Rule of Law

Country-Specific Projects: Iraq

USIP's Rule of Law Program (ROL) has contributed to the Institute's efforts to reduce inter-sectarian violence and foster stability through a range of projects in such areas as constitutional development, judicial independence, property law, and transitional justice.

Constitution Development

As part of its broader project on constitution-making processes, ROL has been assisting and evaluating the Iraqi constitutional development process since 2004 through a variety of activities including the following:

• In early 2005, ROL convened the first meeting to bring together senior legal advisors and political leaders from the various factions to explore how to organize Iraq's constitutional drafting process. The three-day closed-door meeting enabled these Iraqi stakeholders to network and hear about experiences in constitution-making from representatives from South Africa, Afghanistan, Albania, East Timor, Cambodia and Rwanda. In February 2006, ROL convened a 4-day meeting of senior representatives of Iraq's various Sunni factions to facilitate the development of consensus regarding the process and priorities for amendment to Iraq's constitution.
• USIP focused specific attention on increasing transparency and public participation in the constitutional process during the drafting period in 2005, through work with the Constitutional Commission's public outreach unit and through direct support with a wide array of civil society organizations, with particular attention to religious and ethnic minorities, women's groups and Sunni Arab groups at risk of being marginalized by the process.
'
• ROL has provided advice and technical assistance to Iraq's Constitutional Commission as it drafted the country's new charter and, subsequently, to the Constitutional Review Committee responsible for recommending amendments to the constitution. This has included the development of analytical papers and recommendations for the Committee, and expert consultations both in Baghdad and through video conference, on such issues as judicial federalism, the design of Iraq's second chamber of parliament, and methods of minority representation. This assistance is ongoing.

Of Related Interest

• From Gridlock to Compromise: How Three Laws Could Begin to Transform Iraqi Politics
  USIPeace Briefing, March 2008 (A shorter version of this repor was published by Foreign Policy)
• Constitutional Reform in Iraq: Improving Prospects, Political Decision Needed
  USIPeace Briefing, September 2007
• Weak Viability: The Iraqi Federal State and the Constitutional Amendment Process
  Special Report, July 2006
• Iraq's Constitutional Process II: An Opportunity Lost
  Special Report, December 2005
• Draft Constitution Gained, but an Important Opportunity Was Lost
  USIPeace Briefing, October 2005
• Iraq at a Juncture: Constitution, Referendum and Elections
  USIPeace Briefing, September 2005
• Iraq's Constitutional Process: Shaping a Vision for the Country's Future
  Special Report, February 2005
• Constitution-Making Process: Lessons For Iraq
  Congressional Testimony by Neil Kritz, June 25, 2003

Judicial Independence

ROL has played an important role in helping create the Iraqi Committee on Judicial Independence, a consortium of representatives from the Ministries of Human Rights and Justice, the judiciary, the legal community, civil society organizations, academia and the media from across Iraq. The ICJI has provided a forum for the development of consensus recommendations regarding the country's judicial system, and continues to consult with the Constitutional Review Committee and the Council of Representatives more generally to gain assurances for the independence of the judiciary.

Property Law

With more than 4 million Iraqis displaced from their homes, ROL is researching the nature and scope of current and potential property claims in Iraq and the measures being undertaken to address them. This effort is undertaken in conjunction with ROL's broader project to develop guidance and tools for the resolution of property disputes in post-conflict environments. Potential legal and institutional solutions will be explored at a USIP-organized conference with key Iraqi and international policymakers, experts on the problem of internally displaced persons and the property situation in Iraq, and specialists on property claims processes in a comparative perspective. The results, including findings and recommendations, will be synthesized into a report and disseminated to key stakeholders in Iraq and abroad.

Transitional Justice

ROL's assistance to Iraqi policymakers and the public to explore options for addressing the difficult legacy of past abuses includes dissemination, through governmental initiatives, public media and a range of NGO activities, of Arabic and Kurdish language versions of Confronting the Truth: Truth Commissions and Societies in Transition. This film, developed by USIP in cooperation with York Zimmerman, Inc., examines the use of truth commissions in various countries. Screenings are being organized with the Iraqi national and Kurdistan regional Ministries of Human Rights and other Iraqi and international partners, accompanied by discussions on the potential use or adaptation of this mechanism to help address Iraq's painful past.

In a prior phase, ROL provided advice on the establishment of the Iraqi Special Tribunal. A conference of experts in March 2004 brought together leading experts from other war crimes tribunals worldwide to provide practical and policy input to Iraqi stakeholders, and was followed by a Special Report, Building the Iraqi Special Tribunal, summarizing the insights and conclusions of the meeting. Once the court was established, ROL also commissioned of an expert in international criminal prosecution to advise the judges of the Iraqi Special Tribunal.

Of Related Interest

• Iraq's Special Tribunal May Be Flawed but Not Unfair
  Op-ed by Laurel Miller, October 2005, Financial Times

Networking Rule of Law Practitioners

The International Network to Promote the Rule of Law (INPROL) is an online knowledge network connecting more than 800 rule of law practitioners around the globe in an effort to share knowledge and turn lessons learned into lessons applied. INPROL has focused specially on enhancing information exchange among the rule of law community in Iraq, focusing on empowering rule of law practitioners in Provincial Reconstruction Teams with documents and contacts about specific reform challenges. Currently over 135 INPROL members have Iraq experience. |  Read more