Iraqi National Foundation for Remembrance
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Bremer's Gordian Knot: Transitional Justice and the US Occupation of Iraq Eric Stover Berkeley Law
Berkeley Law Berkeley Law Scholarship Repository Faculty Scholarship 1-1-2005 Bremer's Gordian Knot: Transitional Justice and the US Occupation of Iraq Eric Stover Berkeley Law Hanny Megally Hania Mufti Follow this and additional works at: https://scholarship.law.berkeley.edu/facpubs Part of the Law Commons Recommended Citation Bremer's Gordian Knot: Transitional Justice and the US Occupation of Iraq, 27 Hum. Rts. Q. 830 (2005) This Article is brought to you for free and open access by Berkeley Law Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Berkeley Law Scholarship Repository. For more information, please contact [email protected]. HUMAN RIGHTS QUARTERLY Bremer's "Gordian Knot": Transitional Justice and the US Occupation of Iraq Eric Stover,* Hanny Megally, ** & Hania Mufti*** ABSTRACT Shortly after the US invasion and occupation of Iraq, L. Paul Bremer III, in his capacity as the chief administrator of the Coalition Provisional Author- ity (CPA), introduced several transitional justice mechanisms that set the *Eric Stover is Director of the Human Rights Center at the University of California, Berkeley, and Adjunct Professor in the School of Public Health. In 1991, Stover led a team of forensic scientists to northern Iraq to investigate war crimes committed by Iraqi troops during the Anfal campaign against the Kurds in the late 1980s. In March and April 2003, he returned to northern Iraq where he and Hania Mufti monitored the compliance with the 1949 Geneva Conventions by all sides to the conflict. He returned to Iraq in February 2004 to assist Mufti in investigating the status of documentary and physical evidence to be used in trials against Saddam Hussein and other members of the Ba'athist Party. -
A Bitter Legacy: Lessons of De-Baathification in Iraq
International Center for Transitional Justice IRAQ A Bitter Legacy: Lessons of De-Baathifi cation in Iraq Miranda Sissons and Abdulrazzaq Al-Saiedi March 2013 Cover: Baath Party membership card. International Center for Transitional Justice IRAQ A Bitter Legacy: Lessons of De-Baathifi cation in Iraq Miranda Sissons and Abdulrazzaq Al-Saiedi March 2013 International Center A Bitter Legacy: Lessons of de-Baathifi cation in Iraq for Transitional Justice Acknowledgements The authors wish to acknowledge the vital contributions of Tha’ir al-Da’mi, Serge Rumin, and Alexander Mayer-Riekh. We particularly wish to thank the many Iraqi offi cials, parliamentarians, judges, and others whom we interviewed between 2006 and 2011, including many members of the Higher National de-Baathifi cation Commission. Many of our interlocutors died, fl ed, or suff ered other serious harms during the period of research. We remember you all. About the Author This report was written by Miranda Sissons, former chief of staff at ICTJ, and Abdulrazzaq Al-Saiedi, an ICTJ consultant. The report also benefi ted from a signifi cantly earlier version developed by Miranda Sissons and ICTJ consultant Dr Eric Scheye. About ICTJ The International Center for Transitional Justice is an international nonprofi t organization specializing in the fi eld of transitional justice. ICTJ works to help societies in transition address legacies of massive human rights violations and to build civic trust in state institutions as protectors of human rights. In the aftermath of mass atrocity and repression, we assist institutions and civil society groups—the people who are driving and shaping change in their societies—in considering measures to provide truth, accountability, and redress for past abuses. -
Iraq: U.S. Regime Change Efforts and Post-Saddam Governance
Order Code RL31339 CRS Report for Congress Received through the CRS Web Iraq: U.S. Regime Change Efforts and Post-Saddam Governance Updated May 16, 2005 Kenneth Katzman Specialist in Middle Eastern Affairs Foreign Affairs, Defense, and Trade Division Congressional Research Service ˜ The Library of Congress Iraq: U.S. Regime Change Efforts and Post-Saddam Governance Summary Operation Iraqi Freedom accomplished a long-standing U.S. objective, the overthrow of Saddam Hussein, but replacing his regime with a stable, moderate, democratic political structure has been complicated by a persistent Sunni Arab-led insurgency. The Bush Administration asserts that establishing democracy in Iraq will catalyze the promotion of democracy throughout the Middle East. The desired outcome would also likely prevent Iraq from becoming a sanctuary for terrorists, a key recommendation of the 9/11 Commission report. The Bush Administration asserts that U.S. policy in Iraq is now showing substantial success, demonstrated by January 30, 2005 elections that chose a National Assembly, and progress in building Iraq’s various security forces. The Administration says it expects that the current transition roadmap — including votes on a permanent constitution by October 31, 2005 and for a permanent government by December 15, 2005 — are being implemented. Others believe the insurgency is widespread, as shown by its recent attacks, and that the Iraqi government could not stand on its own were U.S. and allied international forces to withdraw from Iraq. Some U.S. commanders and senior intelligence officials say that some Islamic militants have entered Iraq since Saddam Hussein fell, to fight what they see as a new “jihad” (Islamic war) against the United States. -
The President's News Conference April 13, 2004
580 Apr. 13 / Administration of George W. Bush, 2004 with our neighbors to advance the Declara- Iraqi Shi’a. He’s been indicted by Iraqi au- tion’s goals to safeguard our citizens as we thorities for the murder of a prominent Shi’a build for a future that is peaceful, just, and cleric. prosperous. Although these instigations of violence Now, Therefore, I, George W. Bush, come from different factions, they share President of the United States of America, common goals. They want to run us out of by virtue of the authority vested in me by Iraq and destroy the democratic hopes of the the Constitution and laws of the United Iraqi people. The violence we have seen is States, do hereby proclaim April 14, 2004, a power grab by these extreme and ruthless as Pan American Day and April 11 through elements. It’s not a civil war. It’s not a pop- April 17, 2004, as Pan American Week. I ular uprising. urge the Governors of the 50 States, the Gov- Most of Iraq is relatively stable. Most ernor of the Commonwealth of Puerto Rico, Iraqis, by far, reject violence and oppose dic- and the officials of other areas under the flag tatorship. In forums where Iraqis have met of the United States of America to honor to discuss their political future and in all the these observances with appropriate cere- proceedings of the Iraqi Governing Council, monies and activities. Iraqis have expressed clear commitments. In Witness Whereof, I have hereunto set They want strong protections for individual my hand this thirteenth day of April, in the rights. -
Iraq's Evolving Insurgency
CSIS _______________________________ Center for Strategic and International Studies 1800 K Street N.W. Washington, DC 20006 (202) 775 -3270 Access: Web: CSIS.ORG Contact the Author: [email protected] Iraq’s Evolving Insurgency Anthony H. Cordesman Center for Strategic and International Studies With the Assistance of Patrick Baetjer Working Draft: Updated as of August 5, 2005 Please not e that this is part of a rough working draft of a CSIS book that will be published by Praeger in the fall of 2005. It is being circulated to solicit comments and additional data, and will be steadily revised and updated over time. Copyright CSIS, all rights reserved. All further dissemination and reproduction must be done with the written permission of the CSIS Cordesman: Iraq’s Evolving Insurgency 8/5/05 Page ii I. INTR ODUCTION ................................ ................................ ................................ ................................ ..... 1 SADDAM HUSSEIN ’S “P OWDER KEG ” ................................ ................................ ................................ ......... 1 AMERICA ’S STRATEGIC MISTAKES ................................ ................................ ................................ ............. 2 AMERICA ’S STRATEGIC MISTAKES ................................ ................................ ................................ ............. 6 II. THE GROWTH AND C HARACTER OF THE INSURGENT THREA T ................................ ........ 9 DENIAL AS A METHOD OF COUNTER -INSURGENCY WARFARE ............................... -
The Saban Center for Middle East Policy at the Brookings Institution
THE SABAN CENTER FOR MIDDLE EAST POLICY AT THE BROOKINGS INSTITUTION “IRAQ: THE ROAD AHEAD” A LUNCHEON DISCUSSION WITH: HOSHYAR ZABARI, FOREIGN MINISTER OF THE IRAQI GOVERNING COUNCIL WEDNESDAY, OCTOBER 1, 2003 Transcript by: Federal News Service Washington, D.C. KEN POLLACK: Thank you. We would like to get this session underway. Welcome to all of you to the Saban Center for Middle East Policy here at The Brookings Institution. I think just about all of you know our guest speaker, so I’m going to keep my remarks very brief. I’m only going to say that I met Hoshyar I think about nine years ago, and while I was delighted with his company, by his insight into Iraq -- and I certainly had great hopes -- I will say that nine years ago I was a bit skeptical that we would ever be where we are today. And while it is true that the Governing Council is still only an interim authority inside Iraq, it is still a great pleasure for me to welcome Hoshyar Zebari, longtime KDP leader, as the foreign minister of the new Iraqi government. Hoshyar? (Applause.) HOSHYAR ZEBARI: Thank you, Ken. Thank you very much. I’m very honored to be here today at this prestigious institute to address these distinguished guests. It is indeed an honor for me to be with you here as the interim Iraqi foreign minister, as I’m sure Iraq’s foreign minister has not been here for many years. As we look back over the last year, we, the Iraqis, have no doubt that the U.S.- and British-led war on Saddam Hussein was fully justified. -
ISIS Success in Iraq: a Movement 40 Years in the Making Lindsay Church a Thesis Submitted in Partial Fulfillment of the Requirem
ISIS Success in Iraq: A Movement 40 Years in the Making Lindsay Church A thesis submitted in partial fulfillment of the requirements for the degree of MASTER OF ARTS IN INTERNATIONAL STUDIES: MIDDLE EAST University of Washington 2016 Committee: Terri DeYoung Arbella Bet-Shlimon Program Authorized to Offer Degree: Jackson School of International Studies !1 ©Copyright 2016 Lindsay Church !2 University of Washington Abstract ISIS Success in Iraq: A Movement 40 Years in the Making Lindsay Church Chair of the Supervisory Committee: Terri DeYoung, Near Eastern Language and Civilization In June 2014, the Islamic State of Iraq and Syria (ISIS)1 took the world by surprise when they began forcibly taking control of large swaths of territory in Iraq and Syria. Since then, policy makers, intelligence agencies, media, and academics have been scrambling to find ways to combat the momentum that ISIS has gained in their quest to establish an Islamic State in the Middle East. This paper will examine ISIS and its ability to build an army and enlist the support of native Iraqis who have joined their fight, or at the very least, refrained from resisting their occupation in many Iraqi cities and provinces. In order to understand ISIS, it is imperative that the history of Iraq be examined to show that the rise of the militant group is not solely a result of contemporary problems; rather, it is a movement that is nearly 40 years in the making. This thesis examines Iraqi history from 1968 to present to find the historical cleavages that ISIS exploited to succeed in taking and maintaining control of territory in Iraq. -
The Smiling, Scented Men: the Political Worldview of The
THE SMILING, SCENTED MEN: THE POLITICAL WORLDVIEW OF THE ISLAMIC STATE OF IRAQ, 2003-2013 By CRAIG ANDREW WHITESIDE A dissertation submitted in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY WASHINGTON STATE UNIVERSITY Department of Politics, Philosophy, and Public Affairs DECEMBER 2014 ©Copyright by CRAIG ANDREW WHITESIDE, 2014 All Rights Reserved © Copyright by CRAIG ANDREW WHITESIDE, 2014 All Rights Reserved ii To the Faculty of Washington State University: The members of the Committee appointed to examine the dissertation of CRAIG ANDREW WHITESIDE find it satisfactory and recommend that it be accepted. _____________________________ Martha Cottam, Ph.D., Chair _____________________________ Thomas Preston, Ph.D. _____________________________ Otwin Marenin, Ph.D. iii ACKNOWLEDGEMENT I could not have written this dissertation without the help of many people who took the time to care about my research and help me. Heider al Khoei and Fanar Haddad corresponded with me and explained various Iraqi slang and ideas about sectarian trends in Iraq from 1979 to the present. Mo Hafez shared his book Suicide Bombers in Iraq with me and gave me valuable feedback at the Naval Postgraduate School at Monterey, California at one of my presentations about this research. Karl Walling shared with me his idea about strategy as pathology. My colleague Jan Breemer listened to many of my ideas, as did Jon Czarnecki, Mitch Brown, and Casey Lucius – all of the Naval War College, Monterey. Steven Metz shared with me a chapter of a previous work that answered an important question that informed my research. Joel Rayburn shared his excellent new book with me, Iraq after America, which had some great ideas and terms that I used (and acknowledged) in the paper. -
The Enigmatic Origin of the Cpa: an Attribute of the Unitary Executive
BEJESKY.DOC 3/20/2015 12:47 PM THE ENIGMATIC ORIGIN OF THE CPA: AN ATTRIBUTE OF THE UNITARY EXECUTIVE ROBERT BEJESKY TABLE OF CONTENTS I. INTRODUCTION..............................................................................269 II. SECESSION MOVEMENTS IN IRAQ,OIL, AND DEMOCRACY ...........273 III. SEQUENCE OF IRAQI GOVERNMENTS &ELECTIONS ....................279 IV. THE CPA IMPOSING ITS WILL ....................................................291 V. FROM WHERE DID THE CPA EMERGE? .......................................298 A. State Responsibility .........................................................298 B. Was the CPA Established by the Security Council?........299 C. Actual Control in the White House..................................310 VI. CONCLUSION..............................................................................315 I. INTRODUCTION President George W. Bush was known for taking executive unilateralism to an entirely new level1 by systematically referencing the Commander in Chief authority to discretionarily execute operations correlative to the use of force,2 including when M.A. Political Science (Michigan), M.A. Applied Economics (Michigan), LL.M. International Law (Georgetown). The author has taught international law courses for Cooley Law School and the Department of Political Science at the University of Michigan, American Government and Constitutional Law courses for Alma College, and business law courses at Central Michigan University and the University of Miami. 1. See Jules Lobel, Conflicts Between the Commander in Chief and Congress: Concurrent Power over the Conduct of War, 69 OHIO ST. L.J. 391, 391–93 (2008); see also Bruce Fein, A Forum on Presidential Authority, at Seattle University School of Law (November 3, 2006), in 6SEATTLE J. SOC.JUST. 23, 89 (2007) (opining that, during his presidency, “President Bush . engaged in unprecedented usurpations of powers properly entrusted to the other branches of government”). 2. See Michael P. -
Iraqi Kurdistan: Toward a Historic Compromise
IRAQ'S KURDS: TOWARD AN HISTORIC COMPROMISE? 8 April 2004 ICG Middle East Report N°26 Amman/Brussels TABLE OF CONTENTS EXECUTIVE SUMMARY AND RECOMMENDATIONS................................................. i I. INTRODUCTION: THE FEDERALISM FRACAS .................................................... 1 II. INDEPENDENCE OR FEDERALISM?...................................................................... 5 III. THE KIRKUK CRUCIBLE .......................................................................................... 8 A. DUELLING NARRATIVES........................................................................................................9 B. DE-ARABISATION ...............................................................................................................10 C. SHARING KIRKUK ...............................................................................................................15 IV. TOWARD AN HISTORIC COMPROMISE?......................................................... 17 V. CONCLUSION ............................................................................................................. 22 APPENDICES A. MAP OF IRAQ ......................................................................................................................24 B. MAP OF IRAQI KURDISTAN..................................................................................................25 C. ABOUT THE INTERNATIONAL CRISIS GROUP .......................................................................26 D. ICG REPORTS AND BRIEFING PAPERS -
Iraq: Meeting the Challenge, Sharing the Burden, Staying the Course
108th Congress "!S. PRT. 1st Session COMMITTEE PRINT 108–31 IRAQ: MEETING THE CHALLENGE, SHARING THE BURDEN, STAYING THE COURSE A Trip Report to Members OF THE COMMITTEE ON FOREIGN RELATIONS UNITED STATES SENATE Richard G. Lugar, Chairman JULY 2003 A Democratic Professional Staff Member with the Committee and the Foreign Policy Advisor to Senator Chuck Hagel traveled to Iraq from June 25–July 3 to evaluate reconstruction efforts. The Ranking Member, Senator Biden, and Senator Hagel asked that their report be submitted to Members of the Committee and printed. Available via the World Wide Web: http://www.access.gpo.gov/congress/ senate Printed for the use of the Committee on Foreign Relations U.S. GOVERNMENT PRINTING OFFICE 88–632 PDF WASHINGTON : 2003 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 11-MAY-2000 21:41 Jul 30, 2003 Jkt 000000 PO 00000 Frm 00001 Fmt 5012 Sfmt 5012 PUNEET3 SFRELA2 PsN: SFRELA2 COMMITTEE ON FOREIGN RELATIONS RICHARD G. LUGAR, Indiana, Chairman CHUCK HAGEL, Nebraska JOSEPH R. BIDEN, JR., Delaware LINCOLN CHAFEE, Rhode Island PAUL S. SARBANES, Maryland GEORGE ALLEN, Virginia CHRISTOPHER J. DODD, Connecticut SAM BROWNBACK, Kansas JOHN F. KERRY, Massachusetts MICHAEL B. ENZI, Wyoming RUSSELL D. FEINGOLD, Wisconsin GEORGE V. VOINOVICH, Ohio BARBARA BOXER, California LAMAR ALEXANDER, Tennessee BILL NELSON, Florida NORM COLEMAN, Minnesota JOHN D. ROCKEFELLER IV, West Virginia JOHN E. SUNUNU, New Hampshire JON S. -
Epr Atlas 939
Iraq Ethnicity in Iraq Group selection Population sizes were compared among four sources, the 1994 pro- jection of ANM, the 2003 Fearon list, the 1993 MAR list (using UN population estimates for 1995) and the CIA World Factbook list of ethnic groups for 2000 and 2005 (cp. references below). The following codings were made after the comparison of the different estimates: Shi’a Arabs: While the CIA and Gurr estimate the size of this group at 60%, other sources, including Fearon and the Fischer Weltalmanach give a value of 63%, which is consistent with the estimate that the Shi’a make up about 2/3 of the Muslim population of Iraq, which in turn is about 95% of the total population. For this reason, the slightly higher estimate is retained. Sunni Arabs, Kurds: The values for these two groups fluctuate somewhat, which is unsurprising since accurate estimates for the Kurdish population was harder to come by under the rule of Saddam Hussein and now, some parts of the Sunni Arab population have temporarily sought refuge in neighboring countries regularly return- ing for a short while when their visitors’ visa run out. After weighing all available estimates, the values of 19% for the Sunni Arab popula- tion and 16% for the Kurdish population were chosen. Power relations 1946-1979 After its independence from British administration in 1932, Iraq became a monarchy under King Faisal (2558). He fostered unity 2558 [Central Intelligence Agency, 2017] between the Sunni and Shi’a Arab communities in alignment with the prevailing movement at the time of Panarabism, which promoted Arab unity across the region.