Use of Force, and International Humanitarian Law

According to news reports, the U.S. Central Intelligence Agency (CIA) has transferred about a dozen non-Iraqi prisoners out of Iraq in the past 18 months. Their destination has not been made known. The news reports say that the Justice Department's Office of Legal Counsel has prepared a draft legal opinion that would authorize the CIA to take Iraqis out of the country for brief periods of interrogation, and permanently to remove persons deemed to be illegal aliens under "local immigration law." [1]

 

Stimulated by allegations made in an Italian television documentary,[1] a worldwide controversy has developed concerning the use of white phosphorus (WP) munitions by U.S. military forces during the assault on Fallujah, Iraq in November 2004. An important part of the controversy involves accusations that the use of WP munitions in Fallujah violated international law. This Insight examines the international legal aspects of the use of WP munitions by U.S. military forces in Iraq.

 

Background to the Controversy

 

Introduction