rule of law in iraq sermid d. al-sarraf, esq. international institute for the rule of law

Rule of Law in Iraq

Sermid D. Al-Sarraf, Esq.

International Institute for the Rule of Law

My Rule of Law Projects

1. Transitional Justice Future of Iraq Project (Iraqi Jurist’s Assoc./DOS) Independent Judiciary (Personal)

2. Raising the Bar: Legal Education Reform (RTB)(DePaul University/USAID)

3. International Institute for the Rule of Law (IIRL) Technical Assistance to Constitutional Drafting

Committee (IIRL/NDI/USAID) Judicial Reform (IIRL/DOS) Human Rights and the Constitution (IIRL/DOS) ROL Coordination (IIRL/DOS)

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Future of Iraq Project

New York Times

State Dept. Study Foresaw Trouble Now Plaguing IraqOctober 19, 2003 By ERIC SCHMITT and JOEL BRINKLEY

WASHINGTON, Oct. 18 - A yearlong State Department studypredicted many of the problems that have plagued theAmerican-led occupation of Iraq, according to internalState Department documents and interviews withadministration and Congressional officials.

Beginning in April 2002, the State Department projectassembled more than 200 Iraqi lawyers, engineers, businesspeople and other experts into 17 working groups to studytopics ranging from creating a new justice system to

reorganizing the military to revamping the economy.

1. Transitional Justice

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Working Group Report

Comprehensive Report 750 pg.- Arabic 250 pg English summary

Topics Accountability, Truth &

Reconciliation Institutional Reform Legal Reform

1. Transitional Justice

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Struggle for Independent Judiciary

CPA Resistance Not a priority (Security, prisons, etc. more important) 4th Geneva Convention precludes changing form of

government Iraqis may resent change

History, legal background and International Law support restoring Independent Judiciary

1. Transitional Justice

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CPA Order 35- Re-Establishing Independent Judiciary

1. Transitional Justice

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2. Raising the Bar: Legal Education Reform (DePaul/USAID)

Four Focus Areas Rule of Law/Good Governance Curriculum Reform Clinical Education Library/Technology Enhancements

Iraqi Partners Baghdad, Basra and Sulaimaniya Colleges of Law

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2. RTB

Baghdad College of Law2. RTB

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BCL:TextBooksBurned

2. RTB

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Baghdad- Law Library (2003)2. RTB

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2. RTB

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Basra Law Library (2003)2. RTB

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Sulaimaniya College of Law2. RTB

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Suly Univ.:InternetCenter

2. RTB

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RTB- Program Focus Areas

I. Rule of Law/Good Governance

II. Curriculum Reform

III. Clinical Education

IV. Library/Technology Enhancements

2. RTB

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I. Rule of Law/Good Governance

Seminars on Contemporary Issues Legal Ethics and the Rule of Law Constitutional Law & Property Claims Post-Conflict Justice The Role of the Iraqi Bar Association and the Rule of

Law

Summer Abroad Program 40 Iraqi Law Professors & Deans Cairo, Rome, Siracusa & Chicago

2. RTB

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I. ROL

Summer AbroadProgram

Cairo Univ.College of Law

2. RTB

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I. ROL

Summer AbroadProgram

Rome:Anti-MafiaProsecutor’s Office

2. RTB

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I. ROL

Summer AbroadProgram

Siracusa:ISISCWorkshops

2. RTB

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I. ROL

Summer AbroadProgram

Chicago:IHRLIWorkshops

2. RTB

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II. Curriculum Reform

Targeting 4 Areas of Legal Ed. International Trade LawConstitutional LawPublic International Law International Criminal Law

National vs. Local Prof’s Discretion

2. RTB

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II. Curriculum Reform

Working Groups

International Trade Law Group

2. RTB

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III. Clinical Education Program

Introducing Practical Training into Existing Program

Moot CourtsCourt room visitsExternships

2. RTB

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III. Clinical Ed.

Baghdad Moot Court

2. RTB

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IV. Library/Educational Technology

Physical Plant- Renovations Law Library Facility Faculty Lounge Study Hall

Resources New Books New Periodicals

Technology Computers Library Systems Inter-Library Loan System

2. RTB

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Baghdad Law Library (before)2. RTB

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Grand Opening of Baghdad Law Library(Feb. 05)

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2. RTB

Baghdad Law Library (after)

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2. RTB

Baghdad Law Library- Study Hall

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2. RTB

ShaheedHall

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2. RTB

3. International Institute for the Rule of Law (IIRL/2005)

Technical Assistance to Constitutional Drafting Committee (IIRL/NDI/USAID)

Judicial Reform (IIRL/DOS)

Human Rights and the Constitution (IIRL/DOS)

ROL Coordination (IIRL/DOS)

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Other Rule of Law Initiatives

US Extensive training for police and military Infrastructure projects- courthouses, police stations Justice Integration Project (Judiciary, Ministries of Interior and Justice) Training of investigators and creation of public integrity special unit

UK Police training on investigations, forensics, surveillance Training of judges in Prague (ILAC)

EU Police, judicial training in Europe

UN HR training for senior army and police officials Training of civil society orgs on prison monitoring Constitutional Support Program

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Personal Perspectives

Status of Rule of Law Initiatives

Overall good intentions and good ideas

Serious lack of resources from US, Coalition and International Community

Approach fails to include tangible improvements

Implementation limited by limitations of donors (security restrictions, translation issues, etc.)

Training is too generic and not sensitive to Iraqi context

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Personal Perspectives

Formula for Success (micro) Restored what was there (ex. Judicial Council) vs. replacing with

foreign models

Acknowledged Iraq’s lengthy legal and judicial tradition (this is not Afghanistan or Rwanda)

Developments championed by Iraqis for Iraqis

Established good-will by showing serious commitment to development with tangible infrastructure improvements

Did not miss important signs by poor translations

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Personal Perspectives

Formula for Success (macro)

More resources must be allocated from more diverse group of donors

Donors’ contributions must be better coordinated (ROL-SWG)

Solutions must be developed by qualified and sincere Iraqis

Study tours and training must be coupled with tangible improvements to work environments (“Soft programs” must be coupled with “brick and mortar” projects)

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