FPIF CommentaryPosing the Right QuestionBy Colonel Daniel Smith, USA (Ret.) | July 30, 2004 Editor: John Gershman, Interhemispheric Resource Center (IRC) |
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Emulating the popular game show “Jeopardy,” if the answer is “Iraq,” can you formulate the question? Consider the following:
The Occupation Beyond SovereigntyObviously, there is tension between Bremer’s 97 edicts—particularly those with appointment timelines or ones establishing new laws or sentences—and the Hague and Geneva conventions under which the application of occupation statutes end. Having been ceded “full sovereignty” by the occupation authority, the interim government must have the power to rescind or ignore any occupation edict—including the one specifying the procedure by which the interim government can legally disavow any edict. Functioning as a further barrier to complete sovereignty is UN Resolution 1546, which imposes its own broad limitation: the interim government is to refrain from any action whose effects “on Iraq’s destiny” will extend beyond January 2005 when the Transitional Government assumes office. In itself, this language suggests that the U.S. and UK, the two countries that crafted the resolution, are using the UN as a surrogate for their continuing direct intervention in Iraq. By forbidding a supposedly sovereign government from acting, the resolution sets up the UN as an “international sovereign” whose pronouncements trump national sovereignty. The practical result of complying with this section of the resolution would be wholesale drift. Iraq’s “destiny” will not wait for six months. It is being shaped today, tomorrow, and every tomorrow thereafter in all its aspects—social, political, cultural, economic, civic, and environmental. In short, while accepting reconstruction help and security training and assistance from the international community, the interim government must set its own course and pace. It must create momentum for equitable economic and political policies that respect Iraqi culture and tradition but encourage the internalization of fundamental human rights and civil liberties for every Iraqi. The remaining short-term U.S. objective in Iraq is to shift completely the front-line burden for security to Iraqis. Reasoning that a lower U.S. /MNF profile ought to reduce the violence, Iraq’s interim prime minister, Iyad Allawi, is eager to assume this responsibility as quickly as Iraqis can be trained and equipped. Similarly, the UN may find Allawi and his cabinet eager for Iraqi, not UN, solutions to other long-standing needs. It is commonplace in Bush administration circles to assert that September 11, 2001 “changed everything.” In reality, as 27 former diplomats and senior military commanders stated in Late June, the fundamentals of life in the U.S. have not changed. So too, in Iraq. Saddam Hussein’s downfall and the country’s military occupation have had a mainly political effect, but the fundamental needs of life in Iraq remain—physical security, the end of violence, steady work for steady pay. If the interim government is to succeed, it must be completely free—that is, sovereign—to set Iraq’s course, free from U.S. edicts and ill-conceived UN resolutions. If Iraq is the answer, the question has to be: “Where do three sovereigns divide one sovereignty?” (Dan Smith is a military affairs analyst for Foreign Policy in Focus, online at www.fpif.org, a retired U.S. army colonel and a senior fellow on Military Affairs at the Friends Committee on National Legislation.)
For More Analysis from Foreign Policy In Focus:From Iraq to Asia—the Butterfly Effect Charging on in Iraq—But Which Way? The Defense of “Command Influence” How Long a War? Of Rumor and Reality The Psychology of War: Iraq and Vietnam Rendering an Account on Iraq Why So Many Were So Wrong for So Long Fighting By the Rules, Not Against Them
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