| Submit your comments on this article |
| Iraq-Jordan |
| Explanations of Sovereignty for Iraq |
| 2004-05-31 |
| From The Council on Foreign Relations How much authority can Iraqâs interim government exercise? President Bush said May 24 that the interim Iraqi government taking over for U.S-led occupying authorities on June 30 will be a âgovernment of Iraqi citizensâ with âfull sovereignty.â It will, he said, run the day-to-day affairs of Iraqâs 26 ministries, prepare the country for national elections by January 2005, and help U.S. forces create Iraqi security services that will eventually take responsibility from foreign troops. But whether that amounts to âfull sovereigntyâ is open to question. âWe are essentially ceding legal authority to an interim government to be named with limited competency and questionable legitimacy,â says Lee Feinstein, senior fellow in U.S. foreign policy and international law at the Council on Foreign Relations. What is âsovereigntyâ? There is no single legal definition. It is usually defined in political terms, says Jose E. Alvarez, professor of international law at Columbia University. Blackâs Law Dictionary defines sovereignty as âthe supreme, absolute, and uncontrollable power by which any independent state is governed.â The definition adds that it is âthe power to do everything in a state without accountability, to make laws, to execute and to apply them, to impose and collect taxes and levy contributions, to make war or peace, to form treaties of alliance or of commerce with foreign nations, and the like.â The modern concept of sovereignty includes three basic components: international political sovereignty, legal sovereignty, and de facto sovereignty, says Noah Feldman, a law professor at New York University and a former adviser to the Coalition Provisional Authority in Iraq. Which of these aspects of sovereignty will the interim government have? Based on Bushâs speech and a U.S.-British draft U.N. Security Council resolution submitted May 24, it appears Iraq will have the first two components of sovereignty but not the third, some experts say. The interim government will be able to enter into relationships with other nations and receive foreign ambassadors in Baghdad. It will also be officially recognized as the legal government of the Iraqis. But the de facto sovereignty of the new government will be severely curtailed by the continuing presence of 138,000 U.S. forces in Iraq and the inability of the new Iraqi government to defend itself against armed challenges. In addition, it appears that the government canât make laws or long-term international agreements before January 2005, when a national election for a transitional assembly is scheduled. U.S. officials have said the interim government wonât have these powers, and the U.N. resolution and President Bushâs May 24 speech were silent on the issue. âWe are creating a situation in which the legal authority is in one place and the power is elsewhere,â Feinstein says. Other questions answered: What is President Bushâs plan for Iraq? How will the United Nations select members of the new government? How many Iraqis is Brahimi choosing? Will most Iraqis have a say in the choice? How is power distributed among the top four posts? Will the leaders be technocrats or politicians? Which politicians are under consideration? What will the U.S. role be after June 30? Is violence in Iraq likely to increase after June 30? When will the Iraqi security forces be ready to secure the country? What limits will exist on Iraqi authority after June 30? Which laws will be in effect after June 30? How much authority will Iraqis have over their military? Can the interim Iraqi government ask U.S. forces to leave? What is the rationale for refusing to grant the interim government broader authority? Are arguments over the resolution expected at the United Nations? |
| Posted by:Mike Sylwester |