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 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. 1. Transitional Justice SLIDE 3

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

5. 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 SLIDE 5

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

7. 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 2. RTB

8. Baghdad College of Law 2. RTB SLIDE 8SLIDE 8

9. BCL: Text Books Burned 2. RTB SLIDE 9

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

11. 2. RTB S L I D E 11

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

13. Sulaimaniya College of Law 2. RTB SLIDE 13

14. Suly Univ.: Internet Center 2. RTB SLIDE 14

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

16. 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 SLIDE 16

17. I. ROL Summer Abroad Program Cairo Univ. College of Law 2. RTB SLIDE 17

18. I. ROL Summer Abroad Program Rome: Anti-Mafia Prosecutor’s Office 2. RTB SLIDE 18

19. I. ROL Summer Abroad Program Siracusa: ISISC Workshops 2. RTB SLIDE 19

20. I. ROL Summer Abroad Program Chicago: IHRLI Workshops 2. RTB SLIDE 20

21. 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 2. RTB SLIDE 21

22. II. Curriculum Reform Working Groups International Trade Law Group 2. RTB SLIDE 22

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

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

25. 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 SLIDE 25

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

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

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

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

30. Shaheed Hall SLIDE 30 2. RTB

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 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 SLIDE 33

34. 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 SLIDE 34

35. 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) SLIDE 35