Rule of Law Reform in a World of Conflict Featuring a Presentation by the
Honorable Medhat al-Mahmoud, Iraq’s Chief Justice
State Bar Convention
Arizona Biltmore Resort & Spa
Friday, June 22, 2012
2 – 4 p.m.
This program is open both registered attendees and lawyers who will not be attending the convention. This program may qualify for 2 hours of MCLE.
About the Session
All too often we take for granted the solidity and stability of our legal system. Yet, what of countries emerging from dictatorship and war? How do they develop laws and create a legal order that defends basic rights and enables due process protections? Can they base a new system on prior structures? Can outside assistance from the U.S. and the international community support these changes? How do the experiences of other countries help us understand legal challenges within our own communities? This panel explores the role of law in the reconstruction of Iraq following decades of brutal authoritarian rule and Kosovo following years of devastating conflict. The panel features a talk by the Honorable Medhat al-Mahmoud, the Chief Justice of Iraq and President of the Iraqi Higher Judicial Council about the state of the country’s judiciary nearly a decade after the U.S. led invasion brought about regime change. It also includes a presentation by Tom Monaghan, a Nebraska judge who led legal reform projects in Kosovo. The panel is introduced by Douglas Sylvester, Dean of the Sandra Day O’Connor College of Law at Arizona State University and moderated by Daniel Rothenberg, also of the Sandra Day O’Connor College of Law.
About Chief Justice Medhat al-Mahmoud
Iraq is known as the land of two rivers – the Tigris and the Euphrates – and many first learned of this part of the world as “the cradle of civilization” where writing, agriculture and other early signs of complex society began. For Iraqis, their land is also known as the birthplace of law through the Code of Hammurabi which defined key aspects of social order, including criminal punishments and rules for contracts, almost 4,000 years ago. Over the last several decades Iraq has been known to Americans as a zone of conflict, an oil-rich nation that was the focus of two major U.S. military actions, the Gulf War of 1991 and the invasion of 2003 and subsequent multi-year, large scale military and civilian presence.
The regime of Saddam Hussein and the Ba’ath Party used law as a key tool for repression, creating special courts and legal proceedings that linked surveillance, abuse and the brutal targeting of those seen as enemies of the state. Yet, even under the dictatorship, the country’s regular courts and legal processes continued to function, reflecting Iraqi society’s longstanding respect for law and the judiciary. Following the fall of the prior government, Iraq experienced a political transformation to a democratic system, the significant rebuilding of state institutions and a period of sustained and devastating violence.
The Honorable Medhat al-Mahmoud, Chief Justice and President of the Iraqi Higher Judicial Council has played a central role throughout the reconstruction process. He has been directly involved in virtually every major rule of law reform initiative in Iraq, overseeing the interpretation of new laws, the development of revised court procedures and multiple efforts to strengthen the legal system. Many of these initiatives have been supported by our government as well as the international community. While most Americans are aware of U.S. military actions in Iraq, training for local security forces and support for elections, few know that the American government has invested over a billion dollars on rule of law reform in the country. The goal of this funding has been to support the Iraqi legal system with the understanding, shared by most Iraqis, that a clear sense of law and a functioning legal system are essential for democracy, economic growth and stability.
Like most countries in the world, Iraq’s legal system follows the civil law tradition, as opposed to the common law tradition that our system is based upon. Judges in Iraq participate in a special career track that involves specific training in judicial institutes and is deigned to highlight their role as members of a distinct profession. The Court of Cassation is the highest judicial body in Iraq and renders the final decisions on unresolved legal issues from the country’s lower courts which operate through fourteen judicial regions, each of which has an appellate court as well as various lower courts, including a number of specialty courts.
In 2004, at an early stage in the nation’s reconstruction process, the Chief Justice wrote, “Judges enjoy a highly revered stature in the people’s minds . . . due to the role they play in preserving social equilibrium . . . Being the custodians and guardians of the people’s rights, freedom and dignity, they deserve the great veneration and esteem the people bestow on them.” It is an honor and privilege to welcome the Chief Justice Medhat al-Mahmoud of Iraq to Arizona.Follow @azatty