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