10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

The 1954 Hague Cultural Property Convention and the Regulations for the Execution ofthe 1954 Hague Cultural Property Convention also have provisions that explicitly addressoccupation. 1711.1.2.5 Occupation and U.N. Security Council Resolutions. The U.N. SecurityCouncil may call upon Occupying Powers to comply with existing international law. 18Acting under the Charter of the United Nations, the U.N. Security Council may alsoestablish authorities or limitations that might interact with those otherwise applicable underoccupation law. 19 For example, a U.N. Security Council authorization may provide additionalauthority for an Occupying Power to govern occupied territory. 20In cases of conflict with obligations in other treaties or under customary internationallaw, such obligations provided by the U.N. Security Council may prevail. 21 Thus, such authoritymay be used to take action that would not otherwise be permissible under the law of belligerentoccupation.11.1.2.6 Occupation and the ICCPR and Other Human Rights Treaties. It hasbeen the U.S. view that the International Covenant on Civil and Political Rights (ICCPR) doesnot create obligations for an Occupying Power with respect to occupied territory because acontracting State’s obligations under the ICCPR only extend to persons within its territory and17 Refer to § 11.19 (Protection of Cultural Property During Occupation).18 For example, U.N. SECURITY COUNCIL RESOLUTION 1483, U.N. Doc. S/RES/1483, 5 (May 22, 2003) (“Callsupon all concerned to comply fully with their obligations under international law including in particular the GenevaConventions of 1949 and the Hague Regulations of 1907;”).19 For example, John B. Bellinger, III, Legal Adviser, Department of State, United Nations Security CouncilResolutions and the Application of International Humanitarian Law, Human Rights and Refugee Law, Sept. 9, 2005,2005 DIGEST OF UNITED STATES PRACTICE IN INTERNATIONAL LAW 957-58 (“Prior to the Iraq intervention, lawyersfor the United States and its Coalition partners thoroughly analyzed a complex range of issues related to theexpected occupation of Iraq. This review involved developing an understanding of how the law of occupation—inparticular the Hague Regulations and Geneva Convention—would likely apply to Coalition activities. At the sametime, there already existed a broad and complex range of Chapter VII Security Council resolutions addressing anumber of issues, including Iraqi requirements to disarm, economic and arms embargos, and restrictions related tothe production and sale of Iraqi petroleum products. As the Coalition analyzed the principles of occupation law, wewere careful also to analyze the extent to which pre-existing Chapter VII resolutions included provisions that mightthemselves establish authorities or limitations that might interact with those otherwise applicable under occupationlaw.”).20 For example, U.N. SECURITY COUNCIL RESOLUTION 1483, U.N. Doc. S/RES/1483, 4 (May 22, 2003) (“Callsupon the Authority, consistent with the Charter of the United Nations and other relevant international law, topromote the welfare of the Iraqi people through the effective administration of the territory, including in particularworking towards the restoration of conditions of security and stability and the creation of conditions in which theIraqi people can freely determine their own political future;”); Coalition Provisional Authority Regulation No. 1,§1(1) (May 16, 2003) (“The CPA is vested with all executive, legislative and judicial authority necessary to achieveits objectives, to be exercised under relevant U.N. Security Council resolutions, including Resolution 1483 (2003),and the laws and usages of war. This authority shall be exercised by the CPA Administrator.”).21 Refer to § 1.11.2.1 (U.N. Member State Obligations With Respect to U.N. Security Council Decisions); § 3.5.4(U.N. Security Council Decisions and Jus in Bello).739

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!