DOCSLIB.ORG

Iraq: Post-Saddam Governance and Security

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Iraq: Post-Saddam Governance and Security Iraq: Post-Saddam Governance and Security Kenneth Katzman Specialist in Middle Eastern Affairs October 28, 2009 Congressional Research Service 7-5700 www.crs.gov RL31339 CRS Report for Congress Prepared for Members and Committees of Congress Iraq: Post-Saddam Governance and Security Summary The Obama Administration is facing a security environment in Iraq vastly improved over that which prevailed during 2005-2007, although still not completely peaceful or without potential to deteriorate significantly. The overall frequency of violence is down to post-Saddam low levels, yet, since May 2009, insurgents have increased high profile attacks and the Obama Administration appears increasingly concerned about Iraq’s ability to maintain security. These attacks did not derail the June 30, 2009, U.S. withdrawal of combat troops from major cities and have not, to date, caused a modification of the February 27, 2009, announcement by President Obama that all U.S. combat brigades would be withdrawn by August 31, 2010. This would leave a residual presence of 35,000–50,000 U.S. trainers, advisers, and mentors, with these to be withdrawn by the end of 2011. The drawdown is in line with a U.S.-Iraq “Security Agreement” that took effect January 1, 2009. Despite the fact that recent high profile attacks have not stimulated a return to sectarian warfare in Iraq, some U.S. officials believe that a U.S. military presence might be needed beyond 2011 to ensure further political progress and produce a unified, democratic Iraq that can govern and defend itself and is an ally in the war on terror. Others worry that the many remaining political disputes among Iraqi factions—and particularly between the Kurds and the central government— could escalate and reignite civil conflict; this concern was a theme of the three day visit to Iraq by Vice President Biden during the July 4, 2009, weekend. The political disputes were a factor in the competition for January 31, 2009, provincial elections, and are continuing as Iraq heads toward the next national elections in January 2010. The provincial elections went ahead peacefully and produced a victory for Prime Minister Nuri al-Maliki and his allies, but also exposed splits between Maliki and other erstwhile Shiite allies. These former allies, in August 2009, formed a new coalition to compete against Maliki’s slate in the upcoming elections. The security progress in 2008 and 2009 came after several years of frustration that Operation Iraqi Freedom had overthrown Saddam Hussein’s regime, only to see Iraq wracked by a violent Sunni Arab-led insurgency, resulting Sunni-Shiite sectarian violence, competition among Shiite groups, and the failure of Iraq’s government to equitably administer justice or deliver services. Mounting U.S. casualties and financial costs—without clear movement toward national political reconciliation—stimulated debate within the 110th Congress over whether a stable Iraq could ever be achieved, and at what cost. With an apparent consensus within the Administration to wind down the U.S. combat in Iraq, U.S. economic and security aid to Iraq has been reduced since FY2008. For further information, see CRS Report RS21968, Iraq: Politics, Elections, and Benchmarks, by Kenneth Katzman, Iraq: Politics, Elections, and Benchmarks, by Kenneth Katzman; and CRS Report RL31833, Iraq: Reconstruction Assistance, by Curt Tarnoff. Congressional Research Service Iraq: Post-Saddam Governance and Security Contents Policy in the 1990s Emphasized Containment .............................................................................3 The Clinton Administration, the Iraq Liberation Act, and Major Anti-Saddam Factions .............................................................................................................................3 Post-September 11, 2001: Regime Change and War.....................................................................6 Operation Iraqi Freedom (OIF)..............................................................................................7 Congressional and Security Council Action.....................................................................8 Post-Saddam Transition and Governance.....................................................................................9 Transition Process.................................................................................................................9 Occupation Period/Coalition Provisional Authority (CPA)...............................................9 Transitional Administrative Law (TAL).........................................................................10 Sovereignty Handover/Interim (Allawi) Government ....................................................10 Elections in 2005 ......................................................................................................... 11 Political Reconciliation, 2009 Elections, and “Benchmarks”................................................ 11 January 31, 2009, Provincial Elections and Context.......................................................12 New Coalitions and Elections Going Forward ...............................................................14 Iraqi Pledges and Status of Accomplishment .................................................................16 Regional and International Diplomatic Efforts to Promote Iraq Stability........................16 Human Rights and Rule of Law ....................................................................................17 U.N. Involvement in Governance Issues........................................................................19 Economic Reconstruction and U.S. Assistance ..........................................................................19 Oil Revenues ................................................................................................................20 Lifting U.S. Sanctions...................................................................................................21 Debt Relief/WTO Membership/IMF..............................................................................22 Security Challenges and Responses...........................................................................................22 Sunni Arab-Led Insurgency and Al Qaeda in Iraq................................................................23 Sunni “Awakening” and “Sons of Iraq” Fighters............................................................24 Sectarian Violence and Shiite Militias/Civil War .................................................................26 Shiite-on-Shiite Violence/March 2008 Basra Battles......................................................27 Iranian Support .............................................................................................................28 Iraq’s Northern Border ........................................................................................................29 The Current Situation and U.S. Drawdown Plans ................................................................30 Troop Withdrawal Plan .................................................................................................31 Building Iraqi Security Forces (ISF)....................................................................................32 ISF Weaponry ...............................................................................................................33 Coalition-Building and Maintenance ...................................................................................36 Coalition Mandate/SOFA....................................................................................................37 U.S.-Iraq Security Agreement........................................................................................38 Iraq Study Group Report, Legislative Proposals, and Options for the Obama Administration.......................................................................................................................40 Iraq Study Group Report .....................................................................................................40 Further Options: Altering Troop Levels or Mission..............................................................41 Further Troop Increase ..................................................................................................41 Immediate and Complete Withdrawal............................................................................41 Withdrawal Timetable...................................................................................................42 Troop Mission Change..................................................................................................43 Congressional Research Service Iraq: Post-Saddam Governance and Security Planning for Withdrawal ...............................................................................................43 Requiring More Time Between Deployments ................................................................43 Stepped Up International and Regional Diplomacy..............................................................44 Reorganizing the Political Structure, and “Federalism”........................................................44 Reorganize the Existing Power Structure.......................................................................44 Support the Dominant Factions .....................................................................................45 “Federalism”/Decentralization/Break-Up Options .........................................................45
Load more

Recommended publications
  • Geopolitics, Oil Law Reform, and Commodity Market Expectations
    OKLAHOMA LAW REVIEW VOLUME 63 WINTER 2011 NUMBER 2 GEOPOLITICS, OIL LAW REFORM, AND COMMODITY MARKET EXPECTATIONS ROBERT BEJESKY * Table of Contents I. Introduction .................................... ........... 193 II. Geopolitics and Market Equilibrium . .............. 197 III. Historical U.S. Foreign Policy in the Middle East ................ 202 IV. Enter OPEC ..................................... ......... 210 V. Oil Industry Reform Planning for Iraq . ............... 215 VI. Occupation Announcements and Economics . ........... 228 VII. Iraq’s 2007 Oil and Gas Bill . .............. 237 VIII. Oil Price Surges . ............ 249 IX. Strategic Interests in Afghanistan . ................ 265 X. Conclusion ...................................... ......... 273 I. Introduction The 1973 oil supply shock elevated OPEC to world attention and ensconced it in the general consciousness as a confederacy that is potentially * M.A. Political Science (Michigan), M.A. Applied Economics (Michigan), LL.M. International Law (Georgetown). The author has taught international law courses for Cooley Law School and the Department of Political Science at the University of Michigan, American Government and Constitutional Law courses for Alma College, and business law courses at Central Michigan University and the University of Miami. 193 194 OKLAHOMA LAW REVIEW [Vol. 63:193 antithetical to global energy needs. From 1986 until mid-1999, prices generally fluctuated within a $10 to $20 per barrel band, but alarms sounded when market prices started hovering above $30. 1 In July 2001, Senator Arlen Specter addressed the Senate regarding the need to confront OPEC and urged President Bush to file an International Court of Justice case against the organization, on the basis that perceived antitrust violations were a breach of “general principles of law.” 2 Prices dipped initially, but began a precipitous rise in mid-March 2002.
    [Show full text]
  • The Regime Change Consensus: Iraq in American Politics, 1990-2003
    THE REGIME CHANGE CONSENSUS: IRAQ IN AMERICAN POLITICS, 1990-2003 Joseph Stieb A dissertation submitted to the faculty at the University of North Carolina at Chapel Hill in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of History in the College of Arts and Sciences. Chapel Hill 2019 Approved by: Wayne Lee Michael Morgan Benjamin Waterhouse Daniel Bolger Hal Brands ©2019 Joseph David Stieb ALL RIGHTS RESERVED ii ABSTRACT Joseph David Stieb: The Regime Change Consensus: Iraq in American Politics, 1990-2003 (Under the direction of Wayne Lee) This study examines the containment policy that the United States and its allies imposed on Iraq after the 1991 Gulf War and argues for a new understanding of why the United States invaded Iraq in 2003. At the core of this story is a political puzzle: Why did a largely successful policy that mostly stripped Iraq of its unconventional weapons lose support in American politics to the point that the policy itself became less effective? I argue that, within intellectual and policymaking circles, a claim steadily emerged that the only solution to the Iraqi threat was regime change and democratization. While this “regime change consensus” was not part of the original containment policy, a cohort of intellectuals and policymakers assembled political support for the idea that Saddam’s personality and the totalitarian nature of the Baathist regime made Iraq uniquely immune to “management” strategies like containment. The entrenchment of this consensus before 9/11 helps explain why so many politicians, policymakers, and intellectuals rejected containment after 9/11 and embraced regime change and invasion.
    [Show full text]
  • Blood and Ballots the Effect of Violence on Voting Behavior in Iraq
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Göteborgs universitets publikationer - e-publicering och e-arkiv DEPTARTMENT OF POLITICAL SCIENCE BLOOD AND BALLOTS THE EFFECT OF VIOLENCE ON VOTING BEHAVIOR IN IRAQ Amer Naji Master’s Thesis: 30 higher education credits Programme: Master’s Programme in Political Science Date: Spring 2016 Supervisor: Andreas Bågenholm Words: 14391 Abstract Iraq is a very diverse country, both ethnically and religiously, and its political system is characterized by severe polarization along ethno-sectarian loyalties. Since 2003, the country suffered from persistent indiscriminating terrorism and communal violence. Previous literature has rarely connected violence to election in Iraq. I argue that violence is responsible for the increases of within group cohesion and distrust towards people from other groups, resulting in politicization of the ethno-sectarian identities i.e. making ethno-sectarian parties more preferable than secular ones. This study is based on a unique dataset that includes civil terror casualties one year before election, the results of the four general elections of January 30th, and December 15th, 2005, March 7th, 2010 and April 30th, 2014 as well as demographic and socioeconomic indicators on the provincial level. Employing panel data analysis, the results show that Iraqi people are sensitive to violence and it has a very negative effect on vote share of secular parties. Also, terrorism has different degrees of effect on different groups. The Sunni Arabs are the most sensitive group. They change their electoral preference in response to the level of violence. 2 Acknowledgement I would first like to thank my advisor Dr.
    [Show full text]
  • A Legal Appraisal of Military Action in Iraq James P
    Naval War College Review Volume 57 Article 6 Number 3 Summer/Autumn 2004 A Legal Appraisal of Military Action in Iraq James P. Terry Follow this and additional works at: https://digital-commons.usnwc.edu/nwc-review Recommended Citation Terry, James P. (2004) "A Legal Appraisal of Military Action in Iraq," Naval War College Review: Vol. 57 : No. 3 , Article 6. Available at: https://digital-commons.usnwc.edu/nwc-review/vol57/iss3/6 This Article is brought to you for free and open access by the Journals at U.S. Naval War College Digital Commons. It has been accepted for inclusion in Naval War College Review by an authorized editor of U.S. Naval War College Digital Commons. For more information, please contact [email protected]. Terry: A Legal Appraisal of Military Action in Iraq A LEGAL APPRAISAL OF MILITARY ACTION IN IRAQ James P. Terry he determination by the George W. Bush administration to enter Iraq and Tremove the regime of Saddam Hussein from power in early 2003 followed twelve years of Iraqi violations of United Nations Security Council resolutions. Prior to the decision by the United States and its coalition partners to intervene in Iraq with military force, Saddam Hussein had done everything possible to avoid complying with the will of the international community. Of the twenty-six demands made by the Security Council since 1990, Iraq had com- plied with only three. Equally significant, the regime’s repression of the Iraqi people continued. The 2 October 2002 joint resolution of Congress authorizing the use of all means, including force, to bring Iraq into compliance was merely one of a series of actions by Congress to address Baghdad’s noncompliance with its interna- tional obligations.1 In 1998, for example, Congress James P.
    [Show full text]
  • Train and Equip Authorities for Syria: in Brief
    Train and Equip Authorities for Syria: In Brief Christopher M. Blanchard Specialist in Middle Eastern Affairs Amy Belasco Specialist in U.S. Defense Policy and Budget January 9, 2015 Congressional Research Service 7-5700 www.crs.gov R43727 Train and Equip Authorities for Syria: In Brief Summary The FY2015 continuing appropriations resolution (P.L. 113-164, H.J.Res. 124, FY2015 CR), enacted on September 19, 2014, authorized the Department of Defense (DOD) through December 11, 2014, or until the passage of a FY2015 national defense authorization act (NDAA), to provide overt assistance, including training, equipment, supplies, and sustainment, to vetted members of the Syrian opposition and other vetted Syrians for select purposes. The FY2015 NDAA (P.L. 113- 291, H.R. 3979) and the Consolidated and Further Continuing Appropriations Act, 2015 (P.L. 113-235, H.R. 83) provide further authority and funding for the program. Congress acted in response to President Obama’s request for authority to begin such a program as part of U.S. efforts to combat the Islamic State and other terrorist organizations in Syria and to set the conditions for a negotiated settlement to Syria’s civil war. The FY2015 measures authorize DOD to submit reprogramming requests to the four congressional defense committees to transfer available funds. DOD submitted the first such reprogramming request in November 2014 under authorities provided by P.L. 113-164, and, in December, Congress approved $220 million in requested funds to begin program activities. H.R. 83 states that up to $500 million of $1.3 billion made available by the act for a new Counterterrorism Partnerships Fund (CTPF) may be used to support the Syria train and equip program.
    [Show full text]
  • Looking Into Iraq
    Chaillot Paper July 2005 n°79 Looking into Iraq Martin van Bruinessen, Jean-François Daguzan, Andrzej Kapiszewski, Walter Posch and Álvaro de Vasconcelos Edited by Walter Posch cc79-cover.qxp 28/07/2005 15:27 Page 2 Chaillot Paper Chaillot n° 79 In January 2002 the Institute for Security Studies (ISS) beca- Looking into Iraq me an autonomous Paris-based agency of the European Union. Following an EU Council Joint Action of 20 July 2001, it is now an integral part of the new structures that will support the further development of the CFSP/ESDP. The Institute’s core mission is to provide analyses and recommendations that can be of use and relevance to the formulation of the European security and defence policy. In carrying out that mission, it also acts as an interface between European experts and decision-makers at all levels. Chaillot Papers are monographs on topical questions written either by a member of the ISS research team or by outside authors chosen and commissioned by the Institute. Early drafts are normally discussed at a semi- nar or study group of experts convened by the Institute and publication indicates that the paper is considered Edited by Walter Posch Edited by Walter by the ISS as a useful and authoritative contribution to the debate on CFSP/ESDP. Responsibility for the views expressed in them lies exclusively with authors. Chaillot Papers are also accessible via the Institute’s Website: www.iss-eu.org cc79-Text.qxp 28/07/2005 15:36 Page 1 Chaillot Paper July 2005 n°79 Looking into Iraq Martin van Bruinessen, Jean-François Daguzan, Andrzej Kapiszewski, Walter Posch and Álvaro de Vasconcelos Edited by Walter Posch Institute for Security Studies European Union Paris cc79-Text.qxp 28/07/2005 15:36 Page 2 Institute for Security Studies European Union 43 avenue du Président Wilson 75775 Paris cedex 16 tel.: +33 (0)1 56 89 19 30 fax: +33 (0)1 56 89 19 31 e-mail: [email protected] www.iss-eu.org Director: Nicole Gnesotto © EU Institute for Security Studies 2005.
    [Show full text]
  • GAO-04-559 State Department: Issues Affecting Funding of Iraqi National Congress Support Foundation
    United States General Accounting Office GAO Report to Congressional Requesters April 2004 STATE DEPARTMENT Issues Affecting Funding of Iraqi National Congress Support Foundation a GAO-04-559 April 2004 STATE DEPARTMENT Issues Affecting Funding of Iraqi National Highlights of GAO-04-559, a report to Congress Support Foundation congressional requesters As part of the efforts by the United State’s funding of INCSF programs totaled nearly $33 million for the period States to oust Saddam Hussein, a March 2000 through September 2003. This money was made available critical element of U.S. policy through 23 cooperative agreements and amendments that provided short- included funding the Iraqi National term funding at irregular intervals. The funds were provided for several Congress as the lead Iraqi purposes, including establishing new satellite television capability (Liberty opposition coalition. In 1999, the TV), newspaper publication, and information collection programs. About Iraqi National Congress Support Foundation (INCSF) was $10 million was earmarked for Liberty TV broadcasting activities, which established to provide an included hiring staff, establishing studio operations, and actual broadcasting. organizational structure for There were several periods during which State did not have an agreement to Department of State funding. From fund INCSF’s program, causing State to later fund INCSF activities March 2000 until September 2003, retroactively. State’s funding approach affected INCSF’s ability to conduct the Department of State funded television broadcast operations. Liberty TV broadcasted from August 2001 several INCSF programs, including to May 2002, when funding shortages caused by funding and policy disputes television broadcasting. INCSF’s between State and INCSF resulted in termination of broadcasting.
    [Show full text]
  • Presidential Documents
    Weekly Compilation of Presidential Documents Monday, August 2, 2004 Volume 40—Number 31 Pages 1379–1394 VerDate jul 14 2003 12:34 Aug 03, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 1249 Sfmt 1249 E:\PRESDOCS\P31JYF4.030 P31JYF4 Contents Addresses and Remarks Proclamations Missouri, Springfield—1385 Anniversary of the Americans With Radio address—1379 Disabilities Act—1380 Communications to Congress Parents’ Day—1379 Termination of the national emergency Statements by the President declared in Executive Order 12722 with Methane to Markets Partnership—1381 respect to Iraq and modification of related Progress in homeownership—1382 Executive orders, letter transmitting Executive order—1384 Supplementary Materials Executive Orders Acts approved by the President—1394 Termination of Emergency Declared in Checklist of White House press releases— Executive Order 12722 With Respect to 1394 Iraq and Modification of Executive Order Digest of other White House 13290, Executive Order 13303, and announcements—1392 Executive Order 13315—1382 Nominations submitted to the Senate—1394 Editor’s Note: The President was in Cleveland, OH, on July 30, the closing date of this issue. Releases and announcements issued by the Office of the Press Secretary but not received in time for inclusion in this issue will be printed next week. WEEKLY COMPILATION OF Distribution is made only by the Superintendent of Docu- PRESIDENTIAL DOCUMENTS ments, Government Printing Office, Washington, DC 20402. The Weekly Compilation of Presidential Documents will be furnished by mail to domestic subscribers for $80.00 per year Published every Monday by the Office of the Federal Reg- ($137.00 for mailing first class) and to foreign subscribers for ister, National Archives and Records Administration, Washing- $93.75 per year, payable to the Superintendent of Documents, ton, DC 20408, the Weekly Compilation of Presidential Docu- Government Printing Office, Washington, DC 20402.
    [Show full text]
  • Shia-Islamist Political Actors in Iraq Who Are They and What Do They Want? Søren Schmidt DIIS REPORT 2008:3 DIIS REPORT
    DIIS REPORT 2008:3 SHIA-IsLAMIST POLITICAL ACTORS IN IRAQ WHO Are THEY AND WHAT do THEY WANT? Søren Schmidt DIIS REPORT 2008:3 DIIS REPORT DIIS · DANISH INSTITUTE FOR INTERNATIONAL STUDIES 1 DIIS REPORT 2008:3 © Copenhagen 2008 Danish Institute for International Studies, DIIS Strandgade 56, DK -1401 Copenhagen, Denmark Ph: +45 32 69 87 87 Fax: +45 32 69 87 00 E-mail: [email protected] Web: www.diis.dk Cover Design: Carsten Schiøler Layout: mgc design, Jens Landorph Printed in Denmark by Vesterkopi AS ISBN: 978-87-7605-247-8 Price: DKK 50.00 (VAT included) DIIS publications can be downloaded free of charge from www.diis.dk Hardcopies can be ordered at www.diis.dk. 2 DIIS REPORT 2008:3 Contents Abstract 4 1. Introduction 5 2. The Politicisation of Shia-Islam 7 2.1 Introduction 7 2.2 The History of Shia-Islamism in Iraq 8 3. Contemporary Shia-Islamist political actors 15 3.1 Ali Husseini Sistani 15 3.2 The Da’wa Party 21 3.3 SCIRI 24 3.4 Moqtada al-Sadr 29 4. Conclusion: Conflict or Cooperation? 33 Bibliography 35 3 DIIS REPORT 2008:3 Abstract The demise of the regime of Saddam Hussein in Iraq in 2003 was an important wa- tershed in Iraqi political history. Iraq had been governed by groups which belonged to the Arab Sunni minority since the Iraqi state emerged out of the former Otto- man Empire in 1921. More recently, new political actors are in the ascendancy, rep- resenting the Kurdish minority and the Shia majority in Iraq.
    [Show full text]
  • Iraq: U.S. Military Operations
    Order Code RL31701 Iraq: U.S. Military Operations Updated July 15, 2007 Steve Bowman Specialist in National Defense Foreign Affairs, Defense, and Trade Division Iraq: U.S. Military Operations Summary Iraq’s chemical, biological, and nuclear weapons programs, together with Iraqi long-range missile development and support for Al Qaeda terrorism, were the primary justifications put forward for military action. On March 17, 2003, President Bush issued an ultimatum demanding that Saddam Hussein and his sons depart from Iraq within 48 hours. On March 19, offensive operations began with air strikes against Iraqi leadership positions. By April 15, after 27 days of operations, coalition forces were in relative control of all major Iraqi cities and Iraqi political and military leadership had disintegrated. On May 1, 2003, President Bush declared an end to major combat operations. There was no use of chemical or biological (CB) weapons, and no CB or nuclear weapons stockpiles or production facilities have been found. The major challenges to coalition forces are now quelling a persistent Iraqi resistance movement and training/retaining sufficient Iraqi security forces to assume responsibility for the nations domestic security. Though initially denying that there was an organized resistance movement, DOD officials have now acknowledged there is regional/local organization, with apparently ample supplies of arms and funding. CENTCOM has characterized the Iraqi resistance as “a classical guerrilla-type campaign.” DOD initially believed the resistance to consist primarily of former regime supporters and foreign fighters; however, it has now acknowledged that growing resentment of coalition forces and an increase in sectarian conflicts, independent of connections with the earlier regime, are contributing to the insurgency.
    [Show full text]
  • Iraq: Post-Saddam Governance and Security
    Order Code RL31339 CRS Report for Congress Received through the CRS Web Iraq: Post-Saddam Governance and Security Updated March 29, 2006 Kenneth Katzman Specialist in Middle Eastern Affairs Foreign Affairs, Defense, and Trade Division Congressional Research Service ˜ The Library of Congress Iraq: Post-Saddam Governance and Security Summary Operation Iraqi Freedom succeeded in overthrowing Saddam Hussein, but Iraq remains violent and unstable because of Sunni Arab resentment and a related insurgency, as well as growing sectarian violence. According to its November 30, 2005, “Strategy for Victory,” the Bush Administration indicates that U.S. forces will remain in Iraq until the country is able to provide for its own security and does not serve as a host for radical Islamic terrorists. The Administration believes that, over the longer term, Iraq will become a model for reform throughout the Middle East and a partner in the global war on terrorism. However, mounting casualties and costs — and growing sectarian conflict — have intensified a debate within the United States over the wisdom of the invasion and whether to wind down U.S. involvement without completely accomplishing U.S. goals. The Bush Administration asserts that U.S. policy in Iraq is showing important successes, demonstrated by two elections (January and December 2005) that chose an interim and then a full-term National Assembly, a referendum that adopted a permanent constitution (October 15, 2005), progress in building Iraq’s security forces, and economic growth. While continuing to build, equip, and train Iraqi security units, the Administration has been working to include more Sunni Arabs in the power structure, particularly the security institutions; Sunnis were dominant during the regime of Saddam Hussein but now feel marginalized by the newly dominant Shiite Arabs and Kurds.
    [Show full text]
  • The Dubai Initiative
    The Dubai Initiative Working Paper Securing the Peace: The Battle over Ethnicity and Energy in Modern Iraq Justin Dargin Securing the Peace: The Battle over Ethnicity and Energy in Modern Iraq Dubai Initiative – Working Paper Justin Dargin Research Fellow, The Dubai Initiative Better Center for Science and International Affairs Harvard University June 2009 SeCURIng THe Peace: THe Battle oveR eTHnICITy AnD eneRgy In MoDeRn IRAq | 1 “There is something very sinister to my mind in this Mesopotamian entanglement.” Winston Churchill letter to Prime Minister David Lloyd George, August 1920 I. Introduction This article examines the legal and political impediments to the Kurd- ish Regional Government’s (KRG) exploration and production contracts, which the central government in Baghdad has refused to recognize. The newly estab- lished Iraqi national constitution significantly opened as many petroleum-control questions as it resolved. Negotiated in 2005, the constitution not only separated branches of government, but established Federalism as its lodestar. When faced with unresolved issues over regional and national control over petroleum resourc- es, however, International Oil Companies (IOCs) function in an ambiguous legal environment that fails to clearly distinguish between federal and regional powers Article 112(1) of the constitution grants the central government a condi- tional right to “…undertake management of oil and gas extracted from present oil and gas fields…” (emphasis mine). Reflective of Iraq’s commitment to federalism, the right to manage oil fields is shared by the central government, the produc- ing governorates and the regional governments. Article 112(1) could, therefore, be construed to mean that the central government has no right to exercise authority over nonproducing fields and future fields: rights that are not explicitly granted to the federal government may be held as residual rights by the regional authori- ties.
    [Show full text]