The Occupation of Iraq

• Author: Clyde J. Tate II
• Position: Brigadier General, JA, U.S. Army
• Pages: 209-218

XI

The Occupation of Iraq

Clyde J. Tate II *

This article addresses legal issues arising during occupation, specifically dur-

ing the author's tenure as Staff Judge Advocate (SJA), III Corps and Multi-

National Corps-Iraq (MNC-I). In doing so, personal thoughts will be recalled

from days gone by on the legal issues which were dealt with at the operational

—

and at times tactical—level ofwar during the US occupation of Iraq, as well as dur-

ing the key transitional period after occupation. It is hoped that these thoughts will

inform future discussions by legal advisors facing similar challenges.

At the June 2009 conference from which this "Blue Book" derives, this presen-

tation was billed as aretrospective. Such presentations can either be atravelogue

with pictures of judge advocates (JAs) posed under the infamous Swords of

Qadisiyah, or Hands of Victory, in Baghdad, or aseries of "when Iwas in Iraq"

vignettes. Aretrospective is of most value to alegal practitioner, however, if it

identifies key legal issues, shows how our institutions addressed those issues and

explains what was learned from wrestling with them. Finally, this article tries to

answer the most important question: how did lessons learned from our experi-

ences at MNC-I during Operation Iraqi Freedom II (OIF II) aid commanders in

accomplishing their mission? This author attempts to follow that path, then show

how the work that was done led to significant changes that mitigated for future

operations many of the issues confronted at MNC-I. The hope is that what is said

'Brigadier General, JA, U.S. Army.