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The U.S. Gets The Oil by International Law
Congreational Record Page S4507 | 27 March 2003 | Congreational Record

Posted on 03/30/2003 11:12:32 AM PST by Suck My AR-16

[Congressional Record: March 27, 2003 (Senate)]
[Page S4507]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr27mr03-161]

INTERNATIONAL LAW REGARDING OCCUPIED IRAQ

Mr. GRASSLEY. Mr. President, next week we are going to have a
supplemental appropriations bill of at least $75 billion before the
Congress of the United States for the funding necessary for the
military action in Iraq, at least for the early part of that action,
which number could not have been decided when we passed the
appropriations bills in January because at that point there would not
have been any military action. I raise this issue now in conjunction
with what there is in international law in regard to a victorious power
in a nation, after the war is done, of what can be used of the natural
resources of a country for the victorious country
to administer the
nation as well as to rebuild that nation.

The reason I raise these points about international law is because
there is very clear international law about what a victorious nation
can do and cannot do in regard to the resources of the defeated nation.
I raise this issue at this point because I want to make sure the
American taxpayers are not saddled with any of the costs of rebuilding
Iraq that can be legitimately paid for, under international law, out of
the resources of Iraq.


After the first full week of the conflict, the allied forces have
pushed well into the country, liberating Iraqi populations across
western and southern Iraq. These developments, then, raise an issue
that must be explored and discussed before we obligate taxpayers' money
to rebuilding Iraq; that is, with regard to the United States and
allied occupation of Iraq, what does international law tell us? What
does international law dictate with regard to our rights as the
occupying power to administer Iraq's oil resources and our obligations
to the citizens of Iraq?

The Hague Convention of 1907 and the Geneva Convention provide the
basis for international law with regard to the obligations and rights
of an occupying power. They provide specific guidelines for
administering the resources of the occupied territory and the
obligations of the occupying power to provide for the welfare and the
safety of the occupied people.

With regard to the rights of an occupying power to use public
property and resources, article 53 of Hague regulations of 1907
provides that an occupying power can only take possession of state-
owned property, and any seizure of private property must be restored
and compensation provided when peace is made.

Further, article 55 provides:

The occupying State shall only be regarded as administrator
and usufructuary of the public buildings, real property,
forests and agricultural works belonging to the hostile
State.

The rules of usufruct provide a tenant--in this case it would be the
United States or the coalition forces--the right to use and enjoy the
profits of property owned by Iraq, as long as the property is not
damaged or altered in any way.
In addition, the allied forces may use
the public assets only for the benefit of Iraq and the Iraqi people,
and to defray the costs of administration.
Secretary Powell recently reaffirmed this right. When discussing the
issue of oilfields, he stated:

You can be sure that they [meaning the oilfields] would be
protected and the revenue generated from any such oil fields
would be used in accordance with international law and to the
benefit of the Iraqi people.

The occupying power may also take possession of public movable
property only if such property can be directly or indirectly used for
military operations. Clearly, Iraq's oil reserves are susceptible to
military use and thereby subject to seizure by U.S. military forces
under the laws of war to restore Iraq.


In addition, the oil produced from Iraqi wells may be considered
similar to the produce of public land which, under article 55, may be
appropriated by the occupying power.


With regard to the obligations of the occupying power, article 43 of
Hague regulations of 1907 state:

The authority of the legitimate power, having actually
passed into the hands of the occupant, the latter shall take
steps in his power to restore and ensure, as far as possible,
public order and safety.

The Geneva Convention, relevant to the protection of civilian persons
in time of war, states that the occupying power is also responsible for
establishing a direct system of administration and maintaining the
public order.

The key restriction to the use of Iraq's oil is that the proceeds are
limited to occupation purposes, which includes measures taken in the
furtherance of fulfilling that obligation that I just read under
article 43, to reestablish peace and order to Iraq. Clearly,
international law provides that the United States is entitled to use
the money from oil sales
to pay for such obligations as long as food
and water, health care, roads and bridges, schools and airports, as
examples.

Once a viable Iraqi government is established, the oilfields must be
returned to Iraq in a reasonable condition.

One final issue for debate will be the role of the U.N. in the
reconstruction and administration of Iraq. For example, what will
remain of the United Nations Oil For Food Program in post-Saddam Iraq?
Given the U.N.'s inability to fulfill its obligations with regard to
enforcing Security Council Resolution 1441, it is unclear whether the
U.N. will be relevant at all in the reconstruction efforts of Iraq.

It is my hope that the U.N. will follow the lead of the United
States, Britain, and the other 40 or more allies currently in Iraq
enforcing the U.N. resolutions. After all, it must be made very clear
that the resources of Iraq will finally be available for the use of the
Iraqi people, for the betterment of those same people.

For far too long, we know the prisoners of Saddam's regime have been
deprived of their country's riches and forced to survive as peasants.
While the responsibility for providing for the welfare of the Iraqi
people belonged to Saddam Hussein, he was, as we know, more interested
in spending it on himself in the form of elaborate palaces and in the
pursuit of weapons of mass destruction.

The Iraqi people will finally share in the wealth of their country
that has always belonged to them rather than Saddam sharing it with his
family and the cronies of his brutal regime.

I hope the Congress will take into consideration the rights the
taxpayers of the United States have under this Geneva Convention, to
make sure the resources for the rebuilding of Iraq come from Iraqi
natural resources and not from the American taxpayers.
That should be
fully taken into consideration, as some of the money we appropriate
next week will probably be used for that purpose of at first
establishing administration in Iraq.
I yield the floor.

____________________




TOPICS: Crime/Corruption; Extended News; Foreign Affairs; Government; News/Current Events
KEYWORDS: grassley; oil; war; warlist
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To: nanomid
OK, allthough I take exception of being called a Communist. I'll assume you do not understand what "occupying power" means or "public property" or "public assets only for the benefit of Iraq and the Iraqi people" or "seizure by U.S. military forces"

What specific "CITIZEN" of Iraq will own the oil ?

Who will give it to him or her and by what authority ?

Rockefellers ? How did they get our "public property" ?

21 posted on 03/30/2003 11:56:47 AM PST by Suck My AR-16
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To: monkeywrench
So they only have the "right" to determine their own destiny if they determine it in a way you deem satisfactory?

That's interesting.
22 posted on 03/30/2003 11:58:31 AM PST by Viva Le Dissention
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To: Viva Le Dissention
What's the alternative? Freeing them for what? The UN coming in to rip them off? The french? More islamakazis? Someone will fill the void, if we do not. I tend to believe we ARE better than the rest.
23 posted on 03/30/2003 12:01:12 PM PST by monkeywrench
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To: Viva Le Dissention
You know, I've been thinking. Why don't we apply these same policies to domestic issues? I mean, really, we have the same concerns, right? People not being "responsible" enough to choose their own destiny?

What we ought to do is have a Government department--we'll call it the Department of Homeland Compassion and Equity--and it this Department will engage in extensive research and then present to Congress a report, the contents of which will report the absolute best way for every American to spend his money.

Then, once the report is adopted by Congress, businesses will quit paying salaries, but instead each worker will receive vouchers for different items--those items deemed to be the best comsumption for his worth. Then, he can go to stores and redeem his vouchers for the best possible products. This way, we won't have to worry about people not spending their money well, and everyone will receive optimum consumption.

Obviously we'll need to hammer out the details, but I'm excited.
24 posted on 03/30/2003 12:04:43 PM PST by Viva Le Dissention
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To: monkeywrench
Freeing them for what?

It's irrelevant. It's for them to decide, not us.

25 posted on 03/30/2003 12:06:08 PM PST by Viva Le Dissention
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To: Suck My AR-16
The way it works YOU TOAD! Is the assets are leased to development companies via a bid process. We will administer this in as fair a way as possible. The $ for the leases go into the Iraq govt. coffers.(which we will also establish with international approval and help)

This process will gradually revert to total Iraqi control as the government takes shape and we get our asses out of there!

26 posted on 03/30/2003 12:07:26 PM PST by Cold Heat (Negotiate!! Blam! "Now who else wants to negotiate?")
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To: Viva Le Dissention
So, Sadam was just being "irresponsible"? A congress could have controlled him?
27 posted on 03/30/2003 12:07:49 PM PST by monkeywrench
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To: Viva Le Dissention
It's not irrelevant! This world isn't big enough for suicide bombers and freedom!
28 posted on 03/30/2003 12:09:42 PM PST by monkeywrench
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To: monkeywrench
We're talking about the Iraqi people. If the mission is to overthrow Saddam, then once we have done so, he no longer relevant to the rebuilding discussion.
29 posted on 03/30/2003 12:10:01 PM PST by Viva Le Dissention
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To: monkeywrench
See Post 24.

Would you like to apply to be Commissioner of the Deparment of Compassion and Equity? I think you would just do a super job. It's so great how you can decide for everyone what is best for them. Geez! The responsbility and stress you must face, to decide the fate and lives of men all around the globe!

I admire that about you.
30 posted on 03/30/2003 12:12:45 PM PST by Viva Le Dissention
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To: Viva Le Dissention
The iraqi people seem to be decision impaired. They've lived under tyranny for so long. We cannot afford to have to fight this same war every 10 years.

We free them, then teach them freedom retention skills. The un and other freedom destroyers would love for us to leave them room to move in. We cannot.

31 posted on 03/30/2003 12:14:48 PM PST by monkeywrench
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To: Viva Le Dissention
Hey, moron, I'm deciding what's best for me and mine! And our future. No more tyrants! Get over it.
32 posted on 03/30/2003 12:16:47 PM PST by monkeywrench
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To: Viva Le Dissention
That is EXACTLY the idea. Make sure that people know that it is their responsibility to run their country in a manner that it does not run amok on the world stage. THe countries that don't do this will have actions taken against them and when appropriate they will be given a bill for that action.
33 posted on 03/30/2003 12:18:05 PM PST by Hootch
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To: Suck My AR-16
We could pay for the war, handsomely reimburse every family of a coalition casualty, reduce the price of super unleqaded to 25 c ents a gallon for the next 25 years , and Iraq will still have enough oil to become one of the wealthiest countries in the world.
34 posted on 03/30/2003 12:18:13 PM PST by Delta 21 (Allons ! ! !)
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To: Suck My AR-16
Yes: Loser pays!

Obviously this will drive our ACLU commie lawyers berserk.
Constitution-hating lawyers will instead be demanding a 30% contingency to sue Iraq for our costs.
(Hey, that's $20 billion- can't blame them for trying LOL!)

35 posted on 03/30/2003 12:21:13 PM PST by mrsmith
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Comment #36 Removed by Moderator

To: nanomid
That can only be done by the Government which is not supposed to own it!

True enough for the original 13 colonies. Doesn't apply to any of the land acquired by the United States afterwards. All that is property of the United States not any individual private citizen.

37 posted on 03/30/2003 12:22:47 PM PST by RightWhale (Theorems link concepts: Proofs establish links)
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To: gaucho
Me either. I'm sure when all is said and done, the Iraqi people will give us a gratuity added in.
38 posted on 03/30/2003 12:23:07 PM PST by ApesForEvolution (Yes, let us allow the economies of gerdung, frunk, mexiztlan, chirushcom and canadastan to wither...)
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To: wirestripper
I see, "reep". The money goes to the GOVERNMENT not the people. That must mean that you assume the internationally created govenment will be a beneficial, loving enity.

The flow of that money benefit will reach the people via social programs. Yet there is no guarantee of how much they will get or if the leases will be given away at bargan basement prices.

I would like to see OUR oil benefit the people of the USA. I don't think 1/10th of 1 percent of the profits for an oil lease benefits OUR people.

39 posted on 03/30/2003 12:23:48 PM PST by Suck My AR-16
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To: monkeywrench
And like I said, you are SO good at deciding the future of other people!

I'm telling you, we need some sort of job for you, like Supreme Decider of Good and Right.

I'd vote for you--but wait a minute, how would I know who to vote for? Uh-oh--we have a problem here. We can't have elections, because that implies that people are rational enough to decide their own fate, so we need a different sort of government... Hmm, perhaps, yes--we need a Dictator. Supreme Dictator of Good and Right--then, you won't be accountable to the arbitrary whims of the voting public, since they don't know what's best for them, anyway!

I've got it--we can annex Iraq, and then make it like Puerto Rico! Run by the United States, but nothing messy like representation in Congress or anything like that. And we can install a Supreme Dictator to tell the people how to act and behave. Man, am I glad we had this discussion, because we've just solved the whole Iraqi mess!
40 posted on 03/30/2003 12:25:28 PM PST by Viva Le Dissention
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