Enemy Images, Coercive Socio-Engineering and Civil War in Iraq

Previous attempts to explain US policy towards Iraq from 2003 onwards have understood US intentions and actions through a coherent, rational-utility-maximizing model of the state. This article seeks to de-centre this rationalist explanation by examining the ideational drivers that shaped the Bush administration’s understanding of Iraq and hence its policy towards the remaking of its post-invasion politics. In order to gain ideational coherence, both the Iraqi Ba’ath Party and the Sunni community were understood through a ‘diabolical enemy image’ schema. As a consequence, an ‘exclusive elite pact’ was constructed, a post-war political system specifically built to exclude former members of the Ba’ath Party and marginalize the participation of the Sunni community. This policy of exclusion drove the country into civil war. One side, Iraq’s new ruling elite, fought to impose a victor’s peace, the violent suppression of former members of the old regime. On the other, those excluded launched an insurgency to overturn the post-war political order.

The US and Iraq: Time to Go Home

Given the record of the US occupation and the profound limitations of America’s present stature, the Barack Obama administration is right to continue to draw down the American presence in Iraq. But in remembering the egregious mistakes of its predecessor the administration should not claim victory as it exits. It should not, as Vice President Joe Biden did in the midst of the de-Ba’athification crisis, claim all is well in Baghdad. A more honest and realistic approach would recognise the impossible legacy left by the Bush administration. The damage the previous administration did so much to encourage would then be minimised with the help of US allies and multilateral organisations. In short, after seven years of American occupation, it is time to go home.

The ideological roots of failure: the application of kinetic neo-liberalism to Iraq

This article argues that American policy towards Iraq went through four major shifts between the invasion in 2003 and the announcement of the surge in 2007. The best way to understand the Bush administration’s evolving policy towards Iraq is by examining the ideological parameters within which it was made. The article assesses various approaches to understanding the relationship between ideology, policy making and foreign policy, concluding that ideology shapes the paradigm and analytical categories within which foreign policy is made. A major change in foreign policy originates either from the decision-maker consciously recognizing and attempting to rework the ideational parameters within which policy is made or in reaction to ‘discrepant information’ or ‘anomalies’ that destabilize the paradigm and its analytical categories. The article goes on to examine the extent to which both neo-liberalism and neo-conservatism shaped George W. Bush’s foreign policy. It identifies a series of major analytical categories that originate from within these two doctrines and shaped policy towards Iraq. The article argues that the four major shifts in Bush’s policy towards Iraq were forced upon the administration by the rising tide of politically motivated violence. Ultimately this violence forced Bush to abandon the major analytical categories that, up to 2007, had given his policy coherence. In order to extricate his administration from the quagmire that Iraq had become by 2006, Bush totally transformed his approach, dropping the previously dominant neo-liberal paradigm and adopting a counter-insurgency doctrine.

Reconstructing Iraq’s economy

To establish even a marginally functioning economy out of the wreckage of Iraq would have been a daunting task. Despite decades of a heavily controlled, state-run economy; the deterioration caused by a succession of wars; a decade of international sanctions; and the looting and sabotage that followed the 2003 war, the U.S. government set its sights high after toppling Saddam Hussein: to create a liberal, market-based Iraqi economy, a key piece of its broader goal to bring democracy to Iraq.

Statebuilding and Foreign Direct Investment: The Case of Post-2003 Iraq

Within the broader debate over the political economy of statebuilding, the role of foreign direct investment (FDI) in fragile and post-conflict settings is increasingly controversial but still understudied. This paper examines the tensions between the good governance agenda currently being implemented in Iraq and the investment dynamics occurring at the country’s national and provincial levels. Drawing on disaggregated data, the paper argues that the flow of FDI is reinforcing destabilizing dynamics in Iraq by increasing levels of inequality, deepening the decentralization process, and undermining internal and external balances of power.

Central and Local Patrimonialism: State-Building in Kin-Based Societies

How useful is the concept of patrimonialism to analyze state formation and political dynamics in postcolonial nation-states? Using Tunisia, Morocco, and Iraq during critical periods of state-building following the end of colonial rule, the author considers this question. The purpose of the article is to build on Max Weber by exploring how patrimonialism operates in kin-based social contexts where power on the basis of kinship ties is exerted not only by a central authority but also by leaders of local communities organized along lines of real or fictive kinship—as was the case in the three countries in the period under examination. Suggesting that Weber undertheorized the way in which central authority relates to local collectivities in his analysis of patrimonialism, the author identifies three patterns in the strategies used by central power toward local patrimonial networks: marginalization, integration, and shifts between marginalization and integration. The article argues that central patrimonialism can be accommodated with all three strategies directed toward local patrimonialism.

Lessons from USDA in Iraq and Afghanistan

I n July 2009, the Center for Complex Operations (CCO) facilitated a workshop sponsored by the U.S. Department of Agriculture (USDA) to capture the experiences of USDA agricultural advisors deployed to ministries and Provincial Reconstruction Teams (PRTs) in Iraq and Afghanistan. The discussions yielded numerous individual observations, insights, and potential lessons from the work of these advisors on PRTs in these countries. This article presents a broad overview of the challenges identified by the conference participants and highlights key recommendations generated as a result of suggestions and comments made at the workshop. The workshop was intended to capture insights and lessons from the !eld to develop recommendations for improvements in PRT operations, with a particular focus on agricultural development. The 30 participants came from a broad spectrum of USDA: the National Resources Conservation Service, Food Safety and Inspection Service, Farm and Foreign Agricultural Services, Animal and Plant Health Inspection Service, Agricultural Marketing Service, and the Grain Inspection, Packers, and Stockyards Administration. To focus the agenda, CCO and USDA designed a preworkshop survey administered to the 30 USDA returnees (22 from Iraq and 8 from Afghanistan). After receiving 24 responses, CCO and USDA used the results to develop an agenda built around facilitated group discussions in four areas: doctrine and guidance, civil-military cooperation and command and control relationships, projects and their impact on the host nation, and administrative issues.

Postwar Reconstruction, the Reverse Course and the New Way Forward: Bis Repetitas?

This paper compares two sets of US-led postwar reconstruction strategies: the Reverse Course in Japan after World War II and the New Way Forward in Iraq in 2007 and 2008. Relying on Antonio Gramsci’s concept of power, the article argues that in the wake of military victory in Japan and Iraq, the US attempted to found a new historical bloc in the occupied countries, a historical bloc centred on capitalism as a mode of production and US ideas and values as the ideological cement coalescing the Japanese and Iraqi population and elite around the US project. The paper contends that consistency of action between reconstruction policies, and between reconstruction policies and regional and global foreign policies, is the key to the efficiency of postwar reconstruction projects. Consistency of action refers to the maximisation of power resources and to their use in a coherent way; that is avoiding opposition and favouring complementarities between means of power used. Such consistency was achieved in Japan while its attainment in Iraq is less obvious

The invasion of Iraq: what are the morals of the story?

It is uncontroversial that the invasion and occupation of Iraq involved the following errors: the misinterpretation of intelligence; the underestimation of the number of troops requisite for law and order; the disbanding of the Iraqi army; and indiscriminate debaathification of the civil service. The first error was one of imagination rather than virtue; the others were caused by ‘callousness”, impatience, and consequent imprudence. These vices were partly responsible for massive civilian casualties, which many wrongly assume to teach the fundamentally erroneous character of the invasion. Nonetheless, we should beware such moral flaws in tomorrow’s policy-makers and renounce the managerial mentality that fosters them.

Another lesson is that, in so far as nation-rebuilding requires substantial and long-term commitments, it must command the support of the nation-builder’s domestic electorate; and to do that, it must be able to justify itself in terms of the national interest. From this we should not infer the further lesson that morality’s reach into foreign policy is limited, since, according to Thomist ethics, the pursuit of the national interest can itself be moral.

Finally, one lesson that we should not learn from Iraq is never again to violate the letter of international law and intervene militarily in a sovereign state without Security Council authorization. The law’s authority can be undermined as much by the UN’s failure to enforce it, as by states taking it into their own hands. It is seriously problematic that the current international legal system denies the right of individual states to use military force unilaterally except in self-defence, while reserving the enforcement of international law to a body, whose capacity to act is hamstrung by the right of veto. Given this situation, military intervention without Security Council authorization could be morally justified on certain conditions.

Civil War Intervention and the Problem of Iraq

Outside intervention in civil warfare is important for humanitarian, theoretical, and practical policy reasons—since 2006, much of the debate over the war in Iraq has turned on the danger of external intervention if the United States were to withdraw. Yet, the literature on intervention has been compartmented in ways that have made it theoretically incomplete and unsuitable as a guide to policy. We therefore integrate and expand upon the theoretical and empirical work on intervention and apply the results to the policy debate over the US presence in Iraq using a Monte Carlo simulation to build upon the dyadic results of probit analysis. We find that Iraq is, in fact, a significantly intervention-prone conflict in an empirical context; the prospect of a wider, regional war in the event that violence returns in the aftermath of US withdrawal cannot safely be ignored.

Do Working Men Rebel? Insurgency and Unemployment in Afghanistan, Iraq, and the Philippines

Most aid spending by governments seeking to rebuild social and political order is based on an opportunity-cost theory of distracting potential recruits. The logic is that gainfully employed young men are less likely to participate in political violence, implying a positive correlation between unemployment and violence in locations with active insurgencies. The authors test that prediction in Afghanistan, Iraq, and the Philippines, using survey data on unemployment and two newly available measures of insurgency: (1) attacks against government and allied forces and (2) violence that kill civilians. Contrary to the opportunity-cost theory, the data emphatically reject a positive correlation between unemployment and attacks against government and allied forces (p < .05 percent). There is no significant relationship between unemployment and the rate of insurgent attacks that kill civilians. The authors identify several potential explanations, introducing the notion of insurgent precision to adjudicate between the possibilities that predation on one hand, and security measures and information costs on the other, account for the negative correlation between unemployment and violence in these three conflicts.

Iraq’s Tribal“Sahwa”: Its Rise and Fall

From 2007 to 2008, Iraq’s tribal “Sahwa” (Arabic for “Awakening”) was a key component of the U.S. “surge” strategy and largely credited for its role in the dramatic reduction of violence across the country. In the last two years, though, members of the movement have increasingly become the target of a retaliation campaign led by al-Qaeda’s “Islamic State of Iraq” and other insurgent groups still active on the battlefield, with almost daily assassinations and attacks in which hundreds have died. In the present context of resurgent violence, persistent political tensions triggered by the 2010 stalemate and the U.S. military’s scheduled withdrawal of its remaining troops by the end of 2011, the Sahwa’s future looms as one of the most crucial tests of Iraq’s stabilization and successful “democratic” transition. Concerns over the fate of the movement also come amid the growing alienation of its members from a government that has overall failed to incorporate them into its new security apparatus. While U.S. officials might continue to downplay this scenario, reliable sources indicate that a number of Sahwa fighters have already flipped back into armed struggle, including within the ranks of their erstwhile nemesis, al-Qaeda.

Building on my own extensive research, this article seeks to analyze a worrying trend and shed new light on the complex nature of the Sahwa since its appearance on the Iraqi scene. It first attempts to highlight the multiple reasons for the movement’s gradual downfall, especially following the U.S. military drawdown in the summer of 2009, with specific focus on the motives likely to have incited some of its members to revert to al-Qaeda and other insurgent groups. The second part emphasizes aspects of continuity linking the Sahwa’s recent evolution to the more historical transformations of Iraqi tribalism. It attempts to show, more particularly, how Iraq’s tribal structures have undergone a continuing dynamic of “subversion” that actually preceded the establishment of Iraq’s modern state. The last part underlines why U.S. policy makers should draw serious lessons from the movement’s experiment, in particular why “tribal engagement” strategies in conflict configurations, even when bringing short-term security gains, should not be used at the expense of genuine state- and nation-building efforts.

The Arab Spring: Its Geostrategic Significance

The democratic uprisings and consequent turmoil in the Arab world during the last 18 months have had significant impact on the geostrategic situation in the Middle East as well as on the policies of major regional and global powers. As the upheavals continue to unfold, especially in strategically important countries such as Syria and Bahrain, they will continue to have a major impact on intraregional politics as well as great-power interests.

Avoiding Ethnic Conflict in Iraq: Some Lessons from the Åland Islands

The current struggle to define the basic contours of Iraq’s political system pits those who support a loose federal arrangement against advocates of a return to centralized rule. Increasingly, this struggle is being defined in ethnic terms, with (mainly) Kurds defending the constitutional status quo against concerted efforts on the part of (Arab) Iraqi nationalists to reconfigure the balance of power between the center and the regions. The March 2010 election seems certain to strengthen the latter at the expense of the former. This paper outlines an alternative approach to Iraq’s federalism dilemma. Using the exemplar case of the Åland Islands, it is argued that a strongly centralized Arab Iraq is not inherently incompatible with an autonomous Kurdistan Region, and that by anchoring the Kurds’ autonomous status in international law, a destructive descent towards violent ethnic conflict can be avoided.

Iraq: Back to the Future

The world breathed a sigh of relief at the announcement of a new Iraqi government on 21 December 2010. After nine months of wrangling following the 7 March elections, Prime Minister Nuri al-Maliki finally engineered a deal that kept him in place at the head of a 42-person cabinet. Maliki was unable to name a full coterie of ministers; ten of the portfolios, including the main security ministries, are being managed on a temporary basis by other ministers until permanent nominations are made. Nevertheless, approval of the cabinet brought to an end a crisis that left the political system in limbo and saw a deterioration of the security situation.

But now the deed is done, a much bigger question looms: will the government be able to manage Iraq, stabilise the country further and heal the internal divisions that threaten its long-term security?

Oil and the question of federalism in Iraq

The ‘oil question’ in Iraq has traditionally been viewed almost exclusively through the prism of ethno-sectarianism. Disputes over the management and licensing of the hydrocarbon sector and over revenue distribution have been seen as a battle for power between Iraq’s ethnic and sectarian communities, as if these were monolithic entities. This has led to a conviction—especially among US policy-makers in post-war Iraq—that solving the problem lies in a simple formula of apportioning control of the sector to decentralized authorities and dividing revenue proportionally. This view ignores the fact that disagreements over management of the sector and over revenue distribution reflect a deeper dispute that cuts across ethno-sectarian lines. In reality, disputes are driven far more by the as-yet-unresolved issue of whether ultimate sovereign authority in Iraq lies with the central government or should be decentralized to regional and provincial governments. As the main source of revenue in Iraq, control over the oil and gas sector is critical to the success of these rival agendas. Consequently, compromise has been impossible to achieve, and neither side is willing to make concessions for fear of threatening their long-term ambitions.

Tactical maneuvering by different parties in the aftermath of the recent elections may provide some temporary respite to the oil and gas dispute, as Arab leaders in Baghdad seek to co-opt the support of Kurdish parties to form a new coalition government. But an accommodation over the federalism question in Iraq still seems out of reach. This will not only hamper the legislative process and effective government in the coming years, but could also threaten stability, particularly along the fragile border that separates the Kurdistan Region from the rest of Iraq.

The Dilemmas of Statebuilding: Confronting the Contradictions of Postwar Peace Operations

This book explores the contradictions that emerge in international statebuilding efforts in war-torn societies.  Since the end of the Cold War, more than 20 major peace operations have been deployed to countries emerging from internal conflicts.  This book argues that international efforts to construct effective, legitimate governmental structures in these countries are necessary but fraught with contradictions and vexing dilemmas.  Drawing on the latest scholarly research on postwar peace operations, the volume: adresses cutting-edge issues of statebuilding including coordination, local ownership, security, elections, constitution making, and delivery of development aid; features contributions by leading and up-and-coming scholars; provides empirical case studies including Afghanistan, Cambodia, Croatia, Kosovo, Liberia, Sierra Leone, South Africa, and others; presents policy-relevant findings of use to students and policy makers alike.

Between War and Peace: Exploring the Constitutionality of Subjecting Private Civilian Contractors to the Uniform Code of Military Justice during ‘Contingency Operations

In the context of the Global War on Terrorism and modern counterinsurgency operations, the Department of Defense and other agencies within the U.S. government utilize an unprecedented number of private contractors to support missions in Iraq and Afghanistan.These contractors are vital to counterinsurgency efforts because they augment force limitations by performing services ranging from logistics support to security functions. However, unlike members of the Armed Forces who are “accountable under [the Uniform Code of Military Justice] wherever they are located,”  private security contractors fall into “legal ‘gray areas”’ between host-nation laws, domestic criminal laws, and international laws such as the Geneva Convention.  As civilians, they would normally be subject to host-nation laws. In Iraq and Afghanistan, however, contractors are expressly protected by agreements providing immunity from prosecution in the local jurisdiction.  In addition, although Congress passed the Military Extraterritorial Jurisdiction Act (“MEJA”) to hold civilians accountable under domestic criminal laws, MEJA has not been widely utilized due to significant resource limitations. Finally, contractors do not “fit the formal definition of mercenaries” and are thus “undefined by international law.” While perhaps well intended, section 552 raises many questions. One of the most important questions concerns the constitutionality of section 552. On one hand, numerous federal court decisions have upheld military convictions of civilians accompanying the force during times of declared war. On the other hand, the Supreme Court has declared that subjecting civilians to the UCMJ in peacetime is unconstitutional.  As such, the question of whether the UCMJ can be constitutionally applied to civilian contractors during contingency operations, which fall between war and peace, remains unanswered. This Recent Development will argue that, although there are significant due process barriers to constitutionality, these concerns do not completely rule out the possibility of applying the UCMJ to civilian contractors accompanying the force in contingency operations.

The Gendered Dimensions of Conflict’s Aftermath: A Victim-Centered Approach to Compensation

In this essay, we first identify the ways in which women’s interests are disregarded and sacrificed as peace agreements are reached, criminal courts and tribunals are established, and relief efforts are planned. Incorporating reports from nongovernmental organizations (NGOs), the UN, and news accounts, we assess the ethical problems with what might be called a ‘‘perpetrator-centered’’ approach to coping with conflict’s aftermath that exacerbates and prolongs women’s suffering. Not only do conventional trial procedures dismiss the victims’ trauma and needs as secondary to the process of adjudicating the question of the perpetrator’s guilt, but many also privilege the right of the accused to confront and question the victims over the additional suffering the victims must endure in giving testimony. After delineating the gendered effects of conflict, we then study the operation of compensation boards following recent conflicts. Even in those instances in which rape has been specifically identified and prosecuted as a war crime, existing structures fail to provide significant relief to female victims, as they neglect the underlying social, cultural, and economic practices that reinforce patriarchal systems, and thus hold women accountable for their own victimization; the traditional legalistic models that are typically employed in peace settlements and tribunals simply fail to meet the needs of the victims. Finally, in response to the limitations of peace agreements and tribunals in addressing human suffering, we identify an alternative model for conducting such negotiations and for securing restitution to the victims of wartime abuses and their effects—a ‘‘victim-centered’’ approach to war crimes adjudication and compensation procedures.

Redefining the Laws of Occupation in the Wake of Operation Iraqi Freedom

This comment presents a three-part analysis that ultimately critiques and redefines occupation law to prevent a repetition of the failures that transpired in the wake of Operation Iraqi Freedom. Section One lays out the fundamental provisions of the conservative laws of occupation as embodied in the Hague Regulations and Geneva Conventions as well as the U.S. Army Field Manual. It also discusses the growing trend towards humanitarian intervention and the need for transformative occupation to ensure a successfully stable post- war state. Section Two uses the tenets of occupation law as outlined in Section One to describe the dire consequences of the Coalition’s breach of this body of law, through its actions that revamped the administrative, political, economic, and legal structures of the state. Section Three uses the analysis of Section Two to demonstrate that the conservative laws of occupation are inadequate and need to be redefined. This Section lays out the “exceptional” circumstances for a non-U.N. mandated intervention. It then proposes a revision to occupation law that seeks to incorporate human rights law, as well as additional considerations derived from post- war Iraq, to formulate a modified and modernized legal regime “under a new umbrella labeled jus post bellum.”

The Iraq Crisis and World Order: Structural, Institutional and Normative Challenges

The Iraq war was a multiple assault on the foundations and rules of the existing UN-centred world order. It called into question the adequacy of the existing institutions for articulating global norms and enforcing compliance with the demands of the international community. It was simultaneously a test of the UN’s willingness and ability to deal with brutal dictatorships and a searching scrutiny of the nature and exercise of American power. The United States has global power, soft as well as hard; the United Nations is the fount of international authority. Progress towards a world of a rules-based, civilized international order requires that US force be put to the service of lawful international authority. This book examines these major normative and structural challenges from a number of different perspectives.

Iraq: Reconstruction Assistance

Following years of authoritarian rule and economic sanctions, the United States and the international community agreed in the spring of 2003 that efforts should be made to rehabilitate economic infrastructure and introduce representative government to post-war Iraq, among other objectives. To meet these ends, a large-scale assistance program has been undertaken by the United States in Iraq. This program, funded through a mix of appropriations accounts, is undergoing increased scrutiny in the 110th Congress. This report describes recent developments in this assistance effort and key issues of potential interest to Congress.

Reconciliation Strategies in Iraq

A window of opportunity now exists for post-conflict reconstruction in Iraq despite the resurgence of violence in the spring of 2008. The creation of Sunni Awakening Councils, the ongoing presence of sufficient U.S. troops, and the decrease in combat activity by the Mahdi Army provide a real, though tenuous, opportunity to continue building on the gains of the past year…In all societies emerging from conflict, reconciliation efforts are the glue that holds the post-conflict reconstruction process together. Reconciliation must be pursued not only on national but also on local levels and not only in the political but also in the social domain. At all points within a society, people and groups must be encouraged to work together constructively for the common good. Reconciliation in Iraq must be approached with sensitivity to its shame-oriented culture, which emphasizes community, authority, honor, and hospitality. Reconciliation must also be approached with an awareness of the importance of primary identity markers-religion, ethnicity, tribe, and family-and the possibilities for creating bonds based on secondary markers-class, profession, internally displaced persons (IDP) status, and so forth.

Building “National Armies” – Building Nations?: Determinants of Success for Postintervention Integration Efforts

This article surveys recent cases of internationalized statebuilding in postintervention, post–(ethnic) conflict societies in the light of an academic tradition that has seen military forces as a particularly effective vehicle for integrating a country’s diverse population. It is argued that armed forces that are ethnically representative in their ranks and leadership can encourage a sense of commonality across ethnic boundaries, which can help secure a fragile peace. However, the connection between representativeness and integration is intricate; and whereas outside powers may enable otherwise unlikely outcomes, their leverage is circumscribed by a number of factors. The article also suggests that an ethnically representative army may “tie up” capabilities in ways that reduce the likelihood of military intervention in politics or (ethnic) violence perpetrated by military personnel.

Planning Post-Conflict Reconstruction in Iraq: What Can We Learn?

This article uses a case-study of Iraq under the Coalition Provisional Authority (CPA) to address the planning and management processes and institutions required to make effective use of international resources. The importance of this perspective is underlined by an influential recent report to the United Nations which noted: ‘While there is a tendency to blame the limited success rate [of peacebuilding missions] on lack of resources, it is equally possible that the main problem is more related to a lack of coherent application of the resources already available.

Police in Peace and Stability Operations: Evolving US Policy and Practice

The United States has consistently failed to deal with the breakdown in public order that invariably confronts peace and stability operations in internal conflicts. Analysis of experience in Panama, Somalia, Haiti, the Balkans and Iraq demonstrates that indigenous police forces are typically incapable of providing law and order in the immediate aftermath of conflict, and so international forces must fill the gap – a task the US military has been unwilling and unprepared to assume. After 20 years of lessons learned (and not learned), this article argues that the United States must develop a civilian ‘stability force’ of constabulary and police personnel deployable at the outset of on operation to restore public order and lay the foundations for the rule of law.

Managing Insecurity: Field Experiences of Security Sector Reform

Effective peacebuilding in the aftermath of civil war usually requires the drastic reform of security institutions, a process frequently known as security sector reform. Nearly every major donor, as well as a growing number of international organizations, supports the reform of security organizations in countries emerging from conflict and suffering high levels of violence. But how are reform strategies implemented? This collection of case studies (Papua New Guinea, Solomon Islands, Sierra Leone, Iraq, Timor-Leste, Mozambique, Serbia, Colombia, Uruguay, Peru, Jamaica) examines the strategies, methods, and practices of the policymakers and practitioners engaged in security sector reform, uncovering the profound conceptual and practical challenges encountered in transforming policy aspiration into practice.

National Conferences in Transitional Periods: The Case of Iraq

This article places the Iraqi National Conference of August 2004 in a comparative context by examining the role of national conferences in transitional and post-conflict countries. It argues that national conferences do not contribute significantly to a transitional process, if a prior political agreement on the process and on the role of the Conference among key stakeholders is absent. In Iraq, the disagreement over the transitional framework created by the Coalition Provisional Authority and the US-appointed Iraqi Governing Council impeded a truly inclusive Conference from taking place. A core of established political parties, distrusted by the opposition, controlled the Conference preparations. A transparent preparatory process did not take place; the Conference did not serve as a forum for genuine dialogue. Finally, the National Council elected by the Conference did not expand political participation to credible opposition figures.

The Spoils of Peace in Iraqi Kurdistan

This paper examines transition patterns in post-Gulf war Iraqi Kurdistan as a function of external aid, and the impact of these developments on relations between the Kurdistan region and Baghdad. It argues that, despite ethnic traditions and structural legacies, the asymmetrical and changing nature of aid has created new incentives for conflict and co-operation. Since 1991 aid has strengthened the Kurdistan region’s power in relation to the state and increased leverage on the central government to accommodate Kurdish demands for autonomy. Yet it has also created an increasingly complex political,?economic order and new interdependencies between the regions. The shift from relief aid to reconstruction within a neoliberal framework has helped open the Iraqi and Kurdish political economies by encouraging trade between the Kurdistan region, regional states and foreign governments. The creation of a federal Iraqi state has also led to financial and political linkages between the Kurdistan region and Baghdad and to new requirements for negotiation.

Rehabilitation under Fire: Health Care in Iraq (2003-2007)

This report describes how the Iraq war and its aftermath continue to have a disastrous impact on the physical and mental health of the Iraqi people, and the urgent measures needed to improve health and health services. It focuses on the many failures of the occupying forces and their governments to protect health, or to facilitate the rebuilding of a health system based on primary health care principles. It assesses the current state of the health system, including the impact of insecurity, and the workforce, supplies, medicines and equipment it lacks. It also looks at health information and health policy. There is a special focus on mental health care, a particularly neglected area. The report ends with conclusions and recommendations, exploring what needs to happen now in Iraq and what lessons can be learned.

The Liberal Peace and Post-War Reconstruction: Myth or Reality?

The post-Cold War has witnessed enormous levels of western peacekeeping, peacemaking and reconstruction intervention in societies emerging from war. These western-led interventions are often called ‘liberal peacebuilding’ or ‘liberal interventionism’, or statebuilding, and have attracted considerable controversy. In this study, leading proponents and critics of the liberal peace and contemporary post-war reconstruction assess the role of the United States, European Union and other actors in the promotion of the liberal peace, and of peace more generally. Key issues, including transitional justice and the acceptance/rejection of the liberal peace in African states are also considered. The failings of the liberal peace (most notably in Iraq and Afghanistan, but also in other locations) have prompted a growing body of critical literature on the motivations, mechanics and consequences of the liberal peace. This volume brings together key protagonists from both sides of the debate to produce a cutting edge, state of the art discussion of one the main trends in contemporary international relations.

Iraq: Exception to, or Epitome of Contemporary Post-conflict Reconstruction?

In the literature on post-conflict reconstruction, the intervention in Iraq has been understood as an exception to, if not an aberration from, contemporary state-building. This article argues that whether Iraq is an exception to, or the epitome of post-conflict reconstruction depends on the genealogy one attributes to the latter. Denying that Iraq is an exemplary instance of contemporary reconstruction means neglecting the continuities of state-building from interwar trusteeship via Germany and Vietnam to the contemporary reproduction of the neoliberal model continuities which the example of Iraq exposes more clearly than prior cases. An outline of the genealogy of state-building and an analysis of Iraqi reconstruction both point to the reproduction of a hegemonic international order as the rationale of statebuilding now and then.

The Mad Scramble of Congress, Lawyers, and Law Students After Abu Ghraib: The Rush to Bring Private Military Contractors to Justice

After the Abu Ghraib abuse became public, Congress and the world decried the actions of the military police, resulting in the prosecution of several military personnel. The military police, however, had accomplices in the abuse. Private military contractors accounted for one-third of the abuses at Abu Ghraib. Yet, none of those private military contractors ever faced criminal prosecution for their role in the abuse. The lack of prosecution gave way to a mad scramble. Congress, lawyers, and law students introduced solutions on how to bring private military contractors to justice. Nonetheless, private military contractors continue to commit crimes without any criminal prosecution. This lack of prosecution came to light again after a September 16, 2007 incident in which contractors for Blackwater allegedly fired at innocent Iraqi civilians. The incident angered the Iraqi government and the House of Representatives went on yet another mad scramble to ensure that, in the future, private military contractors will face criminal prosecution. Part II of this article describes the impetus behind the initial mad scramble after Abu Ghraib. Part III analyzes the congressional solution that resulted from the initial mad scramble, the Military Extraterritorial Jurisdiction Act (“MEJA”). Part III also discusses reasons why MEJA will fail to withstand judicial scrutiny and argues that further congressional response will suffer the same fate. Part IV describes the other congressional solution, court-martial, and why it also fails as a viable solution. Part V analyzes the other proposed solutions to bring private military contractors to justice and describes why they will not work. Part VI discusses a proposed solution that addresses the shortcomings of current congressional approaches.

Iraq: Post-Saddam Governance and Security

The Administration is claiming success in significantly reducing violence in Iraq to the point where additional U.S. troop reductions can be considered, attributing the gains to a “troop surge” announced by President Bush on January 10, 2007 (“New Way Forward”). With the 28,500 “surge” forces withdrawn as of July 2008, Defense Department reports assess that overall violence is down as much as 80% since early 2007, to levels not seen since 2004, but that progress can be “fragile and tenuous” if not accompanied by fundamental political reconciliation and economic development. The Administration believes that additional “conditions-based” reductions in U.S. forces, continued building of Iraq’s security forces, and likely further political progress in Iraq – is likely to produce a unified, democratic Iraq that can govern and defend itself and is an ally in the war on terror. The Administration argues that Prime Minister Nuri al-Maliki is increasingly recognized as capable, and that Iraqi legislative action in Iraq since the beginning of 2008 represents a substantial measure of the progress on political reconciliation that was envisioned would be facilitated by the surge.

Iraq’s Political Transition After the Surge: Five Enduring Tensions and Ten Key Challenges

The common refrain that the surge has produced military success that has not been matched by political progress fundamentally misrepresents the nature of Iraq’s political evolution. The increased security achieved over the last two years has been purchased through a number of choices that have worked against achieving meaningful political reconciliation. The reductions in violence in 2007 and 2008 have, in fact, made true political accommodation in Iraq more elusive, contrary to the central theory of the surge. Rather than advancing Iraq’s political transition and facilitating power-sharing deals among Iraq’s factions, the surge has produced an oil revenue-fueled, Shia-dominated national government with close ties to Iran. This national government shows few signs of seeking to compromise and share meaningful power with other frustrated political factions. The surge has set up a political house of cards. But this does not mean that the U.S. military must stay longer to avoid its collapse. Quite the contrary: Without a U.S. military drawdown, Iraq will not be able to achieve the true internal consolidation of power necessary to advance U.S. security interests in the Middle East. Iraq will need to overcome numerous hurdles in its political transition before the end of 2009, including two elections and a long list of unresolved power-sharing questions. Not all of the 10 key challenges outlined in this report are of equal magnitude-failure to resolve some would likely lead to major, systemic crisis, while failure on others would simply be suboptimal. Yet all are interconnected, and none have been resolved by the security improvements of the last 18 months or will be meaningfully addressed simply by postponing U.S. troop withdrawals.

Between the Hammer and the Anvil: Post-conflict Reconstruction, Islam and Women’s Rights

This paper argues that gender issues are becoming politicised in novel and counterproductive ways in contexts where armed interventions usher in new blueprints for governance and democratisation. Using illustrations from constitutional and electoral processes in Afghanistan and Iraq, it analyses how the nature of emerging political settlements in environments of high risk and insecurity may jeopardise stated international commitments to a women’s rights agenda. The disjuncture between stated aims and observed outcomes becomes particularly acute in contexts where security and the rule of law are severely compromised, where Islam becomes a stake in power struggles among contending factions and where ethnic/sectarian constituencies are locked in struggles of representation in defence of their collective rights.

Establishing Law and Order After Conflict

This study contains the results of research on reconstructing internal security institutions during nation-building missions. It analyzes the activities of the United States and other countries in building viable police, internal security forces, and justice structures. This study examines in detail the reconstruction efforts in Iraq, Afghanistan, and Kosovo, three of the most important instances in the post-Cold War era in which the United States and its allies have attempted to reconstruct security institutions. It then compares these cases with six others in the post-Cold War era: Panama, El Salvador, Somalia, Haiti, Bosnia, and East Timor. Finally, the study draws conclusions from the case studies and analysis, and derives recommendations to help the United States and other international actors improve their performance in the delivery of post-conflict security. The results should be of interest to a broad audience of policymakers and academics concerned with the successes and shortcomings of past security efforts. Although the study is not intended to be a detailed analysis of U.S. or allied military doctrine regarding stability operations, we believe it provides a useful set of guidelines and recommendations for a wide range of military, civilian, and other practitioners.

Securing Health: Lessons from Nation-Building Missions

We define nation-building as efforts carried out after major combat to underpin a transition to peace and democracy. Nationbuilding involves the deployment of military forces, as well as comprehensive efforts to rebuild the health, security, economic, political, and other sectors. The research we conducted focused on one aspect of nation-building-efforts to rebuild the public health and health care delivery systems after major combat. We looked at seven cases- Germany, Japan, Somalia, Haiti, Kosovo, Afghanistan, and Iraq. These are some of the most important cases since World War II in which international institutions, non-governmental organizations (NGOs), and countries such as the United States have taken part in efforts to rebuild the health sector. These missions also have important health components. To date, a significant amount of academic and policy-relevant work has been devoted to efforts to rebuild such areas as police and military forces. Little comprehensive work has examined efforts to rebuild public health and health care delivery systems, however. The work that has been done on health tends to focus on immediate humanitarian and relief efforts rather than long-term health reconstruction. The goal of our research was to fill this void.

The Unavoidable Ghettoization of Security in Iraq

Post-conflict cities represent a laboratory in which to explore the substate orientation of security. Based on an analysis of developments in Baghdad, Basra and Falluja since 2003, this article argues not only that security is inherently selective, but also that the exclusionary actions of local or sectarian groups are more influential than those of statebased agents or projects based on security for the individual. The notion of security can accommodate multiple interpretations, but in practice a dominant discourse controls its meaning, and negotiation soon develops into patterns of domination and exclusion. This typically leads to a ‘ghettoization’ of security, whereby specific groups are secure only in specific areas. Security thus reflects the sum of myriad local arrangements. The key issue, therefore, is not whether there can be security for all, but the nature of the concessions made by substate and state-based types of security, and the contrast between them and models based on security for the individual.

Nation-Building: Beyond Afghanistan and Iraq

Fukuyama brings together esteemed academics, political analysts, and practitioners to reflect on the U.S. experience with nation-building, from its historical underpinnings to its modern-day consequences. The United States has sought on repeated occasions to reconstruct states damaged by conflict, from Reconstruction in the South after the Civil War to Japan and Germany after World War II, to the ongoing rebuilding of Iraq. Despite this rich experience, there has been remarkably little systematic effort to learn lessons on how outside powers can assist in the building of strong and self-sufficient states in post-conflict situations. The contributors dissect mistakes, false starts, and lessons learned from the cases of Afghanistan and Iraq within the broader context of reconstruction efforts in other parts of the world, including Latin America, Japan, and the Balkans. Examining the contrasting models in Afghanistan and Iraq, they highlight the Coalition Provisional Authority in Iraq as a cautionary example of inadequate planning.

Holstering the Hired Guns: New Accountability Measures for Private Security Contractors

On September 16, 2007, a team of security contractors from Blackwater Worldwide shot dead seventeen Iraqi civilians while escorting American diplomats through central Baghdad. The fallout was swift and farreaching. Iraq demanded that Blackwater cease operating in the country. Its parliament introduced legislation to revoke the blanket immunity granted to contractors in the early days of the war by the American administrators who governed Iraq. Within a week, family members of the victims had filed a lawsuit in U.S. court, the FBI had launched an investigation and warned of criminal charges, and the House Government Reform Committee had issued a withering report on security contractors’ transgressions. Soon after the United States invaded Iraq in 2003, military commanders, academics, and Iraqi officials have warned of insufficient oversight and accountability for the private contractors operating there. Deployed in unprecedented numbers, contractors have been implicated in a range of alleged crimes and human rights violations. So far, however, not a single contractor has been successfully prosecuted for violence perpetrated in Iraq. Furthermore, no contractor or company has been held liable for torts committed there. Attempts at self-regulation by the industry have also proven ineffective. Recent months have seen wide-ranging attempts to bring accountability to the industry. This recent development will explain these efforts, which include legislative initiatives, criminal charges against individual contractors, and attempts by private litigants to secure judgments for money damages. Because of the enormous body of literature on the topic of private military contractors, the analysis will focus narrowly on the issue raised by the September shootings–the various punishments and remedies available under both civilian and military law for harms done by American contractors to Iraqi civilians.

The Looming Crisis: Displacement and Security in Iraq

This report analyzes the political dimensions of Iraqi displacement, beginning with a short description of the present situation and its historical background. It then analyzes the implications of the large-scale internal displacement on the security of both Iraq and its two neighbors who host the largest number of Iraqi refugees. A discussion of U.S. policy, European concerns, and the response of the United Nations is followed by analysis of returns of the displaced, with particular attention to the burning issue of property compensation. The study concludes with recommendations to the U.S. government and to the broader international community.

Iraq: The Contradictions of Exogenous State-building in Historical Perspective

This article compares Britain’s failed attempt at building a stable, liberal state in Iraq from 1914 to 1932 with the USA’s struggle to stabilise the country after regime change in April 2003. It sets out a template for endogenous state-building based on the evolution of the European state system. It then compares this to exogenous extra-European state-building after both World War I and the Cold War. It focuses on three key stages: the imposition of order, the move from coercive to administrative capacity and finally the evolution of a collective civic identity linked to the state. It is this process against which Iraqi state-building by the British in the 1920s and by the USA from 2003 onwards can be accurately judged to have failed. For both the British and American occupations, troop numbers were one of the central problems undermining the stability of Iraq. British colonial officials never had the resources to transform the despotic power deployed by the state into sustainable infrastructural capacity. Instead they relied on hakumat al tayarra (government by aircraft). The dependence upon air power led to the neglect of other state institutions, stunting the growth of infrastructural power and hence state legitimacy. The US occupation has never managed to impose despotic power, having failed to obtain a monopoly over the collective deployment of violence. Instead it has relied on ‘indigenisation,’ the hurried creation of a new Iraqi army. The result has been the security vacuum that dominates the south and centre of the country. The article concludes by suggesting that unsuccessful military occupations usually end after a change of government in the intervening country. This was the case for the British in May 1929 and may well be the case for the USA after the next presidential election in 2008.

America’s Role in Nation-Building: From Germany to Iraq

The post-World War II occupations of Germany and Japan set standards for postconflict nation-building that have not since been matched. Only in recent years has the United States has felt the need to participate in similar transformations, but it is now facing one of the most challenging prospects since the 1940s: Iraq. The authors review seven case studies – Germany, Japan, Somalia, Haiti, Bosnia, Kosovo, and Afghanistan – and seek lessons about what worked well and what did not. Then, they examine the Iraq situation in light of these lessons. Success in Iraq will require an extensive commitment of financial, military, and political resources for a long time. The United States cannot afford to contemplate early exit strategies and cannot afford to leave the job half completed.

The UN’s Role in Nation-Building: From the Congo to Iraq

This study contains the results of research on best practices in nationbuilding. It is intended to complement a companion volume, America’s Role in Nation-Building: From Germany to Iraq, which focuses on U.S.-led nationbuilding efforts. Its purpose is to analyze United Nations military, political, humanitarian, and economic activities in post-conflict situations since World War II, determine key principles for success, and draw implications for future nation-building missions. The study contains the lessons learned from eight UN cases: Belgian Congo, Namibia, El Salvador, Cambodia, Mozambique, Eastern Slavonia, Sierra Leone, and East Timor. It also examines the nationbuilding effort in Iraq.

Reconstructing Iraq: Insights, Challenges, and Missions for Military Forces in a Post-Conflict Scenario

In October 2002, the U.S. Army War College’s Strategic Studies Institute, in coordination with the Office of the Army Deputy Chief of Staff/G-3, initiated a study to analyze how American and coalition forces can best address the requirements that will necessarily follow operational victory in a war with Iraq. The objectives of the project were to determine and analyze probable missions for military forces in a post-Saddam Iraq; examine associated challenges; and formulate strategic recommendations for transferring responsibilities to coalition partners or civilian organizations, mitigating local animosity, and facilitating overall mission accomplishment in the war against terrorism. The study has much to offer planners and executors of operations to occupy and reconstruct Iraq, but also has many insights that will apply to achieving strategic objectives in any conflict after hostilities are concluded. The current war against terrorism has highlighted the danger posed by failed and struggling states. If this nation and its coalition partners decide to undertake the mission to remove Saddam Hussein, they will also have to be prepared to dedicate considerable time, manpower, and money to the effort to reconstruct Iraq after the fighting is over. Otherwise, the success of military operations will be ephemeral, and the problems they were designed to eliminate could return or be replaced by new and more virulent difficulties.

Transferring Provinces to Iraqi Control: The Reality and the Risks

The victories that Iraqi and Coalition forces have won to date may have largely dealt with the “win” aspects of a “win, hold, and build” strategy, but this is only part of the story. The future of Iraq’s security forces, and Iraq’s future security and stability, will depend on how well the force development effort is supported by political accommodation and effective governance at the national, province, and local level. Progress here is necessary not only to consolidate the gains made against AQI and the JAM, but it is critical to both avoiding new forms of sectarian and ethnic conflict, and to giving the ISF the mix of civilian partners that allows Iraq to “build and hold”as well as to win. Conditions-based US withdrawals need to be tied to these developments as well as to the progress in developing the Iraqi security forces.

American Foreign Policy and Postwar Reconstruction: Comparing Japan and Iraq

On the eve of the invasion of Iraq, President G.W. Bush argued that if setting up democracy in Japan and Germany after WW II was successful, then it should also be successful in Iraq. This book provides a detailed comparison of the reconstruction of Japan from 1945 to 1952 with the current reconstruction of Iraq, evaluating the key factors affecting the success or failure of such projects. The book seeks to understand why American officials believed that extensive social reengineering aiming at seeding democracy and economic development is replicable, through identifying factors explaining the outcome of U.S.-led post-conflict reconstruction projects. The analysis reveals that in addition to the effective use of material resources of power, the outcome of reconstruction projects depends on a variety of other intertwined factors, and Bridoux provides a new analytical framework relying on a Gramscian concept of power to develop a greater understanding of these factors, and the ultimate success or failure of these reconstruction projects.

Winning the Peace Conference Report: Women’s Role in Post-Conflict Iraq

The crucial role women can—and should—play in Iraqi reconstruction was the focus of a forum on April 21 and 22, 2003 in Washington D.C. “Winning the Peace: Women’s Role in Post-Conflict Iraq” was hosted by the Conflict Prevention and Middle East Projects of the Woodrow Wilson International Center for Scholars and Women Waging Peace, a global initiative of Hunt Alternatives Fund. Twentyfive Iraqi women participated in the meeting—some of them expatriates living in the United States, Europe, and the Middle East, others living in Iraq. Among the participants were: the first woman to be appointed judge in Iraq, the Minister of Reconstruction and Development of the Kurdistan Regional Government in Northern Iraq, and the President of Iraq’s Assyrian Women’s Union. More than 60 experts from non-governmental organizations and key international and U.S. agencies participated in discussions. Hailing the end of Saddam Hussein’s regime and looking to the future, the Iraqi women, who came from different political, ethnic, and religious groups, cited the notable lack of consideration regarding the participation, concerns, rights, and particular needs of the majority of the country’s population—its women. Discussion focused on the inclusion of women in four vital sectors of Iraqi administration: democracy and governance, economic activity, constitutional law and legislation, and civil society. Over the two-day conference, participants reached conclusions regarding the most important ways to integrate women into reconstruction. On the first day of the conference, the Iraqi women met with sector experts and policymakers in working groups to identify the most pressing needs and the most important potential contributions of women in Iraq.

Iraq: Preventing a New Generation of Conflict

This book seeks to move the debate on Iraq toward a consideration of how Iraqis, with the help of the international community, can build an inclusive and enduring social contract amongst themselves. The volume analyses the drivers of conflict and outlines the requirements – and obstacles in the way – of a successful peace-building enterprise in a country that has endured domestic upheavals, but also generated threats to international peace and security, for more than a generation. The authors argue that a downward spiral of violence and possible state collapse can be avoided – but that much needs to be done to achieve these aims.

Minding the Liability Gap: American Contractors, Iraq, and the Outsourcing of Impunity

With the proliferation of the U.S. military’s reliance on contractors as a means of supplementing – and not just supplying – the troops on the ground, serious questions have arisen with respect to the legal regime governing the contractors’ conduct. The legal regime that governs those contractors is at best unclear, given the contractors generally fall outside the auspcies of the Uniform Code of Military Justice. My focus is on the accountability of the U.S. government for the actions of their private contractors. In Part II, I discuss the necessity and importantce of a civil right of action in these cases. Part III will examine the era of privatization and rise of the private contractor in the War on Terror. Part IV demonstrates the lack of accountability for U.S.-directed contractor abuse under current law. Finally, in Part V, I examine mechanism for minding the liability gap between the rights of the abused and the liability of those ultimately responsible.

A Wiser Peace: An Action Strategy For A Post-Conflict Iraq

This report recommends ten key actions that U.S. policymakers and the United Nations must take before the conflict starts in order to maximize potential for success in the post-conflict phase in Iraq. These recommendations draw on ongoing work by the Post-Conflict Reconstruction Project, a collaborative effort between the Center for Strategic and International Studies and the Association of the U.S. Army, and reflect lessons learned through first-hand experience with postconflict reconstruction efforts over the past decade.

Building a Republican Peace: Stabilizing States after War

Although peacebuilders do not operate from a common template, liberal values so define their activities that their efforts can be called “liberal peacebuilding.” Many postconflict operations aspire to create a state that contains the rule of law, markets, and democracy. Growing evidence suggests, however, that liberal peacebuilding is re-creating the conditions of conflict; states emerging from war do not have the necessary institutions or civic culture to absorb the pressures associated with political and market competition. In recognition of these problems and dangers, there is an emerging call for greater attention to the state and institutionalization before liberalization. These critiques, and lessons learned from recent operations, point to an alternative-republican peacebuilding. Drawing from republican political theory, this article argues that the republican principles of deliberation, constitutionalism, and representation can help states after war address the threats to stability that derive from arbitrary power and factional conflict and, in the process, develop some legitimacy. Republican peacebuilding is not only good for postconflict states; it also is appropriate for international peacebuilders, who also can exercise arbitrary power.

Civil-Military Cooperation in Post-Conflict Operations

Civil-Military Cooperation (CIMIC) is the relationship between militaries and humanitarians. Largely conducted in post-conflict environments, CIMIC has become a key characteristic of military operations in the twenty-first century. However, the field is mostly understood through stereotype rather than clear, comprehensive analysis. The range and scope of activities which fall under the wider rubric of CIMIC is huge, as are the number of differing approaches, across situations and national armed forces. This book demonstrates the wide variety of national approaches to CIMIC activities, introducing some theoretical and ethical considerations into a field that has largely been bereft of this type of debate. Containing several case studies of recent CIMIC (in the Balkans, Afghanistan, and Iraq) along with theoretical analyses, it will assist scholars, practitioners, and decision-makers become more aware of the ‘state of the art’ in this field.

Contractors on the ‘Battlefield:’ Providing Adequate Protection, Anti-Terrorism Training, and Personnel Recovery for Civilian Contractors Accompanying the Military in Combat and Contigency Operations

Providing adequate protection, antiterrorism (AT) training and, if necessary, personnel recovery for civilian contractors deployed to support U.S. military operations presents significant legal and policy challenges that both the military and civilian contractor companies have yet to fully appreciate, let alone properly institutionalize. In tandem with identifying the legal and policy considerations associated with these issues, this article will also address the matter of civil liability to the parent contracting company should it fail to provide adequate protection, or appropriate AT training, or both, to their civilian employees serving overseas in hostile environments. Due to federally imposed personnel limitations for the armed forces and the need for specialized skills in the modern high-tech military, hundreds of activities once performed by the military are now privatized and outsourced to thousands of civilian contractors. One of the consequences of the global War on Terror is that American and coalition contractors–particularly in Iraq and Afghanistan –are increasingly subjected to kidnappings, torture, and murder by terrorists, criminal elements, and other insurgency forces. Therefore, it is imperative that issues of force protection, AT training, and personnel recovery be fully delineated and the related legal contours be more clearly defined.