No, not exactly correct. Occupation entails contested authority. There’s a reason the war treason category of crimes does not exist anymore. Plus, just war theories and international law were meant to be casuistic. While yes, the Iraqi government at least nominally holds legitimate authority, the fact that its military and security structure is run through another country pretty much means that it’s under occupation according to international law. For example, Syria was occupying Lebanon up until this year (although it may still have units there), despite the responsiveness of the Lebanese government to that Syrian presence. Similarly with the US and Iraq. You’re playing on a technicality that is not reflective of political and military reality, and no one serious politician or analyst is going to defend your argument. As long as US forces are in Iraq, it’s an occupation.
Now, this is not to say that occupation is illegitimate. Far from it. However, a responsibility of the occupant, and something it should prepare for, is that authority will be contested in occupation. Look at the former Yugoslavian countries. Carla Delaponte has the power to restrict or rescind democratic action (elections of ultra-nationalistic politicians), which I believe is fully legitimate, although something that should be done cautiously and transparently. However, those politicians still had a clearly expressed and legitimate basis of support among the sovereign (the people). Occupation, sometimes unfortunately, can be thought of as a battle for legitimacy, and it’s really difficult to say one is “right” or “wrong.”
Also, be careful with the term “unlawful combatant.” Again, you’re citing only one part of the Geneva Convention, and frankly, I don’t think really know what that term means. It exists in the penumbra of international legal discourse, as a repository category since, if there are soldiers who fight legally (according to the laws of war), then there should be those who fight illegally. But notice here that they are combatants, subject to and protected by the Geneva Conventions’ terms on combatant rights. The classification of their status has already been established.
The point I’m trying to make is that nothing in the Conventions allows for the creation of a null category that the US can put any unpleasant individual into and do whatever it wants to them. More strongly, it is illegal under international law, and if you want to throw it out, then go ahead. But be aware of Powell’s concerns, that disregarding international law increases the likelihood of those actions to be done to US soldiers. In addition, as I said, you abandon the rule of law, and thus, the US has lost in a significant way.
Also, don’t forget that with IEDs and RPGs, even those people who use them can be considered legitimate combatants. It’s really actions like suicide bombings against civilians which calls into question their actions.
RB, you’ve got to watch out for logical leaps. I’m sure no one on this board liked Saddam’s regime. But you cannot logically castigate people for exploring alternative policies to assist the Iraqi people short of war and then claim they support Saddam. It’s only because you’ve set up Saddam as more evil than any other value can you make that argument. But there are a lot of bad things out there, and it’s an open question whether the controlled anarchy defining Iraqi existence now is actually better than the ordered violence of Saddam. There are still people in Iraq who do not belong to a terrorist organization or a resistance movement or were former members of the Baath party who nevertheless wish Saddam were there. Consequently, some analysis of the run up to war and alternative policies is a very fruitful thing, in part because it acknowledges mistakes that were made, creates an opportunity to rectify them, and evinces to the Iraqi people that there is accountability in the US government.
Finally, as I’ve written to others before, the standard “hard-nosed” argument that people don’t see the inherent evil in the world is faulty, to say the least. What defines politics, and frankly almost anything else, is complexity. Boiler-plate responses about who’s good, who’s bad, who’s right, and who’s evil fail to acknowledge that there are a lot of people stuck in the middle who, quite frankly, are the most important individuals to be looking out for. Occupations are hard because there are many different actors who have their own interests, most of which are probably legitimate. Always projecting the worst intentions on anyone you see, and not recognizing their limitations, strengths, weaknesses, and advantages, causes overextension and failure to win the hearts and minds campaign. After all, if you start seeing enemies in all places, and then acting upon that, you lose an occupation. Look at Vietnam, Algeria, Lebanon, Armenia, etc.