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33 Int'l L. News 1 (2004)

handle is hein.journals/inrnlwnw33 and id is 1 raw text is: WWWA SPECIAL VOL. 33 NO.1 IAL ,W P A A I N OCIATION BAN ET.ORG/I NTLAW FOCUS ISSUE IRAQ, FAILED STATES, AND THE LAW OF OCCUPATION By PhillipJames Walker he U.S.-led invasion of Iraq produced a host of thorny international law problems. So far, the world has focused mainly on the legality of the war-how American unilateralism affects the idea of collective security and limitations on force as an instrument of policy An overlooked issue, however, relates to the scope of authority that an occupying power has to remake a soci- ety and government under its control. Iraq presents an ,interesting case of the reconstruction of a failed state in the new millennium. The scope of authority of the occupying power is a vexing question in the Iraq case because it neatly fits no single category. Iraq's coalition provisional authority (CPA) is not a traditional military occupation authority It aspires to a complete overhaul of Iraqi institutions and national life, but it is not a truly international effort with a clear mandate to rebuild a post-conflict situation-along the lines of Kosovo or East Timor. It is somewhere in between, and that is the problem. The failed state phenomenon has become the domi- nant international problem in the 21st century, implicat- ing within it issues such as mass migration of populations and illegal immigration to the developed north, severe environmental degradation, the eruption of brutal ethno- religious conflicts, and the proliferation of weapons of mass destruction. One need only read about the absence of control over nuclear weapons materials in some former Soviet states to realize that collapse of public order has horrifying consequences for international security continued on page 8

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