SHIFT TO IRAQI PRIORITIES IN FIFTH ANNUAL RULE OF LAW

UNCLAS SECTION 01 OF 02 BAGHDAD 000511

SENSITIVE
SIPDIS

DEPT FOR INL, NEA/I
JUSTICE PASS TO JOHN EULER, ANDREW NORMAN, PHIL LYNCH

E.O. 12958: N/A
TAGS: PGOV PHUM PREL IZ US
SUBJECT: SHIFT TO IRAQI PRIORITIES IN FIFTH ANNUAL RULE OF LAW
CONFERENCE

REF: 2008 Baghdad 8208


1. (SBU) SUMMARY: The Embassy Rule of Law Coordinator's Office
(ROLC) and the Multi-National Force-Iraq (MNF-I) Staff Judge
Advocate's Office co-hosted the Fifth Annual Rule of Law Conference
at the New Embassy Compound February 17-18. The purpose of the
conference was two-fold. The first day was intended to facilitate
coordination of U.S. Government (USG) military and civilian
initiatives. The second day was focused on seeking and obtaining
guidance from the Government of Iraq (GOI) on how the USG and
international community and visiting forces could best assist in
Rule of Law efforts. USG Rule of Law practitioners exchanged
information regarding joint and parallel Rule of Law efforts across
Iraq. Additionally, the USG and international community conveyed to
our Iraqi guests our intent to support Iraqi Rule of Law priorities
rather than impose our own and played a listening role as the GOI
representatives discussed issues of concern to them. END SUMMARY.

BACKGROUND


2. (SBU) The USG has hosted four previous Rule of Law conferences,
the most recent on May 19-21, 2008, at the Blackhawk Conference
Center in the International Zone. This year's conference built upon
prior successes but is distinguishable because of the breadth and
depth of focus on Iraqi priorities and leadership. The second day
of the conference was primarily given over to panels of Iraqi
speakers, and the theme was post-UNSCR Iraqi-led Rule of Law
initiatives with an emphasis on the support role that the USG and
international community now play.

DAY 1 - FACILITATING USG COORDINATION


3. (U) The Deputy Commanding General of MNF-I opened the first day
by emphasizing that time was limited and that everyone needed to
focus on both transition and sustainability. He also urged the
attendees to avoid "stove piping" by coordinating across the Rule of
Law capacity-building community. Seventy-five guests were in
attendance, including Resident Legal Advisors (RLAs) from Provincial
Reconstruction Teams (PRTs),their military counterparts, senior
ROLC and MNF-I legal advisors, representatives from the Embassy
Political and Political-Military Affairs Offices, Office of
Provincial Affairs (OPA),Bureau of International Narcotics and Law
Enforcement Affairs (INL),Anti-Corruption Coordinator's Office, and
representatives from the British and Italian Embassies.


4. (U) During the morning sessions, the PRT RLAs and their
associated military Rule of Law practitioners assessed their areas
of responsibility. They discussed the unique challenges faced in
each area, as well as their innovative approaches and solutions.
Most notable was the team approach that the civilian and military
Rule of Law practitioners have developed. PRT RLAs lead the Rule of
Law capacity building effort with the military playing a significant
supporting role. In areas more challenged by security issues, the
military continues to play a more prominent role out of necessity.
Nonetheless, several military representatives and RLAs stated that
the senior military commanders in their areas of responsibility had
explicitly directed that the military's role was to support the
PRT-led Rule of Law efforts.


5. (U) The afternoon sessions consisted of a series of subject
matter focused presentations. First, Task Force 134 and
Multi-National Corps-Iraq (MNC-I) presented an update on detention
operations, and the International Criminal Investigative Training
Qoperations, and the International Criminal Investigative Training
Assistance Program (ICITAP) and MNF-I discussed Iraqi detention
capacity. Additionally, the Justice Attache provided an update and
analysis regarding the judicial security plan. Next, the Law and
Order Task Force (LAOTF) spoke about its judicial throughput
initiatives, and INL spoke about its capacity building initiatives.
Finally, MNF-I and OPA discussed funding and program updates, and
Multi-National Security Transition Command-Iraq (MNSTC-I) briefed
ongoing police training efforts.

Day 2 - SEEKING GOI GUIDANCE


6. (U) The Charge d'Affaires opened the second day of the
conference emphasizing that the USG and international community are
seeking to understand what support the GOI needs and desires in
order to enhance the Rule of Law in Iraq. Ninety-four guests were
in attendance, including 16 Iraqi representatives from the
Ministries of Interior, Justice, Labor and Social Affairs, Human
Rights, and Defense, as well as two senior judges. The Acting
Minister of Justice and Minister of Human Rights attended the
morning sessions. Ten members of the international community
attended, representing the United Nations Assistance Mission for
Iraq (UNAMI),United Nations Development Programme (UNDP),the
European Union's Integrated Rule of Law Mission for Iraq (EUJUST

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LEX),the European Commission (EC),and the British and Italian
Embassies. The International Committee of the Red Cross (ICRC) was
invited but unable to attend.


7. (SBU) The remainder of the morning was devoted entirely to
presentations by the GOI. The first panel focused on the
development of Rule of Law within the Ministry of the Interior
(MOI). The panel consisted of four Ministry representatives,
including the Inspector General, Director of Internal Affairs,
General Counsel, and Chief Judge of the MOI courts. The panelists
focused primarily on anti-corruption efforts. Several speakers made
the point that, since the creation of the internal MOI courts, the
Ministry has been able to effectively and quickly deal with police
misconduct, increasing the Iraqi public's trust in police forces by
ensuring no one is above the law. According to conference attendee
Maj. Gen. (Dr.) Saad al Hindawi, Chief Counsel and Legal Advisor for
the MOI, since the internal courts were created in late July 2008,
1,047 cases were referred to the Internal Security Forces court
system, and 6,000 were referred to the civilian system, 4,200 of
which were corruption cases.


8. (SBU) The second morning panel was asked to describe how the
international community and visiting forces could best support Iraq
in enhancing the Rule of Law. The Anti-corruption Coordinator
facilitated this panel in Arabic. The speakers were the Minister of
Human Rights, Ministry of Justice Inspector General, representatives
from the Ministries of Interior and Defense, and the Chief
Investigative Judge for the Central Criminal Court of Iraq at Karkh
(CCCI-Karkh). Most panelists did not address the question directly
but spoke broadly about the importance of achieving the Rule of Law
and how their respective organizations were seeking to achieve that
goal. Both the Minister of Human Rights and the Ministry of Justice
Inspector General spoke of the need for empowered and resourced
oversight mechanisms that lead to accountability. The judge spoke
about the need to consolidate the courts into one judicial system,
suggesting that the MOI and Ministry of Defense courts should fall
under Higher Judicial Council supervision.


9. (SBU) The afternoon was divided between the international
community and the GOI, but the theme throughout was GOI leadership.
The first panel addressed Rule of Law initiatives within the
international community. The panelists included representatives
from the EC, UNDP, EUJUST LEX, and the British and Italian
Embassies. Several panelists identified the need for increased
synchronization of Rule of Law capacity building efforts. Speakers
called upon Iraq to lead the effort because all of these projects
must ultimately support Iraqi goals.


10. (SBU) The final panel was asked to discuss how the international
community and visiting forces could support Iraq's efforts to
improve oversight institutions to protect human rights. The panel
consisted of representatives from the Ministries of Interior and
Defense and the Chief Appellate Judge from CCCI-Rusafa. The
representatives from the Ministries of Defense and Justice spoke
about inhumane detention conditions and their respective Ministries'
efforts to inspect and improve those facilities. The judicial
representative discussed challenges encountered in seeking to ensure
that Ministries respect and enforce judicial orders, particularly
release orders. The Ministry representatives highlighted resource
Qrelease orders. The Ministry representatives highlighted resource
challenges unique to the current security environment. The MOI
representative pointed out that an Iraqi detective can have more
than a hundred active cases, which they must pursue without
vehicles.

CONFERENCE GOALS WERE ACHIEVED


11. (SBU) The Rule of Law Conference was successful in achieving its
primary objectives. First, USG Rule of Law practitioners, both
civilian and military, learned about the ongoing efforts of their
counterparts, the need to coordinate with one another, and the
resources available to them to accomplish their respective missions.
They also gained a better appreciation for diminishing resources,
particularly time and influence, as well as the need to emphasize
sustainability. Second, the USG and international community
conveyed to the GOI our desire to play a supportive role and
listened as Iraqi panelists discussed their goals and priorities.
Finally, the USG expressed to the international community its desire
to partner with them in supporting Iraq's Rule of Law capacity
building initiatives.

BUTENIS