Accession Number:

ADA429242

Title:

Rule of Law in Iraq: Transitional Justice Under Occupation

Descriptive Note:

Monograph

Corporate Author:

ARMY COMMAND AND GENERAL STAFF COLL FORT LEAVENWORTH KS SCHOOL OF ADVANCED MILITARY STUDIES

Personal Author(s):

Report Date:

2004-05-26

Pagination or Media Count:

60.0

Abstract:

In 2003, the United States led a Coalition force into Iraq to depose Saddam Husseins repressive Baath Party regime. Under the provisions of the Hague Regulation of 1907, the Coalition became an occupying power with all of the attendant rights and responsibilities. To administer Iraq during the occupation, the United States and its allies established the Coalition Provisional Authority. The Coalitions responsibilities included establishing the rule of law to replace Saddam Husseins rule by decree. The key elements of establishing the rule of law were helping Iraq to reestablish its judicial system and deal with its past. Following the war, Iraqs justice system was a complete shambles. The courts were looted and vandalized and the legal codes were corrupted by decades of Saddam Husseins decrees. Thousands of former regime officials were subject to criminal charges for participating in the Baath Partys brutal acts. To deal with the complex issues involved in restoring the rule of law, the Coalition Provisional Authority and the Iraqi Governing Council looked to concepts of transitional justice developed during the last part of the twentieth century. This monograph compares the Coalition Provisional Authoritys application of transitional justice mechanisms to international experts recommendations. The majority of current thought on transitional justice derives from transitions in former Communist regimes of Eastern Europe, and South Africa after apartheid. As a study of justice under occupation, the paper focuses on transitional mechanisms appropriate to an occupying power. Military planners need guidelines and effective analysis to plan for restoring rule of law in occupations and peace operations. The Coalition Provisional Authoritys errors are significant. The administrative justice process of de-Baathification disenfranchised tens of thousands Despite these problems, the Coalition Provisional Authoritys over

Subject Categories:

  • Government and Political Science
  • Sociology and Law

Distribution Statement:

APPROVED FOR PUBLIC RELEASE