Civil Affairs Issue Papers Volume 1, 2014-2015 Civil Affairs Issue Papers | Page 112

• The operational capacity of U.S. civilian agencies and international civilian actors to participate in administration of occupied/liberated territory will be very limited or non-existent initially and probably for a considerable time thereafter.6 • The environment will be insecure. Legal and Practical Considerations There are legal and practical considerations which mandate that the U.S. forces be prepared for occupation, restoration, and administration. The fundamental legal consideration is that the Occupying Power has a legal duty under The Hague Regulations and the Geneva Civilians Convention to administer the occupied territory, to include providing security, governance, law enforcement, judicial proceedings and enforcement, and other essential government services. 7 The practical reason is that not being prepared for occupation administration creates a high risk that the occupied territory will lapse into anarchy and spawn widespread criminal activity, terrorism, and insurgency, as was clearly the result of the US lack of preparation for the occupation of Iraq.8 The Occupying Power must be prepared to carry out these responsibilities mandated by international law immediately upon taking control of the territory or any part thereof. Administration of occupied territory, in the aftermath of major combat operations, is a complex task requiring extensive preparation and resources; it cannot be an afterthought. Put simply, we cannot make our plans for military governance based on what resources we are able to spare for the project. Instead, we must realistically determine what is 93