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Rule of Law in Iraq

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)

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Rule of Law in Iraq

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  1. Rule of Law in Iraq Sermid D. Al-Sarraf, Esq. International Institute for the Rule of Law

  2. 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) SLIDE 2

  3. Future of Iraq Project 1. Transitional Justice New York Times State Dept. Study Foresaw Trouble Now Plaguing Iraq October 19, 2003 By ERIC SCHMITT and JOEL BRINKLEY WASHINGTON, Oct. 18 - A yearlong State Department study predicted many of the problems that have plagued the American-led occupation of Iraq, according to internal State Department documents and interviews with administration and Congressional officials. Beginning in April 2002, the State Department project assembled more than 200 Iraqi lawyers, engineers, business people and other experts into 17 working groups to study topics ranging from creating a new justice system to reorganizing the military to revamping the economy. SLIDE 3

  4. Working Group Report 1. Transitional Justice • Comprehensive Report • 750 pg.- Arabic • 250 pg English summary • Topics • Accountability, Truth & Reconciliation • Institutional Reform • Legal Reform SLIDE 4

  5. Struggle for Independent Judiciary 1. Transitional Justice • 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 SLIDE 5

  6. 1. Transitional Justice CPA Order 35-Re-Establishing Independent Judiciary SLIDE 6

  7. 2. RTB 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 SLIDE 7

  8. 2. RTB Baghdad College of Law SLIDE 8

  9. 2. RTB BCL:TextBooksBurned SLIDE 9

  10. 2. RTB Baghdad- Law Library (2003) S L I D E 10

  11. 2. RTB S L I D E 11

  12. 2. RTB Basra Law Library (2003) SLIDE 12

  13. 2. RTB Sulaimaniya College of Law SLIDE 13

  14. 2. RTB Suly Univ.:InternetCenter SLIDE 14

  15. 2. RTB RTB- Program Focus Areas I. Rule of Law/Good Governance II. Curriculum Reform III. Clinical Education IV. Library/Technology Enhancements SLIDE 15

  16. 2. RTB 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 SLIDE 16

  17. 2. RTB I. ROLSummer AbroadProgramCairo Univ.College of Law SLIDE 17

  18. 2. RTB I. ROLSummer AbroadProgramRome:Anti-MafiaProsecutor’s Office SLIDE 18

  19. 2. RTB I. ROLSummer AbroadProgramSiracusa:ISISCWorkshops SLIDE 19

  20. 2. RTB I. ROLSummer AbroadProgramChicago:IHRLIWorkshops SLIDE 20

  21. 2. RTB II. Curriculum Reform • Targeting 4 Areas of Legal Ed. • International Trade Law • Constitutional Law • Public International Law • International Criminal Law • National vs. Local Prof’s Discretion SLIDE 21

  22. 2. RTB II. Curriculum ReformWorking GroupsInternational Trade Law Group SLIDE 22

  23. 2. RTB III. Clinical Education Program • Introducing Practical Training into Existing Program • Moot Courts • Court room visits • Externships SLIDE 23

  24. 2. RTB III. Clinical Ed.Baghdad Moot Court SLIDE 24

  25. 2. RTB 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 SLIDE 25

  26. 2. RTB Baghdad Law Library (before) SLIDE 26

  27. 2. RTB Grand Opening of Baghdad Law Library(Feb. 05) SLIDE 27

  28. 2. RTB Baghdad Law Library (after) SLIDE 28

  29. 2. RTB Baghdad Law Library- Study Hall SLIDE 29

  30. 2. RTB ShaheedHall SLIDE 30

  31. 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) SLIDE 31

  32. 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 SLIDE 32

  33. Personal PerspectivesStatus 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 SLIDE 33

  34. Personal PerspectivesFormula 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 SLIDE 34

  35. Personal PerspectivesFormula 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) SLIDE 35

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