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Turmoil in Iraq, Transitional Arrangements, and the Capture of Saddam Hussein

Published online by Cambridge University Press:  10 March 2017

Abstract

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Type
Contemporary Practice of the United States Relating to International Law
Copyright
Copyright © American Society of International Law 2004 

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References

1 See, e.g., Graham, Bradley, General Cites Rising Peril of Terror in Iraq, Wash. Post, Aug. 22, 2003, at A1 Google Scholar.

2 See Filkins, Dexter & Richard, A. Oppel Jr., Huge Suicide Blast Demolishes U.N. Headquarters in Baghdad; Top Aid Officials Among 17 Dead, N.Y. Times, Aug. 20, 2003, at Al Google Scholar; MacFarquhar, Neil & Richard, A. Oppel Jr., Car Bomb in Iraq Kills 95 at Shiite Mosque, N.Y. Times, Aug. 30, 2003, at A1.Google Scholar

3 See Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004, Pub. L. No. 108-106, 117 Stat. 1209 (2003).

4 See Bumiller, Elisabeth, Bush Seeks $87 Billion and U.N. Aid for War Effort, N.Y. Times, Sept. 8, 2003, at Al Google Scholar; The Costs of War and Its Aftermath, N.Y. Times, Sept. 9, 2003, at A6.Google Scholar It should be noted that some U.S.$11.8 billion of the funds were requested for use in supporting the U.S. military presence and reconstruction in Afghanistan.

5 See, e.g., William, C. Mann, Global Force Urged for Iraq, Wash. Post June 30, 2003, at A9 Google Scholar (reporting on congressional views that U.S. casualties in Iraq required seeking deployments and other assistance from abroad); Slevin, Peter & Graham, Bradley, U. S. Renews Bid to Involve More Nations in Iraq, Wash. Post, Aug. 21, 2003, at A1 Google Scholar; Lynch, Colum, Powell Asks Countries for More Money, Troops in Iraq, Wash. Post, Aug. 22, 2003, at A14.Google Scholar

6 See, e.g. Keith, B. Richburg, France, Germany Reject U.S. Plan, Wash. Post, Sept. 5, 2003, at A1 Google Scholar; Slevin, Peter, Countries Resist Aid to Iraq, Wash. Post, Sept. 2, 2003, at A1 Google Scholar; Marquis, Christopher, U.S. May Be Forced to Go Back to U.N. for Iraq Mandate, N.Y. Times, July 19, 2003, at A1 Google Scholar; Lancaster, John, India Rejects Request by U.S. for Iraq Force, Wash. Post, July 15, 2003, at A10 Google Scholar; Keith, B. Richburg, NATO Role in Iraq Faces Snags, Wash. Post, July 12, 2003, at A13 Google Scholar; DeYoung, Karen, 1, 500 Spanish Troops to Aid Iraq Recovery, Wash. Post, May 8, 2003, at A21 Google Scholar; Graham, Bradley, U.S. to Help Finance Polish Peacekeepers, Wash. Post, May 6, 2003, at A13 Google Scholar; Sciolino, Elaine, France Declines U.S. Call for Iraq Force, N.Y. Times, July 16, 2003, at A10 Google Scholar; Germany Refuses to Join Iraq Peacekeepers, N.Y. Times, May 8, 2003, at A15.Google Scholar

7 See, e.g., Allen, Mike & Loeb, Vernon, U.S. Wants Larger U.N. Role in Iraq, Wash. Post, Sept. 3, 2003, at A1 Google Scholar (noting that the new U.S. position “reflects a recognition within the administration that a stronger U.N. mandate is essential to winning greater foreign military and economic help in stabilizing Iraq”); Lynch, Colum, New Iraq Proposal Offered to U.N., Wash. Post, Oct. 14, 2003, at A1 Google Scholar (stating that the “Bush Administration hopes that the resolution will provide greater political cover to countries considering providing troops and financial support in Iraq”).

8 See Lynch, Colum, New Iraq Proposal Offered to U.N., Wash. Post, Oct. 14, 2003, at A1 Google Scholar; Lynch, Colum, Three Countries Give U.S. a Key Iraq Concession, Wash. Post, Oct. 15, 2003, at A1.Google Scholar

9 On July 13, 2003, the United States established an Iraqi Governing Council, consisting of twenty-five Iraqi nationals selected by the United States from different ethnic and religious groups in Iraq. In mid-August, the UN Security Council welcomed the establishment of the group. See SC Res. 1500 (Aug. 14, 2003).

10 SC Res. 1511, para. 7 (Oct. 16, 2003). The resolution was adopted unanimously.

11 Id., para. 15.

12 Id., para. 4.

13 See Barringer, Felicity, Unanimous Vote by UN. ‘s Council Adopts Iraq Plan, N.Y. Times, Oct. 17, 2003, at Al.Google Scholar

14 See Coalition Provisional Authority, Agreement on Political Process (Nov. 15, 2003), at <http://www.cpa-iraq.org>; see also Chandrasekaran, Rajiv, Iraqis Say U.S. to Cede Power by Summer, Wash. Post, Nov. 15, 2003, at A1 Google Scholar. Thereafter, the United Kingdom and the United States informed the Security Council of this plan, see VN Doc. S/PV.4869, at 2 (Nov. 21, 2003), thus fulfilling the requirement that the Security Council receive by December 15 a firm timetable for the transition.

15 See Richard, A. Oppel Jr. & Patrick, E. Tyler, Iraqis Plan War-Crime Court; G.I. ‘s to Stay Until Elections, N.Y. Times, July 16, 2003, at A9.Google Scholar

16 Statute of the Iraqi Special Tribunal (Dec. 10, 2003), at <http://www.cpa-iraq.org/audio/20031210_Decl0_Special_Tribunal.htm>.

17 Id., Arts. 1, 10–14.

18 Id., Arts. 3–4.

19 Id., Art. 20.

20 Id., Art. 24.

21 Id., Art. 28.

22 Id., Art. 4(d).

23 Id., Art. 6(b), (c).

24 Id., Art. 7(n),(o).

25 See Chandrasekaran, Rajiv, Hussein Captured, Wash. Post, Dec. 15, 2003, at A1.Google Scholar

26 See Shanker, Thom & Risen, James, Hussein Tells Interrogators He Didn’t Direct Insurgency, N.Y. Times, Dec. 16, 2003, at A1.Google Scholar

27 U.S. Dep’t of Defense News Transcript on Defense Department Operational Update Briefing (Dec. 16, 2003), at <http://www.dod.gov>. The secretary’s announcement represented an initial determination, which was confirmed in January 2004. See Jehl, Douglas, Hussein Given P.O.W. Status; Access Sought, N.Y. Times, Jan. 10, 2004, at Al.Google Scholar

28 The President’s News Conference, 39 Weeklycomp. Pres. Doc. 1800, 1801, 1808 (Dec. 15, 2003).