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Context of 'March 8, 2004: Iraq’s Interim Governing Council Agrees on Constitution for Transitional Period'

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Article 43 of the 1907 Hague IV convention on “Laws and Customs of War on Land” states that “[t]he authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.” Article 55 states, “The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.” Most legal experts interpret these provisions to mean that an occupying military power cannot change the laws of a country it occupies. [Hague Convention IV, 10/18/1907; Whyte, 3/2007, pp. 181]

Timeline Tags: Iraq under US Occupation

The UN Security Council unanimously passes Resolution 1483, which lifts sanctions on Iraq, legitimizes the occupation by coalition forces, and gives the occupying powers control over Iraq’s natural resources. The resolution also states that coalition authorities must “comply fully with their obligations under international law including in particular the Geneva Conventions of 1949 and the Hague Regulations of 1907.” The Hague Regulations require that occupying powers respect the laws of the country it occupies. Additionally, the resolution creates the Development Fund for Iraq (DFI), which is to be funded with Iraqi oil revenues, frozen Iraqi assets being held outside the US, and $8.1 billion in funds transferred from the UN-administered Oil-for-Food program. The resolution mandates that Iraq’s DFI funds be “in a transparent manner to meet the humanitarian needs of the Iraqi people… and for other purposes benefiting the people of Iraq.” It requires that management of the funds “be audited by independent public accountants approved by the International Advisory and Monitoring Board of the Development Fund for Iraq.” [UN Security Council, 5/22/2003, pp. 4 pdf file; Guardian, 5/23/2003]

Entity Tags: Development Fund for Iraq, United Nations Security Council

Timeline Tags: Iraq under US Occupation

Paul Bremer meets with President Bush in Washington for a private meeting. The Coalition Provision Authority’s effort to implement a number of structural changes to Iraq’s economy is failing, and Washington needs to rethink its strategy. Members of the US-backed Iraqi interim government oppose the changes, and corporate attorneys are advising their clients that Bremer’s orders opening up Iraq to foreign investment could be challenged by a future Iraqi government on the basis that the orders violated UN Resolution 1483 (see May 22, 2003). That resolution stated that the US and Britain were bound to the Hague Regulations of 1907, which bars occupying powers from changing the laws of the occupied country (see October 18, 1907). If corporations purchase Iraqi state assets, and a future elected government declares Bremer’s orders illegal, the companies could lose their investments, the lawyers warn. The risk is so great that not a single insurance company is willing to insure its corporate clients for the “political risk” of losing their investment to expropriation. Bremer returns to Iraq from Washington with a Plan B. On June 30, the Coalition Provisional Authority will be dissolved and the sovereignty of Iraq will be turned over to a US-backed transitional government. That government will be bound by an “interim constitution” (see March 8, 2004), which will contain a clause barring the transitional government from modifying any of Bremer’s laws. [Harper's, 9/24/2004]

Entity Tags: L. Paul Bremer, George W. Bush

Timeline Tags: Iraq under US Occupation

The US-appointed Iraqi Interim Governing Council signs the Transitional Administrative Law (TAL), providing a timetable for the establishment of a representative government in Iraq. The TAL will serve as the country’s constitution during the transitional period, set to begin on June 30, 2004. On that date, the CPA will be dissolved and power will be transferred to a transitional government (This will actually happen on June 28; see June 28, 2004), which will rule Iraq until an elected government has been established. According to the TAL, the National Assembly will be elected in January 31, 2005 and charged with the task of writing a constitution that will be subjected to popular referendum no later than October 15, 2005. Finally, an elected government must be established no later than December 31, 2005. The TAL also includes provisions that place certain restrictions on the transitional government, such as one stating that all “laws, regulations, orders, and directives issued by the Coalition Provisional Authority” will remain in force during this period. [Iraq Transitional Administrative Law, 3/8/2004; CNN, 6/28/2004]

Entity Tags: Iraqi Governing Council

Timeline Tags: Iraq under US Occupation

The International Atomic Energy Agency (IAEA) warns L. Paul Bremer, the head of the US-led Coalition Provisional Authority (CPA), that it is likely the huge explosives cache at the Al Qaqaa military facility in northern Babil Province has been looted (see May 2003). In October 2004, a senior Bush administration official will admit that securing the facility was not a major priority at the time; officials were far more concerned with the transfer of authority to an Iraqi government (see June 28, 2004). “It’s not an excuse,” says the official. “But a lot of things went by the boards.” In October 2004, the IAEA will inform the US that at least 380 tons of explosives from the Al Qaqaa cache have gone missing (see October 10, 2004 and October 25, 2004). [New York Times, 10/25/2004]

Entity Tags: L. Paul Bremer, Bush administration (43), International Atomic Energy Agency, Coalition Provisional Authority

Timeline Tags: Iraq under US Occupation

Ayatollah Sistani warns in a letter to the United Nations that the Security Council’s forthcoming resolution (see June 8, 2004) on the transfer of sovereignty to Iraq must not contain any references to the interim constitution known as the Transitional Administrative Law (see March 8, 2004) because that document “runs counter to the will of the Iraqi people.” Sistani writes: “This law, which has been written by an unelected council under the occupation and its direct influence, restricts the national [body] due to be elected at the beginning of the new year to draft Iraq’s permanent constitution. This runs against law and is rejected by the majority of the Iraqi people.” [Associated Press, 6/9/2004]

Entity Tags: Sayyid Ali Husaini al-Sistani

Timeline Tags: Iraq under US Occupation

The United Nations Security Council unanimously passes Resolution 1546, formally transferring control of Iraq’s political and economic affairs to an interim government. While the resolution states that Iraq’s government has “full sovereignty,” the Iraqis will not have authority over the activities of the 160,000-strong US-led multinational force. Rather the resolution only states that the coalition forces have the right to “take all necessary measures to contribute to the maintenance of security and stability in Iraq,” albeit in a “security partnership” with the government. If the Iraqi government objects to a military operation in the country, its only option is to veto the participation of Iraqi personnel. This means, for example, that US and British forces retain the right to detain Iraqis, search homes, and respond to perceived threats employing whatever force they deem necessary, without approval from Iraq’s government. The French and Germans had proposed a provision that would have given the Iraqi government veto power over any military operations it objects to, but the US would not agree to it. The resolution does allow the Iraqi government to order the withdrawal of all international troops, however as observers have noted, given the current security situation, that is an unlikely scenario. [United Nations, 6/8/2004; New York Times, 6/9/2004] In spite of Kurdish demands, the resolution makes no references to Iraq’s interim constitution (see March 8, 2004), which Ayatollah Sistani has said is “counter to the will of the Iraqi people” (see June 8, 2004). The Kurds wanted the UN to affirm the validity of the interim constitution because it includes a clause that would give the Kurdish minority more leverage in crafting the country’s permanent constitution. Another provision in the constitution asserts that the interim government is bound by the laws passed under the authority of the Coalition Provisional Authority. However many Iraqis oppose the laws that were passed by the CPA because those laws made drastic changes to Iraq’s economic policy, opening it up to unrestricted foreign investment. The absence of any reference to the interim constitution in the resolution undermines the validity of the constitution and Bremer’s laws, according to some experts and officials. [New York Times, 6/9/2004] Main points of the resolution include:
bullet A national conference of political, religious, and tribal representatives shall convene in July to choose consultative counsels that will advise the interim government.
bullet Elections will be held for a transitional national assembly no later than January 31, 2005. The assembly will form a transitional government, which will draft a permanent constitution. Iraqis will then have elections for a full-term government no later than December 31, 2005.
bullet The multinational force in Iraq will help the Iraqi government recruit, train, and equip Iraqi security forces.
bullet The Iraqi government has sole authority for the disbursement of oil and gas revenues.
bullet The interim government must refrain “from taking any actions affecting Iraq’s destiny.”
bullet The UN mandate for the multinational force will expire after elections are held under a new constitution; however the council “will terminate this mandate earlier if requested by the government of Iraq.”
The resolution is the product of two weeks of negotiation, undergoing five revisions. The original draft was submitted on May 24. [Associated Press, 6/8/2003] On at least one occasion during this process, the Iraqi Governing Council had complained that its views were not being adequately represented in the Security Council. In one statement, the governing council said they wanted to discuss full Iraqi control of “the activities of the Iraqi armed forces and security forces.” The council also objected to any moves to grant foreign soldiers immunity from prosecution under Iraqi law. [Associated Press, 5/25/2003] Though the resolution’s final context contains no such provision, Paul Bremer will sign an extension (see June 27, 2004) to Order 17, which granted US personnel and contractors immunity from prosecution by the Iraq government.

Entity Tags: Germany, United Nations Security Council, Iraqi Governing Council, United States, France

Timeline Tags: Iraq under US Occupation

Cash shipments to Iraq by monthCash shipments to Iraq by month [Source: US Congress. House Committee on Government Reform] (click image to enlarge)The US Federal Reserve sends the Coalition Provisional Authority (CPA) in Baghdad $1.6 billion on giant pallets aboard military C-130 cargo planes. This is the last of a series of several shipments that began in April 2003 (see April 2003). The money was drawn from the Development Fund for Iraq (DFI)and special US Treasury accounts containing revenues from sales of Iraqi oil exports, surplus dollars from the UN-run oil-for-food program, and frozen assets that belonged to the government of Saddam Hussein. Most shipments were under $1 billion, except for this one and two others, one in December, and one just three days before (see December 12, 2003 and June 22, 2004). Together these shipments amount to $12 billion, some 363 tons of palleted cash. This shipment and the other June shipment of $2.4 billion (see June 22, 2004) account for almost half of the total amount shipped to Iraq. There will be no more shipments to the CPA after this date because on June 28, authority to govern Iraq, and hence the authority to manage Iraq’s funds, will be transferred to Iraq’s new Interim Government (see June 28, 2004). [US Congress, 2/6/2007 pdf file; Reuters, 2/7/2007]

Entity Tags: US Federal Reserve, Iraq

Timeline Tags: Iraq under US Occupation

One day before the dissolution of the Coalition Provisional Authority, Paul Bremer signs an extension to Order 17, which granted US personnel and contractors immunity from prosecution by the Iraq government. [Coalition Provisional Authority, 6/17/2004 pdf file] The extension will make it impossible for future Iraqi governments to recover funds that were wrongly paid to US contractors by the CPA. [Boston Globe, 4/16/2006]

Entity Tags: Coalition Provisional Authority, L. Paul Bremer

Timeline Tags: Iraq under US Occupation

The Coalition Provisional Authority (CPA) formally hands over Iraqi sovereignty to an interim government headed by Prime Minister Iyad Allawi. CPA administrator Paul Bremer, reading from a letter contained in the transfer document, says that with the transfer of power, the “Iraqi interim government will assume and exercise full sovereign authority on behalf of the Iraqi people.” [CNN, 6/28/2004] The transfer is done quickly and in private, with virtually no media presence. Bremer leaves the country after telling reporters he will fly out on one plane, then secretly boarding a second plane. Diplomat Peter Galbraith will later write, “What started with neoconservative fantasies of cheering Iraqis greeting American liberators with flowers and sweets ended with a secret ceremony and a decoy plane.” [Rich, 2006, pp. 127]

Entity Tags: Peter Galbraith, Coalition Provisional Authority, Iyad Allawi, L. Paul Bremer

Timeline Tags: Iraq under US Occupation

Hours after the Coalition Provisional Authority hands over Iraqi sovereignty to an interim government (see June 28, 2004), the CPA sends requests to the Federal Reserve Bank in New York asking that an additional $1 billion be withdrawn from Iraq’s accounts at the Federal Reserve and be shipped to Iraq. The request is rejected on grounds that the CPA no longer has authority to manage Iraq’s assets. Since April, the Federal Reserve has shipped some $12 billion dollars to the CPA. Five billion of this was sent just within the last six days (see June 22, 2004 and June 25, 2004). A Federal Reserve document states that “effective as of the time AMB Bremer transferred authority (which is being reported in the press as 10:26 am in Baghdad), the CPA no longer had control over Iraq’s assets…. [S]ubsequent to transfer of sovereignty, COL Davis of the CPA sent us $200 million in payment orders to be executed today in New York. We have informed the Colonel that we are not in a position to honor these instructions. Second, also subsequent to the transfer of sovereignty, COL Davis sent us an instruction to transfer $800 million from the DFI main account into the new DFI subaccount, which we understand informally was created by AMB Bremer to hold funds that are ear marked internally within Iraq for payments connected to existing contracts. We have also informed COL Davis that we are not in a position to honor this instruction either (especially since it would require liquidating $1 billion worth of the CBI’s [Central Bank of Iraq] holdings of USG [US Government] securities.” [US Congress, 2/6/2007, pp. 9 pdf file]

Entity Tags: Coalition Provisional Authority, US Federal Reserve

Timeline Tags: Iraq under US Occupation

A 1996 photograph of one of the Al Qaqaa storage bunkers.A 1996 photograph of one of the Al Qaqaa storage bunkers. [Source: New York Times]The US media learns that Iraq’s interim government reports that nearly 380 tons of powerful conventional explosives, used to demolish buildings, make missile warheads, and detonate nuclear weapons, are missing from a former military installation (see October 10, 2004). The facility, Al Qaqaa, was supposed to be under US control but in reality is “a no-man’s land,” in the words of the New York Times, “picked over by looters as recently as” October 24. UN inspectors and the International Atomic Energy Agency (IAEA) had monitored the huge cache of explosives for years. The IAEA says that machine tools usable for either nuclear or non-nuclear purposes are also missing. White House and Pentagon inspectors admit that the explosives disappeared some time after the US-led invasion of Iraq. National Security Adviser Condoleezza Rice was informed of the missing explosives within the last month; according to the Times, “[i]t is unclear whether President Bush was informed.” US officials began answering questions about the missing explosives after reporters from the Times and CBS’s “60 Minutes” began asking questions. The CIA’s Iraq Survey Group has been asked to investigate the disappearance.
Similar Explosives Used in Other Terrorist Attacks - The immediate concern, according to US officials, is the explosives’ possible use in major bombing attacks against American and/or Iraqi forces. The explosives, mainly HMX and RDX, can be used in bombs strong enough to destroy airplanes or large buildings. The Times notes that the bomb that brought down Pan Am Flight 103 over Lockerbie, Scotland (see After December 21, 1988) used less than a pound of such explosive. Larger amounts of the same kinds of explosives were used in the November 2003 Riyadh bombings (see May 12, 2003) and a September 1999 bombing of a Moscow apartment complex (see September 9, 1999 and September 13, 1999). The explosives can also be used to trigger a nuclear weapon, the primary reason why it had been, until the invasion, monitored by UN inspectors from the IAEA.
Repeated IAEA Warnings - The IAEA had publicly warned about the danger of the Al Qaqaa explosives before the invasion, and after the overthrow of the Iraqi government, IAEA officials specifically told US officials that they needed to keep the facility locked down (see May 2003). Pentagon spokesman Lawrence Di Rita says that the missing explosives need to be kept in perspective, as US and allied forces “have discovered and destroyed perhaps thousands of tons of ordnance of all types.” Iraq’s Minister of Science and Technology, Dr. Rashad Omar, tells Times and CBS reporters: “Yes, they [the 380 tons of explosives] are missing. We don’t know what happened.” Omar says that after the invasion, Al Qaqaa was the responsibility of the Coalition Provisional Authority, which served as Iraq’s de facto government until June 2004 (see June 28, 2004). “After the collapse of the regime, our liberation, everything was under the coalition forces, under their control,” he says. “So probably they can answer this question, what happened to the materials.” The CPA is defunct; Bush administration officials say they don’t know where the explosives could be. One senior official says that the Qaqaa complex was listed as a “medium priority” site on the CIA’s list of more than 500 sites that needed to be searched and secured during the invasion. “Should we have gone there? Definitely,” says one senior official. Another senior official says that US soldiers gave the Qaqaa facility a cursory inspection during the push towards Baghdad in early April, but “saw no bunkers bearing the IAEA seal.”
Refusal to Allow IAEA Inspections after Occupation - Satellite photos taken in late 2003 showed that two of the ten bunkers containing HMX had exploded, presumably from bombing during the US offensive, but eight remained relatively intact. The Bush administration refused to let the IAEA back into Iraq to inspect and verify the Qaqaa facility or any of the other stockpiles formerly monitored by IAEA officials. By May 2004, the IAEA was warning CPA officials that the facility had probably been looted (see May 2004).
More Unguarded Stockpiles - Iraq is dotted with unguarded stockpiles of explosives, say US military and administration officials. One senior administration official notes, “The only reason this stockpile was under seal is because it was located at Al Qaqaa,” where nuclear work had gone on years ago. [New York Times, 10/25/2004]

Entity Tags: Lawrence Di Rita, New York Times, Condoleezza Rice, Coalition Provisional Authority, CBS News, Rashad Omar, US Department of Defense, International Atomic Energy Agency

Timeline Tags: Iraq under US Occupation

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