100 Orders

The 100 Orders are "binding instructions or directives to the Iraqi people that create penal consequences or have a direct bearing on the way Iraqis are regulated, including changes to Iraqi law"[1] created in early 2004 by Paul Bremer under the Coalition Provisional Authority in Iraq. The orders called for the de-Baathification of Iraq as well as extensive economic changes. Most of the economic changes are focused on transitioning the economy of Iraq from a centrally planned economy to a market economy, as outlined in the contract by BearingPoint:

"It should be clearly understood that the efforts undertaken will be designed to establish the basic legal framework for a functioning market economy; taking appropriate advantage of the unique opportunity for rapid progress in this area presented by the current configuration of political circumstances... Reforms are envisioned in the areas of fiscal reform, financial sector reform, trade, legal and regulatory, and privatization."[2]

List of Orders

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  • Order 1: De-Ba'athification of Iraqi Society
  • Order 2: Dissolution of Entities
  • Coalition Provisional Authority Order 3: Weapons Control - Bans possession of heavy weapons, and possession of small arms except at home or in a place of work; exceptions granted for Coalition personnel and for Iraqi police and soldiers; establishes weapons collection programme. CPA Memorandum 5 (1 September 2003) governs aspects of implementation.[3]
  • Order 4: Management of Property and Assets of the Iraqi Baath Party
  • Order 5: Establishment of the Iraqi De-Baathification Council
  • Order 8: Traveling Abroad for Academic Purposes: removed all restrictions on foreign travel for students and academics (7 June 2003)
  • Order 17: Status of the Coalition Provisional Authority, MNF–Iraq, Certain Missions and Personnel in Iraq
  • Coalition Provisional Authority Order 22: Creation of a New Iraqi Army (Order 22, 7 August 2003)
  • Coalition Provisional Authority Order 23: Creation of a New Code of Military Discipline for the New Iraqi Army, 23 August 2003, Annex A (7 September 2003)
  • Coalition Provisional Authority Order 26: Creation of Department of Border Enforcement (1 September 2003)
  • Coalition Provisional Authority Order 27: Establishment of the Facilities Protection Service (7 September 2003)
  • Coalition Provisional Authority Order 28: Establishment of the Iraqi Civil Defense Corps (9 September 2003)
  • Coalition Provisional Authority Order 37: Suspension of most taxes (including income tax and property rent tax) from April-December 2003 (21 September 2003).
  • Coalition Provisional Authority Order 39: liberalized trade [and proclaimed] "the independence of the central bank; set rules for the new currency and securities markets; declared policies for trademarks, patents, copyrights, public contracts, and debt resolution; and privatized state enterprises, thus establishing the basic conditions for the neoliberal political economy that the United States meant to launch in Iraq.[4]
  • Coalition Provisional Authority Order 42: Creation of the Defense Support Agency (23 September 2003) New body, under CPA control, to provide legal, medical, financial, logistical, recruitment, training and property management support to the Iraqi army
  • Order 81: “According to Order 81, paragraph 66 – [B], issued by L. Paul Bremer [CFR], the people in Iraq are now prohibited from saving newly designed seeds (not the traditional ones) and may only plant seeds for their food from licensed, authorized U.S. distributors.[5]
  • Order 100: Transition of Laws, Regulations, Orders, and Directives Issued by the Coalition Provisional Authority

Controversy

Without a doubt, the 100 Orders altered Iraq's existing laws. For this reason, the 100 Orders are also illegal by international law. The Hague Regulations of 1907, and the U.S. Army's Field Manual 27-10 ("The Law of Land Warfare") both limit the degree of transformation of an occupied country's laws.[6]

References

  1. ↑ "CPA Official Documents". Cpa-iraq.org. Archived from the original on 6 February 2010. Retrieved 2010-02-25.
  2. ↑ Foreign Policy in Focus / By Antonia Juhasz. "The Handover That Wasn't". Alternet.org. Retrieved 2010-02-25.
  3. ↑ http://www.casi.org.uk/info/cpaold.html
  4. ↑ Michael MacDonald, Overreach, Delusions of Regime Change in Iraq (Berlin, Boston: Harvard University Press, 2014), 41.
  5. ↑ Jeffrey Keating (2012-02-03), Dahlia Wasfi: Ain’t Nothin’ Green About the Green Zone, retrieved 2018-10-11
  6. ↑ John Pike (2005-04-27). "Laws of Land Warfare, 369. Local Law and New Legislation". Globalsecurity.org. Retrieved 2010-02-25.


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