Written question asked by William Cash (Conservative) on Thursday, 27 March 2003, in the House of Commons. It was due for an answer on Tuesday, 1 April 2003. It was answered by Clare Short (Labour) on Tuesday, 1 April 2003 on behalf of the Department for International Development.

Dept for International Development

Question: To ask the Secretary of State for International Development, pursuant to her Answer to the honourable Member for Richmond Park of 26th March 2003, 402 c277, what the legal basis is for her statements (a) that UK armed forces are in Iraq as an occupying power, with humanitarian responsibilities and duties to keep order and the civil administration running and (b) that they do not have the authority to reorganise institutions or establish a new government.

Answer: Mr. Cash: To ask the Secretary of State for International Development pursuant to her answer to the hon. Member for Richmond Park (Dr. Tonge) of 26 March 2003, Official Report, column 277, what the legal basis is for her statements (a) that UK armed forces are in Iraq as an occupying power, with humanitarian responsibilities and duties to keep order and the civil administration running; and (b) that they do not have the authority to reorganise institutions or establish a new Government. Clare Short: These statements are based on legal advice on the applicability of the 1907 Hague Regulations and the 1949 Geneva Conventions. Article 55 of the Fourth Geneva Convention states that: "To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate". Section III of the Hague Regulations sets out the limits of military authority over the territory of an occupied state; parts of the Geneva Conventions are also relevant.

Secondary information