The Law of Occupation and Criminal Prosecution - A Perspective in Iraq
NAVAL WAR COLL NEWPORT RI JOINT MILITARY OPERATIONS DEPT
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The United States has declared a Global War on Terrorism and conducted military operations in Iraq. As the coalition operation has not been completed yet, and there is currently much turmoil in the country, the future of Iraq is still unknown. One issue worthy of discussion is the role coalition forces have taken with the detention of and prosecution method for persons committing crimes during the occupation of Iraq. It is important to know that as the phases of the operation have changed, so have the rules or laws. Once major combat operations have ceased, military forces are following the laws of occupation. During the occupation, military forces are often the target of violence from guerillas, terrorists, insurgents and common criminals. Because the rules of warfare have changed during the transition, the way in which these perpetrators of violence are handled also needs to change. The transition phase from military combat operations to occupation is of critical importance. The warfare commander and the staff must recognize the importance of the law of occupation and how to prosecute insurgents. They must also effectively plan and incorporate the legal process while achieving the stated objectives and desired end state.
- Sociology and Law
- Military Operations, Strategy and Tactics