Limits on Transfer of power to Iraq
Brian B | 29.06.2004 00:13 | Anti-militarism
From Coalition Order 100 (CPA website http://www.cpa-iraq.org/) passed on 28 June and signed by Paul Bremer:
"Reaffirming that the laws, regulations, orders, memoranda, instructions and directives of the CPA remain in force unless and until rescinded or amended by legislation duly enacted and having the force of law, as set forth in Article 26(C) of the Law of Administration for the State of Iraq for the Transitional Period ("TAL").
From the Section 1 of the Annex to the TAL (Transitional administrative law) :
"The Government, as an interim government, will refrain from taking any actions affecting Iraq’s destiny beyond the limited interim period. Such actions should be reserved to future governments democratically elected by the Iraqi people."
http://www.cpa-iraq.org/government/TAL_Annex.html
From Section 2 of the Annex to the TAL:
"Members of the Interim National Council will be chosen by a National Conference that will meet in Baghdad during the month of July 2004. The Conference will be organized by a High Commission, which will include members of the Governing Council without other governmental positions, representatives from the regions and governorates, and other distinguished Iraqis known for their capability and integrity. The Interim National Council itself will be comprised of 100 members, and will include members of the Governing Council mentioned above."
http://www.cpa-iraq.org/government/TAL_Annex.html
According to this, previous members of the US-appointed Governing Council will now be part of a 100-strong set of advisors to the new Government. This National Council will also have the power to veto executive orders from the new Presidency (President + two Deputy Presidents).
From the TAL itself:
"Except as otherwise provided in this Law, the laws in force in Iraq on 30 June 2004 shall remain in effect unless and until rescinded or amended by the Iraqi Transitional Government in accordance with this Law."
http://www.cpa-iraq.org/government/TAL.html
As far as I can tell this means that since the Iraqi Transitional Authority only comes into effect after full elections then none of the current laws can be rescinded by the Iraqi Interim Government.
Brian B
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