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    May 2008

    Default Rule of Law in Iraq & Afghanistan

    Given almost a decade of experience, some Lessons Learned can be and have been learned from those conflicts.

    We start with Rule of Law in Iraq and Afghanistan, by Mark Martins - Brigadier General, United States Army, Commander, Rule of Law Field Force, Afghanistan. J.D. , Harvard Law School, 1990 - Brig. Gen. Martins delivered these remarks as part of the Dean’s Distinguished Lecture Series at Harvard Law School on April 18, 2011, upon receiving the Harvard Law School Medal of Freedom.

    Speech (17 pages in pdf)

    Slides (15 slides in pdf)

    Examples covered:

    •Responding to attacks from shrine in Najaf (Iraq)

    •Opening the Syria border crossing (Iraq)

    •Acting on reports of excessive force (Iraq & Afgh)

    •Funding local security efforts (Iraq & Afgh)

    •Adopting counterinsurgency theory (Afgh)

    •Fielding the rule of law in practice (Afgh)
    The examples cover not only the Rule of Law, but also the Laws of War (LOAC).

    Those and other legal issues resaulted in:

    Third observation — in all of the examples, we had lawyers deployed with us who could help. I have not come close to exhausting all that operational lawyers must be, know, and do in modern U.S. military operations.

    They must be soldiers — physically fit to endure the rigors and stresses of combat while keeping a clear head, as well as able to navigate the area of operations, communicate using radios and field systems, and, when necessary, fire their assigned weapons.

    They must also be prepared, when called upon, to foster cooperation between local national judges and police, to plan and supervise the security and renovation of courthouses, to support the training of judges and clerks on case docketing and tracking, to establish public defenders’ offices, to set up anti-corruption commissions, to mentor local political leaders and their staffs, to explain governmental happenings on local radio and television, to develop mechanisms for vehicle registration.

    Because of their work ethic, creativity, intelligence, and common sense; because of their ability to think and write quickly, persuasively, and coherently; and because of their talent for helping leaders set the proper tone for disciplined and successful operations — I and other commanders tend to deploy as many field-capable lawyers as we can.

    The number of judge advocates in the 101st Airborne Division reached 29 under General Petraeus’s command. At the Multi-National Force-Iraq, a force of about 160,000, we had 670 uniformed legal personnel, including 330 operational lawyers — several of whom were great British and Australian judge advocates — and 340 paralegal specialists and sergeants. In Afghanistan, we have nearly 500 judge advocates and paralegal specialists.
    BG Martins' comments take us up to this week in Operational Law.


    Last edited by jmm99; 04-22-2011 at 02:28 AM.

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