Peace in Iraq

Armed Conflict: Restoration of Peace and Security in Iraq in 2013

United States views on international law [1] in relation to Armed Conflict: Restoration of Peace and Security in Iraq: (1) UN Security Council resolution 2107

On June 27, 2013, the UN Security Council unanimously adopted resolution 2107, which removes from Iraq most of its obligations under Chapter VII of the UN Charter. The obligations removed from Iraq include those concerning the return of remains and property of Kuwaiti and third-country nationals. The resolution calls on the Iraqi Government to continue cooperation with the International Committee of the Red Cross (“ICRC”) by providing information on the Kuwaiti and third-country nationals and facilitating the ICRC's search for missing persons, and to continue efforts to search for missing Kuwaiti property. The resolution also tasks the Special Representative of the Secretary-General and the Head of the United Nations Assistance Mission for Iraq (“UNAMI”) with further facilitating the return of such remains and property. Iraq remains under the obligation to pay outstanding U.N. Compensation Commission awards, which Iraq is anticipated to complete in 2015. On June 28, 2013, Secretary Kerry made the following statement, available at (link resource) iraq.usembassy.gov/pr-062813.html, welcoming the steps that led to the conclusion of resolution 2107:

The United States congratulates the Governments of Iraq and Kuwait on successfully resolving key bilateral and international issues over the past year, which helped result in today's milestone decision by the UN Security Council. It's testament to the commitment of two neighbors to a new relationship that we're witnessing the transfer of the Chapter VII mandate and responsibilities of the UN High-Level Coordinator for Gulf War Missing Kuwaiti and Third-Country Nationals and the Return of Kuwaiti Property to the UN Assistance Mission in Iraq.

We further welcome the completion of the border maintenance work and the establishment of technical arrangements between Iraq and Kuwait as recommended by the United Nations Iraq-Kuwait Boundary Demarcation Commission. As I discussed during my visit to Kuwait yesterday, we will continue to support both Kuwait and Iraq so they continue to build further confidence and cooperation, strengthen their relationship, and enhance regional stability.

Some Aspects of Armed Conflict: Restoration of Peace and Security in Iraq

(2) Continuation of national emergency

As discussed in this world legal encyclopedia (in relation to issues that took place in the year 2011) at 508-09, President Obama has annually continued the national emergency declared by Executive Order 13303 with respect to the stabilization of Iraq. The President continued the national emergency again in 2013. 78 Fed. Reg. 30,195 (May 21, 2013). By continuing the national emergency, the President also extended the extraordinary immunities for the Development Fund for Iraq another year, though both countries agreed that it would be the final such extension. See Chapter 18.A.3.a. for a discussion of the meetings of the U.S.-Iraqi Political and Diplomatic Joint Coordination Committee (“PDJCC”).

Resources

Notes

1. Armed Conflict: Restoration of Peace and Security in Iraq in the Digest of United States Practice in International Law