Restoring the Rule of Law in Post-War Iraq: Steps, Missteps and a Call to Maximize International Support for Iraqi-Led Processes

摘要

When Coalition forces toppled Saddam Husseins tyrannical regime they found a formerly democratic legal system crippled by three decades of Ba'athist corruption. Public confidence that justice could be obtained under the law was virtually non-existent. Restoring the rule of law is a precondition for a stable secure economically-sound and democratic Iraq. Extensive reform of judicial penal and police institutions is required and has begun. In addition those responsible for atrocities and abuses must be purged from power prosecuted and punished. Remedies must be developed for victims of persecution by the former regime including redress for Iraqis forced from their homes to advance Ba'athist political aims. 'De-Ba'athification must also be complemented by some form of 'truth and reconciliation' for those who did not commit serious criminal acts but who benefited from affiliation with the Ba'ath Party. Coalition and Iraqi interim authorities have initiated processes for prosecutions resolution of property claims and the de-Ba'athification of Iraqi society. After an initial unwillingness to cede any real authority Coalition officials are finally beginning to transfer power to implement rule of law programs to interim Iraqi leaders. However with few exceptions significant substantive international participation has not been sought. History teaches that processes of transitional justice succeed when they acquire legitimacy among the affected population and in the eyes of the world community. Such legitimacy can best be achieved when Iraqi-owned processes are supported by international actors. The United Nations and other international organizations have substantial expertise from experience gained in other post-conflict settings. Coalition and interim Iraqi officials should draw heavily on this expertise and experience to help ensure success in reestablishing the rule of law and in the winning the peace in Iraq.