Iraq

The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country.

Looks at the Caolition Provisional Authority's efforts to rebuild Iraq's security sector and provides lessons learned.

Soon after the coalition’s occupation of Iraq began in April 2003, it became evident that prewar assumptions about the security situation that would follow the ouster of Saddam Hussein had been unduly optimistic. The environment was not benign—in fact, it was deteriorating. Iraqi security forces had largely disintegrated, and those that remained were incapable of responding to rising criminality and political violence. In this environment, the coalition confronted three security imperatives: (1) to restore order and neutralize insurgents and terrorists; (2) to rebuild Iraqi security forces, which could eventually take on responsibility for Iraq’s security; and (3) to build security sector institutions, such as national security management institutions, the interior and defense ministries, and the justice sector, to ensure that the Iraqi security sector could be an effective bulwark for a democratic Iraq in the future.

At the time that the Coalition Provisional Authority (CPA) handed over authority to the Iraqi Interim Government (IIG) on June 28, 2004, it was clear that the coalition had made little progress in the first task. Insurgent and terrorist violence was escalating, organized crime was flourishing, and the security situation was threatening both the political transition and the reconstruction program. The coalition’s record on the second and third tasks, however, is somewhat less simply categorized. From April 2003, the coalition embarked on efforts to rapidly field Iraqi security forces and to build security sector institutions. This effort was broad in scope, but its implementation was patchy, its results were varying, and its ultimate success or failure remains difficult to determine. Significant analysis has focused on the inability of the coalition to adequately counter political violence and crime in post-Saddam Iraq. There has also been considerable discussion about the coalition’s effort to develop Iraqi security forces. The matter of institutionbuilding, however, has been largely ignored by observers and policymakers; it is often seen as a long-term issue that is too far removed from immediate security needs. But the three efforts are interdependent: Iraq’s future security depends on its indigenous security forces, and these forces’ success and sustainability depend on the institutions that support them. This report concerns itself with the efforts to build both forces and institutions in Iraq. It provides a historical record of the coalition’s experience and seeks, insofar as is possible at this early stage, to draw lessons from the successes and failures of that experience.

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Until recently, governments and militaries have preferred to focus attention and resources on conventional military operations rather than stabilization and reconstruction missions. Thus, skills and capacities for the latter set of missions have remained underdeveloped or have been allowed to atrophy. U.S. experiences in Iraq and Afghanistan have demonstrated, however, that improving U.S. capacity for stabilization and reconstruction operations is critical to national security. To help craft a way ahead, the authors provide an overview of the requirements posed by stabilization and reconstruction operations and recommend ways to improve U.S. capacity to meet these needs. Among other findings, the authors suggest that the United States

• emphasize building civilian rather than military capacity
• realign and reform existing agencies rather than creating new organizations
• fund and implement the Civilian Stabilization Initiative
• improve deployable police capacity
• develop stronger crisis-management processes
• ensure coherent guidance and funding.

The privatization of security understood as both the top-down decision to outsource military and security-related tasks to private firms and the bottom-up activities of armed non-state actors such as rebel opposition groups, insurgents, militias, and warlord factions has implications for the state's monopoly on the legitimate use of force. Both top-down and bottom-up privatization have significant consequences for effective, democratically accountable security sector governance as well as on opportunities for security sector reform across a range of different reform contexts. This volume situates security privatization within a broader policy framework, considers several relevant national and regional contexts, and analyzes different modes of regulation and control relating to a phenomenon with deep historical roots but also strong links to more recent trends of globalization and transnationalization. Alan Bryden is deputy head of research at the Geneva Centre for the Democratic Control of Armed Forces (DCAF). Marina Caparini is senior research fellow at the Geneva Centre for the Democratic Control of Armed Forces (DCAF).

Security sector reform (SSR) is widely recognized as key to conflict prevention, peace-building, sustainable development, and democratization. SSR has gained most practical relevance in the context of post-conflict reconstruction of so-called "failed states'" and states emerging from violent internal or inter-state conflict. As this volume shows, almost all states need to reform their security sectors to a greater or lesser extent, according to the specific security, political and socio-economic contexts, as well as in response to the new security challenges resulting from globalization and post-9/11 developments. Alan Bryden is a researcher at the Geneva Centre for the Democratic Control of Armed Forces. Heiner Hnggi is assistant director of the Geneva Centre for the Democratic Control of Armed Forces.