Occupation of Iraq (2003–2011)
The occupation of Iraq began on 20 March 2003, when the United States invaded with a military coalition to overthrow Iraqi president Saddam Hussein and his Arab Socialist Ba'ath Party, and continued until 18 December 2011, when the final batch of American troops left the country. While the United States, the United Kingdom, and Australia were the largest contributors to the coalition, 29 other countries, such as Japan, were involved in the Iraq War in a lesser capacity. Additionally, several private military contractors took part in enforcing the occupation.
It was a period of violence and political turmoil, and saw strong foreign influence exerted on Iraqi politics. In April 2003, the fall of Saddam's government was formally marked by the establishment of the Coalition Provisional Authority, which later appointed and granted limited powers to the Iraq Interim Governing Council. In June 2004, the Iraqi Interim Government was established, ending the international armed conflict that had existed between Iraq and the United States. Following the January 2005 Iraqi parliamentary election, this administration was replaced by the Iraqi Transitional Government. A year later, the Al Maliki I Government took office.
Efforts to rebuild post-Saddam Iraq were slowed when the American-led military coalition and the new Iraqi government became locked in a grueling conflict with a stronger-than-expected militant Iraqi insurgency, leading to difficult living conditions for the country's population throughout the period.
Military government
A military occupation was established and run by the Coalition Provisional Authority, which later appointed and granted limited powers to an Iraq Interim Governing Council. Troops for the invasion came primarily from the United States, the United Kingdom, and Australia, but 29 other nations also provided some troops, and there were varying levels of assistance from Japan and other allied countries. Tens of thousands of private security personnel provided protection of infrastructure, facilities and personnel.Coalition and allied Iraqi forces fought a stronger-than-expected militant Iraqi insurgency, and so the reconstruction of Iraq was slow. In mid-2004, the direct rule of the CPA was ended and a new "sovereign and independent" Interim Government of Iraq assumed the full responsibility and authority of the state. The CPA and the Governing Council were disbanded on 28 June 2004, and a new transitional constitution came into effect.
Sovereignty was transferred to a Governing Council Iraqi interim government led by Iyad Allawi as Iraq's first post-Saddam prime minister; this government was not allowed to make new laws without the approval of the CPA. The Iraqi Interim Government was replaced as a result of the elections which took place in January 2005. A period of negotiations by the elected Iraqi National Assembly followed, which culminated on 6 April 2005 with the selection of, among others, Prime Minister Ibrahim al-Jaafari and President Jalal Talabani. Prime Minister al-Jaafari led the majority party of the United Iraqi Alliance, a coalition of the al-Dawa and SCIRI parties. Both parties are backed by Tehran, and were banned by Saddam Hussein.
Legal status of the coalition's presence
An international armed conflict between the United States and Iraq in the Iraq War began when the US-led Coalition invaded Iraq on 19 March 2003. IAC continued after the invasion when the Coalition Provisional Authority was established on 21 April to temporarily administer the domestic affairs of Iraq. Therefore, hostilities during the invasion and occupation of Iraq fell under the laws of war applicable to IAC, including the 1949 Geneva Conventions, to which the US and Iraq are parties to, and the 1907 Hague Convention IV - The Laws and Customs of War on Land, which is commonly accepted as customary international humanitarian law binding on non-signatories engaged in an IAC. According to Article 42 under Section III of the Hague Convention IV - The Laws and Customs of War on Land, "Territory |erritory is considered occupied when it is actually placed under the authority of the hostile army."There may be situations where the former occupier will maintain a military presence in the country, with the agreement of the legitimate government under a security arrangement. The legality of such agreement and the legitimacy of the national authorities signing it are subject to international recognition, whereby members of the international community re-establish diplomatic and political relations with the national government.
United Nations Security Council Resolution 1546 in 2004 looked forward to the end of the occupation and the assumption of full responsibility and authority by a fully sovereign and independent Interim Government of Iraq. Afterwards, the UN and individual nations established diplomatic relations with the Interim Government, which began planning for elections and the writing of a new constitution. As a result, the Iraq War after 28 June 2004 became a non-international armed conflict, since US-led Coalition troops were operating in the country with the consent of the new legitimate government of Iraq. Therefore, hostilities in post-occupation Iraq fell under the laws of war applicable to NIAC, including Common Article 3 of the 1949 Geneva Conventions.
In January 2005, John Negroponte, US ambassador to Iraq, indicated the US government would comply with a United Nations resolution declaring that coalition forces would have to leave if requested by the Iraqi government. "If that's the wish of the government of Iraq, we will comply with those wishes. But no, we haven't been approached on this issue – although obviously we stand prepared to engage the future government on any issue concerning our presence here."
On 10 May 2007, 144 Iraqi Parliamentary lawmakers signed onto a legislative petition calling on the United States to set a timetable for withdrawal. On 3 June 2007, the Iraqi Parliament voted 85 to 59 to require the Iraqi government to consult with Parliament before requesting additional extensions of the UN Security Council Mandate for Coalition operations in Iraq. The UN mandate under United Nations Security Council Resolution 1790 expired on 31 December 2008.
Occupation (21 April 2003 – 28 June 2004)
An international armed conflict between the US and Iraq in the Iraq War began when the US-led Coalition invaded Iraq on 19 March 2003. IAC continued after the invasion when the CPA was established on 21 April to temporarily administer the domestic affairs of Iraq. Therefore, hostilities during the invasion and occupation of Iraq fell under the laws of war applicable to IAC, including the 1949 Geneva Conventions, to which the US and Iraq are parties to, and the 1907 Hague Convention IV - The Laws and Customs of War on Land, which is commonly accepted as customary international humanitarian law binding on non-signatories engaged in an IAC.2003
Fall of Saddam Hussein's government
Schools, police, courts, government, and military were shut down, which meant that most Iraqis were unemployed. Cities, especially Baghdad, suffered through reductions in electricity, clean water, and telephone service from pre-war levels, with shortages that continued through at least the next year.On 1 May 2003, President of the United States George W. Bush declared the "end of major combat operations" in Iraq, while aboard the with a large "Mission Accomplished" banner displayed behind him. The weeks following the removal of Ba'ath Party rule were portrayed by American media as generally a euphoric time among the Iraqi populace. New York Post correspondent Jonathan Foreman wrote from Baghdad in May 2003 that "the intensity of the population's pro-American enthusiasm is astonishing".
There were widespread reports of looting, though much of the looting was directed at former government buildings and other remnants of the former government, and reports of losses of up to 170,000 items of Iraq's archaeological treasures worth billions of US dollars, mostly from the National Museum of Iraq, were later revealed to be vastly exaggerated.
Beginning of the Iraqi insurgency
In the summer of 2003, the US military focused on hunting down the remaining leaders of the ousted government, culminating in the killing of Saddam's sons Uday Hussein and Qusay Hussein on 22 July. In all, over 200 top leaders of the former regime were killed or captured, as well as numerous lesser functionaries and military personnel.After the initial invasion, most of the Iraqi military's former soldiers and officers offered little resistance to Coalition forces in the early days of the occupation. Many soldiers had simply gone home rather than openly fight the invading forces. This seeming acceptance of Coalition authority stemmed from the US military continuing to pay the salaries of Saddam's former soldiers, while promising senior Iraqi officers that they would have a major role to play "in building a new Iraq."
However, on 11 May 2003, the Bush Administration established the "Coalition Provisional Authority" to take control of Iraq's domestic affairs away from the US military. Twelve days later, Paul Bremer, head of the CPA, issued an order dissolving the entire Iraqi military, as well as most civilian employees of the old government, and pledged to build a new military and government from scratch. One "untainted by any ties to Saddam's regime," according to the CPA. The Iraqi army's abrupt end, against the protests of many US field commanders, sparked immediate rioting among former Iraqi soldiers. In addition to broader civil unrest as unemployment skyrocketed to 70% and practically every government service, from the police to trash collectors, ended without warning. Soon, large numbers of former Iraqi military personnel allied with the surviving Ba'ath loyalists and formed guerrilla units, igniting an eight-year insurgency against Coalition forces. Besides scattered attacks in Baghdad, these insurgents began to focus on taking and holding ground in and around Mosul, Tikrit, and Fallujah. In the fall of 2003, these largely secular units were joined by religiously motivated "Jihadists" insurgents, both foreign and domestic. With the growing influence of religious fanatics, the insurgency's mostly traditional tactics of sniping, small unit ambushes and planting roadside improvised explosive devices against foreign military personnel began transforming into frequent suicide bombings and death squads targeting civilians that were perceived as "loyal" to coalition forces.
They favored attacking the unarmored Humvee vehicles, and in November they successfully attacked US rotary aircraft with SA-7 missiles bought on the global black market. On 19 August, the UN Headquarters in Baghdad was destroyed in the Canal Hotel Bombing, killing at least 22 people, among them Sérgio Vieira de Mello, Special Representative of the UN Secretary General.