Iraq's Constitutional Process II


Book Description

Starting in Aug. 2004, the U.S. Inst. of Peace began providing in-country support on constitution making to Iraqi political, governmental, and civil society actors. The goal of this program is to maximize the transparency and inclusiveness of Iraq's constitutional process, enabling Iraqi citizens to engage directly with the drafters, and ensuring domestic ownership of the constitution. Morrow traveled frequently to Iraq. Through July and August 2005, he worked in Baghdad with Iraqi participants and with other international experts in the constitutional negotiations. He describes and analyzes the process of negotiating and drafting Iraq's constitution, and points to lessons for Iraq and for future constitutional processes. Map. A print on demand report.




The Iraq Study Group Report


Book Description

Presents the findings of the bipartisan Iraq Study Group, which was formed in 2006 to examine the situation in Iraq and offer suggestions for the American military's future involvement in the region.




The Iraqi Federation


Book Description

Political instability has characterised the modern history of Iraq, which has proven itself as a complex state to govern. However, the creation of a federal system in 2005 offers the potential for change and a deviation from a past characterised by authoritarian government, brutality and war. The Iraqi Federation explores why and how Iraq became a federal state, and analyses how the process of formation impacts on the operation of the Iraqi federal system. It argues that the different approaches taken by various federal theorists in the past, particularly William H. Riker’s bargain theory, are insufficient to explain the formation of the Iraqi federation completely. The process of the establishment of a federal Iraq must be understood in the context of its unique history and cultural specificity, as well as in the context of the other new federal models that have appeared since the end of the Cold War, including Belgium, the Russian Federation, Ethiopia, Bosnia and Herzegovina and Nigeria. Drawing on interviews with contemporary political players in Iraq, this book helps to deepen our understanding of how one of the newest federal states operates in a practical sense. By linking the new federal models to the classic federal theory, it also provides a unique contribution to theories on federal state formation. It will therefore be of great interest to students and scholars of Middle East Politics, as well as those studying Federalism.




For the Love of Humanity


Book Description

On February 15, 2003, millions of people around the world demonstrated against the war that the United States, the United Kingdom, and their allies were planning to wage in Iraq. Despite this being the largest protest in the history of humankind, the war on Iraq began the next month. That year, the World Tribunal on Iraq (WTI) emerged from the global antiwar movement that had mobilized against the invasion and subsequent occupation. Like the earlier tribunal on Vietnam convened by Bertrand Russell and Jean-Paul Sartre, the WTI sought to document—and provide grounds for adjudicating—war crimes committed by the United States, the United Kingdom, and their allied forces during the Iraq war. For the Love of Humanity builds on two years of transnational fieldwork within the decentralized network of antiwar activists who constituted the WTI in some twenty cities around the world. Ayça Çubukçu illuminates the tribunal up close, both as an ethnographer and a sympathetic participant. In the process, she situates debates among WTI activists—a group encompassing scholars, lawyers, students, translators, writers, teachers, and more—alongside key jurists, theorists, and critics of global democracy. WTI activists confronted many dilemmas as they conducted their political arguments and actions, often facing interpretations of human rights and international law that, unlike their own, were not grounded in anti-imperialism. Çubukçu approaches this conflict by broadening her lens, incorporating insights into how Amnesty International, Human Rights Watch, and the Iraqi High Tribunal grappled with the realities of Iraq's occupation. Through critical analysis of the global debate surrounding one of the early twenty-first century's most significant world events, For the Love of Humanity addresses the challenges of forging global solidarity against imperialism and makes a case for reevaluating the relationships between law and violence, empire and human rights, and cosmopolitan authority and political autonomy.




Negotiating in Civil Conflict


Book Description

In 2005, Iraq drafted its first constitution and held the country’s first democratic election in more than fifty years. Even under ideal conditions, drafting a constitution can be a prolonged process marked by contentious debate, and conditions in Iraq are far from ideal: Iraq has long been racked by ethnic and sectarian conflict, which intensified following the American invasion and continues today. This severe division, which often erupted into violence, would not seem to bode well for the fate of democracy. So how is it that Iraq was able to surmount its sectarianism to draft a constitution that speaks to the conflicting and largely incompatible ideological view of the Sunnis, Shi’ah, and Kurds? Haider Ala Hamoudi served in 2009 as an adviser to Iraq’s Constitutional Review Committee, and he argues here that the terms of the Iraqi Constitution are sufficiently capacious to be interpreted in a variety of ways, allowing it to appeal to the country’s three main sects despite their deep disagreements. While some say that this ambiguity avoids the challenging compromises that ultimately must be made if the state is to survive, Hamoudi maintains that to force these compromises on issues of central importance to ethnic and sectarian identity would almost certainly result in the imposition of one group’s views on the others. Drawing on the original negotiating documents, he shows that this feature of the Constitution was not an act of evasion, as is sometimes thought, but a mark of its drafters’ awareness in recognizing the need to permit the groups the time necessary to develop their own methods of working with one another over time.




What We Owe Iraq


Book Description

What do we owe Iraq? America is up to its neck in nation building--but the public debate, focused on getting the troops home, devotes little attention to why we are building a new Iraqi nation, what success would look like, or what principles should guide us. What We Owe Iraq sets out to shift the terms of the debate, acknowledging that we are nation building to protect ourselves while demanding that we put the interests of the people being governed--whether in Iraq, Afghanistan, Kosovo, or elsewhere--ahead of our own when we exercise power over them. Noah Feldman argues that to prevent nation building from turning into a paternalistic, colonialist charade, we urgently need a new, humbler approach. Nation builders should focus on providing security, without arrogantly claiming any special expertise in how successful nation-states should be made. Drawing on his personal experiences in Iraq as a constitutional adviser, Feldman offers enduring insights into the power dynamics between the American occupiers and the Iraqis, and tackles issues such as Iraqi elections, the prospect of successful democratization, and the way home. Elections do not end the occupier's responsibility. Unless asked to leave, we must resist the temptation of a military pullout before a legitimately elected government can maintain order and govern effectively. But elections that create a legitimate democracy are also the only way a nation builder can put itself out of business and--eventually--send its troops home. Feldman's new afterword brings the Iraq story up-to-date since the book's original publication in 2004, and asks whether the United States has acted ethically in pushing the political process in Iraq while failing to control the security situation; it also revisits the question of when, and how, to withdraw.




The End of Iraq


Book Description

The invasion of Iraq by American, British and other coalition forces has indeed transformed the Middle East, but not as the Bush and Blair administrations had imagined. It is Iran, not Western-style democracy, that has emerged as the big winner, creating a Tehran-Baghdad axis that would have been unthinkable before the war. THE END OF IRAQ is the definitive account of the US and UK's catastrophic involvement in Iraq, as told by America's leading independent expert on the country. Peter Galbraith reveals in exquisite detail how US policies -- some going back to the Reagan administration -- have now produced a nearly independent Kurdistan in the north, an Islamic state in the south, and uncontrollable insurgency in the centre, and an incipient Sunni-Shiite civil war that has Baghdad as its central front. Iraq, Galbraith argues, cannot be reconstructed as a single state. Instead, a sensible strategy must accept that it has already broken up and focus instead on stopping an escalating civil war. Unflinching, accessible and powerful, THE END OF IRAQ explores and explains the myriad mistakes and false assumptions that have brought the country to its current pass, and what must be done to prevent further bloodshed.




Keeping Faith with the Constitution


Book Description

Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.