Wednesday, December 10, 2008

Rule of who?

No one seems to know what to make of the Blackwater case. Charges against the contractors, who turned themselves in, have been filed in Utah based on their role in the deaths of 17 Iraqi civilians in Baghdad back in September 2007. The 6 men are the first to be charged under the Military Extraterritorial Jurisdiction Act; 5 of the 6 have pled not guilty.

Thankfully under this law they can be tried for their crimes here in the US, because Lord knows they will never be extradited to Iraq. But would they be able to at least get a fair trial there? The answer to that question depends on whether Iraq functions under the rule of law. If the rule of law is defined by a functioning judiciary, then the country passes, but just barely. The US has sunk a LOT of money into rebuilding the courts (as it has in Afghanistan as well), but the problem is that the staff are underpaid, and sad to say, often corrupt.

Rebuilding a judicial system from the ground up is no small feat, but it is vital to any successful nation building operation. Just as important as the police force, the legal system must be able to handle not only the large number of cases, but do so in a fair manner. It may not be a realistic way of testing the system, but it would tell us more about the capabilities of the Iraqi judicial system more than any of the High Court's reviews of oil contracts or parliamentary actions.

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