Article

International humanitarian law in the Iraq conflict

by Knut Dörmann and Laurent Colassis

• German yearbook of international law, Vol. 47, 2004, p. 293-342

English

Photocopies

The authors discuss IHL in the context of armed hostilities in Iraq from 2003 onwards. In considering the IHL obligations incumbent upon the parties to the conflict in Iraq, the authors highlight the integral role of the Geneva Conventions. The authors also argue that while neither the U.S. nor Iraq had then acceded to Additional Protocol I, customary international law filled any regulatory gap, providing additional legal rights and responsibilities that are essentially consistent with the provisions of the Protocol. The authors note a number of challenges in applying IHL to the Iraq conflict. The authors discuss the special responsibilities of Occupying Powers, and complications surrounding the eventual turnover to domestic government. Further complications in the application of IHL to the Iraq conflict include the shift to a non-international armed conflict; protections for prisoners; the use of private contractors for military purposes; “ghost detainees”; and the difficulty in determining legal combatant status in such contexts. The authors conclude by stating that the structure of IHL as it currently exists is fairly sound. The real problem, they contend, lies in enhancing implementation and compliance. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]

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