Legal status of US military presence in Iraq

[kyleb]

I've seen it claimed that under international law, we're still at war in Iraq. In contrast, I'm under the impression that the war ended the moment we replaced the Saddam regime with the Coalition Provisional Authority, with the status being one of military occupation since then. My basis for this understanding is the http://www.icrc.org/ihl.nsf/FULL/195", specifically:

Art. 42. Territory is considered occupied when it is actually placed under the authority of the hostile army.
The occupation extends only to the territory where such authority has been established and can be exercised.

So, while the CPA has since been dissolved and partial sovereignty handed over to the new Iraqi government, I'm left to believe our ongoing military presence in Iraq remains one of occupation under international law. If there is any rational basis for claims to the contrary, please share.

 

[MotoH]

Iraq has its own government, and its own military. We are there as a supplement to help keep the peace by request of the Iraqi government.

 

[zomgwtf]

In my opinion there is still a war going on over in Iraq. Not the original war that Bush had started with the invasion of Iraq. There are wayyyy too many groups in Iraq battling it out now. America is still there and is still involved, I believe it's official involvment is more of a supporting role and 'assisting' role but they are definately still in an ongoing war in Iraq.

I think it was Colin Powell that warned Bush about the war: 'You break it; you own it.' Too true.

 

[CRGreathouse]

So, while the CPA has since been dissolved and partial sovereignty handed over to the new Iraqi government, I'm left to believe our ongoing military presence in Iraq remains one of occupation under international law.

If the Iraqi government wants US forces to be there, I'm pretty sure that removes any possibility of calling it an occupation. Is the US occupying Japan?

 

[zomgwtf]

If the Iraqi government wants US forces to be there, I'm pretty sure that removes any possibility of calling it an occupation. Is the US occupying Japan?

The problem as I see it though is that the government is suppoesd to be representative of the people. (It is a democratic state pretty much now right?)

EDIT: Not that this truly matters at all, America has to stay there. Iraq can not support itself. Imagine if America did leave, what would al Qaeda or the Taliban have to say about that huh? They would just leave Iraq too? Iraq wasn't a sponsor of terrorism prior to the war and I highly doubt America wants to turn it into one after the war.

 

[MotoH]

Baath Party Loyalists, Al-Qaeda in Iraq, Mahdi Army, Islamic Army of Iraq, Jamaat Ansar al-Sunnah. Those are all of the terrorist organizations operating in Iraq. They are all fighting each other to gain more power. If the US were to leave right now, whoever was the strongest would seize power and reek havoc on all of the other groups.

 

[Evo]

OP has been answered. Deleted OP post on conspiracy theory.