Abstract :
Part of the US project for Iraq following its invasion was the reconstruction of the
Iraqi justice system. Many projects, both military and civil were launched in support
of this goal with the intention of enhancing the rule of law. Based on seven
month’s experience on one such project in Iraq, the author discusses the various
tensions, constraints and confusions in these reconstruction projects in the justice
sector. Overall there was an absence of harmonization and coordination and these
operated to the detriment of the Iraqi system. In the field of rule of law programs,
aid providers generally seek to establish a western style rule oriented system similar
to those prevailing in their own countries but seem unaware of how to best
bring about this change. In the author’s experience, this process was exemplified
in Iraq. An alternative approach to justice reconstruction is suggested that would
be holistic and strategic, based on local knowledge and practice, and one that incorporates
both top down and bottom up knowledges.
