• 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
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