{"title":"Legal Bases for Military Operations in Iraq","authors":"","doi":"10.1163/9789004308107_002","DOIUrl":"https://doi.org/10.1163/9789004308107_002","url":null,"abstract":"","PeriodicalId":162393,"journal":{"name":"Israel Yearbook on Human Rights, Volume 40 (2010)","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121234108","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Detention Operations in Iraq: A View from the Ground","authors":"Brian J. Bill","doi":"10.1163/9789004308107_005","DOIUrl":"https://doi.org/10.1163/9789004308107_005","url":null,"abstract":"F many, detention operations in Iraq will be forever linked with the criminal abuses that occurred in Abu Ghraib.1 The ensuing efforts to assign personal responsibility to those involved satisfied some proportion of the public and left others demanding more. As the story eventually faded from the front pages, public interest in detention operations in Iraq faded as well, and many could be forgiven the assumption that such operations had all but ended in the wake of Abu Ghraib. Yet detention operations did not end in Iraq. Indeed, they expanded well beyond the scope that many believed possible earlier. At their height in late 2007, coalition forces2 were detaining in excess of 26,000 persons within Iraq. But like the dog that didn’t bark, the later operations failed to attract any significant notice, despite their extensive nature. This article will attempt to shed some light on subsequent detention operations conducted by the coalition forces, focusing on those aspects associated with the legal authorities to detain and release detainees. Part I will discuss the legal background against which detention of persons is authorized during conflicts and other operations. Part II will describe in some detail the command structure of the operation and the applicable regulatory guidance, and then will explain the various review processes by which detainees were initially interned and then eventually released. Because the author’s experience in","PeriodicalId":162393,"journal":{"name":"Israel Yearbook on Human Rights, Volume 40 (2010)","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114669690","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Islam and International Humanitarian Law: A Question of Compatibility?","authors":"R. Barnidge","doi":"10.1163/9789004308107_013","DOIUrl":"https://doi.org/10.1163/9789004308107_013","url":null,"abstract":"","PeriodicalId":162393,"journal":{"name":"Israel Yearbook on Human Rights, Volume 40 (2010)","volume":"80 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133592298","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The International Humanitarian Law Classification of Armed Conflicts in Iraq Since 2003","authors":"D. Turns","doi":"10.1163/9789004308107_004","DOIUrl":"https://doi.org/10.1163/9789004308107_004","url":null,"abstract":"A armed conflict, within the meaning of international humanitarian law (IHL), began in Iraq when that country was invaded by military forces of the coalition composed primarily of the United States, the United Kingdom and Australia in March 2003. It continues to this day, notwithstanding a certain decline in intensity since the British withdrawal in July 2009 and the reorganization of US forces under a new security agreement with the Iraqi government in December of the same year. Over the course of its duration, the Iraq conflict has undergone three definite mutations in terms of its participants, mutations which have had the effect of altering its characterization under IHL. The four phases of the conflict have been as follows:","PeriodicalId":162393,"journal":{"name":"Israel Yearbook on Human Rights, Volume 40 (2010)","volume":"118 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128184070","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Was the 2003 Invasion of Iraq Legal?","authors":"A. E. Wall","doi":"10.1163/9789004308107_003","DOIUrl":"https://doi.org/10.1163/9789004308107_003","url":null,"abstract":"D of the jus ad bellum and the Iraq war is anything but simple and uncontroversial. There is certainly no shortage of opinions on the subject. One of the author’s favorite quotes is from General Wesley Clark, who said the 2003 invasion was legal, but illegitimate.1 You will appreciate the irony if you remember that the Independent International Commission on Kosovo established by the United Nations called General Clark’s 1999 Kosovo campaign illegal, but legitimate.2 When several leading international law professors were asked by a British newspaper, “Was the 2003 Iraq war legal?” their responses were illustrative.3 Professor Malcom Shaw replied: “[O]n the basis of the intelligence we had at the time and the publicly available knowledge, there was a credible and reasonable argument in favor of the legality of the war.” Professor Christine Chinkin answered “no” because she believed UN Security Council Resolution 1441 preserved for the Security Council the decision on enforcement action. Professor Sir Adam Roberts replied: “There was in principle a possible case for the lawfulness of resort to war by the US and its small coalition.” Professor James Crawford answered simply: “It comes down to a political judgment.” Unfortunately this author thinks Professor Crawford’s statement is quite accurate, as it reflects the truism that law and policy are mutually affecting; nowhere is","PeriodicalId":162393,"journal":{"name":"Israel Yearbook on Human Rights, Volume 40 (2010)","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128860905","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}