Iraq And The Rule Of Law

Distinguished international scholar Chibli Mallat draws from his two-decade long experience with US policy-makers and Iraqi leaders for this breakthrough text. Iraq: Guide to Law and Policy offers timely coverage and incisive analysis of the American-Iraq experience in war and nation-building--examining the successes and failures of the law and policy implemented since the 2003 change of regime in Iraq. An essential tool for understanding the issues and choices required for well-informed policy decisions, Iraq: Guide to Law and Policy features: The creation of the Iraqi constitution--with a set of article-by-article commentaries, a special focus on the resulting electoral laws and the amendment process Up-to-date coverage of all areas of Iraqi policy, ranging from international law, oil and the economy to the constitution, security, and the judiciary. Thoughtful analysis of past mistakes, current choices and opportunities, and tactical and strategic courses of action in Iraq An ideal complement for courses on constitutional, international, or comparative law, Iraq: Guide to Law and Policy offers fascinating insight for anyone interested in the historical and contemporary issues, law, and policy that shape Iraq and the future of US- Iraqi relations.

1. Types of Courts

The idea of building a blueprint ‘rule of law’ through military intervention has seized the imagination of practitioners and theorists alike in the past decade of peacebuilding operations, and an emphasis on simultaneous judicial reconstruction and security sector reform has emerged as their central strategy. This work, in a fresh approach based on recent military operations in Iraq and beyond, challenges both the universality of the blueprint and the doctrinal assumption that institutional reform by military interveners builds peace and legitimacy. In a comprehensive review, the essential role of the community in developing its own relationship with law, while interveners refocus exclusively on restoring public security using their extraordinary powers under international humanitarian law, emerges as the only future for ‘rule of law operations.’