The Occupation of Iraq: Volume 2

The Occupation of Iraq: Volume 2
Author: Stefan Talmon
Publisher: Bloomsbury Publishing
Total Pages: 1572
Release: 2013-02-08
Genre: Law
ISBN: 1782250174

The invasion and occupation of Iraq rank among the most controversial and complex issues in international law in recent history. This volume of documents covers the occupation of Iraq from the planning stages of the invasion of Iraq in early 2002 to the transfer of governing authority to the Iraqi Interim Government on 28 June 2004. The book presents 595 selected documents including the first complete set of all Regulations, Orders, Memoranda and Public Notices issued by the US-led occupation administration of Iraq, the Coalition Provisional Authority (CPA), several of which were never published on the CPA`s website or promulgated in Alwaqai Aliraqiya, the Official Gazette of Iraq. Some of these legal acts have shaped the economic and political system of present day Iraq and will be part of the country`s legal order for years to come. The book also includes some 120 other CPA and CPA-related documents selected from more than 5000 unclassified CPA documents and received under freedom of information requests lodged in the United States, the United Kingdom, Australia and Switzerland. These documents include instructions and proclamations to the Iraqi people in the early stages of the occupation, organizational charts, internal legal opinions, diplomatic notes, international agreements concluded by the CPA with other States, and numerous internal memoranda for the head of the CPA, Ambassador Paul L Bremer, on legal, diplomatic and political issues. The book also presents for the first time all 235 resolutions passed by the Iraqi Governing Council (IGC) between July 2003 and June 2004. The resolutions as well as many of the 25 other important IGC documents (including various political statements, press releases and decrees of the Council`s Higher National De-Ba`athification Commission) have been translated from Arabic and are presented here for the first time in English. These documents are complemented by the relevant United Nations documents on the occupation of Iraq as well as some 50 policy documents of the United States, the United Kingdom and the Iraqi opposition movement as well as all relevant fatwas (religious rulings) of Grand Ayatollah Ali al-Sistani which shaped the internal Iraqi political process during the occupation. This collection archives these important documents for future use and makes them easily accessible to researchers and professionals. Considering that the main source of information for the occupying powers in Iraq were the precedents set during the First and Second World Wars, the occupation of Iraq will serve as a modern precedent for future administrations of occupied territory. The documents are made easily accessible by a comprehensive table of documents, a list of abbreviations, more than 1100 explanatory notes and cross-references and a substantive subject index. This volume is the second on The Occupation of Iraq. It is complemented by a monograph by the same author which, on the basis of the documents collection, presents a comprehensive analysis of The Governance of Occupied Territory in Contemporary International Law.

The War Powers Resolution

The War Powers Resolution
Author: Congressional Research Service
Publisher: Createspace Independent Publishing Platform
Total Pages: 98
Release: 2017-04-03
Genre:
ISBN: 9781545111680

This report discusses and assesses the War Powers Resolution and its application since enactment in 1973, providing detailed background on various cases in which it was used, as well as cases in which issues of its applicability were raised. It will be revised biannually. In the post-Cold War world, Presidents have continued to commit U.S. Armed Forces into potential hostilities, sometimes without a specific authorization from Congress. Thus the War Powers Resolution and its purposes continue to be a potential subject of controversy. On June 7, 1995, the House defeated, by a vote of 217-201, an amendment to repeal the central features of the War Powers Resolution that have been deemed unconstitutional by every President since the law's enactment in 1973. In 1999, after the President committed U.S. military forces to action in Yugoslavia without congressional authorization, Representative Tom Campbell used expedited procedures under the Resolution to force a debate and votes on U.S. military action in Yugoslavia, and later sought, unsuccessfully, through a federal court suit to enforce presidential compliance with the terms of the War Powers Resolution. The War Powers Resolution P.L. 93-148 was passed over the veto of President Nixon on November 7, 1973, to provide procedures for Congress and the President to participate in decisions to send U.S. Armed Forces into hostilities. Section 4(a)(1) requires the President to report to Congress any introduction of U.S. forces into hostilities or imminent hostilities. When such a report is submitted, or is required to be submitted, Section 5(b) requires that the use of forces must be terminated within 60 to 90 days unless Congress authorizes such use or extends the time period. Section 3 requires that the "President in every possible instance shall consult with Congress before introducing" U.S. Armed Forces into hostilities or imminent hostilities. From 1975 through March 2017, Presidents have submitted 168 reports as the result of the War Powers Resolution, but only one, the 1975 Mayaguez seizure, cited Section 4(a)(1), which triggers the 60-day withdrawal requirement, and in this case the military action was completed and U.S. armed forces had disengaged from the area of conflict when the report was made. The reports submitted by the President since enactment of the War Powers Resolution cover a range of military activities, from embassy evacuations to full-scale combat military operations, such as the Persian Gulf conflict, and the 2003 war with Iraq, the intervention in Kosovo, and the anti-terrorism actions in Afghanistan. In some instances, U.S. Armed Forces have been used in hostile situations without formal reports to Congress under the War Powers Resolution. On one occasion, Congress exercised its authority to determine that the requirements of Section 4(a)(1) became operative on August 29, 1983, through passage of the Multinational Force in Lebanon Resolution (P.L. 98-119). In 1991 and 2002, Congress authorized, by law, the use of military force against Iraq. In several instances none of the President, Congress, or the courts has been willing to initiate the procedures of or enforce the directives in the War Powers Resolution.

Terrorism

Terrorism
Author: Robert A. Friedlander
Publisher:
Total Pages: 664
Release: 1979
Genre: Law
ISBN:

Terrorism: Documents of International and Local Control is a hardbound series that provides primary-source documents on the worldwide counter-terrorism effort. Chief among the documents collected are transcripts of Congressional and Parliamentary testimony, reports by quasi-governmental organizations, and case law covering issues related to terrorism. The series also includes a subject index and other indices that guide the user through this complex area of the law. Overall, the series keeps users up-to-date on the panoply of terrorism issues now facing the U.S. and the world. Presidential Powers and the Global War Against Terrorists provides readers with a detailed and insightful exposition of the law of presidential war powers. The recent expansion of those powers by the Bush Administration has created uncertainty as to where the legal limits for Executive Branch military and surveillance activity currently lie. In this volume, Professor Doug Lovelace identifies those limits through both his presentation of relevant documents and his expert commentary of the meaning behind those documents.

The NSA Report

The NSA Report
Author: President's Review Group on Intelligence and Communications Technologies, The
Publisher: Princeton University Press
Total Pages: 287
Release: 2014-03-31
Genre: Political Science
ISBN: 1400851270

The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.