’s plans now that there were

UK secondees in the organisation. He stated:

“This is important because if UK forces are in control of the Basra area, the UK will

be the Occupying Power in that area and it will be the UK’s international obligations

which are engaged.”441

1040. Mr Llewellyn wrote to the IPU again on 17 March to explain that he had

intended to comment in detail on an ORHA plan for “post-liberation” Iraq but that,

after meeting Maj Gen Cross, it had become clear that “ORHA plans in reality are

much more limited”.442 ORHA now appeared to intend to “do the minimum necessary

to allow Iraqi ministries to function” before handing over to a “UN Security Council

authorised administration after about ninety days”. Given Maj Gen Cross’s planned role,

Mr Llewellyn suggested that developments should be monitored and views fed in as

necessary through him.

1041. The same day, Mr Llewellyn also advised the IPU on the compatibility of various

post-conflict activities with the rules of military occupation.443

1042. 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.

441 Minute Llewellyn to Bristow, 13 March 2003, ‘ORHA Plans’.

442 Minute Llewellyn to Bristow, 17 March 2003, ‘ORHA Plans for the Administration of Iraq: Military

Occupation’.

443 Minute Llewellyn to IPU [junior official], 17 March 2003, ‘Potential Humanitarian and Reconstruction

Activities in Iraq’.

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