Occupation in Iraq since 2003 and the powers of the UN Security Council

31-03-2008 International Review of the Red Cross No 869, p. 29-50 by Robert Kolb

This article provides a summary analysis of the topical question as to how far the Security Council may derogate from occupation law. The answer is that the Council may not derogate from those provisions of IHL that are of a specifically humanitarian nature (humanitarian ordre public), that derogations from international law or IHL are in any case not to be presumed, and that the Council has not derogated in any way from occupation law in the case of the Iraqi occupation since 2003.

Robert Kolb is professor of public international law at the universities of Geneva and Neuchâtel.

Abstract

This article provides a summary analysis of the topical question of how far the Security Council may derogate from occupation law. The answer is that the Council may not derogate from those provisions of IHL that are of a specifically humanitarian nature (humanitarian ordre public), that derogations from international law or IHL are in any case not to be presumed and that the Council has not derogated in any way from occupation law in the case of the occupation of Iraq since 2003.

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