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  1. #13
    Council Member Surferbeetle's Avatar
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    Default Security Forces need a Judicial Framework

    Rob,

    Interesting post, and a good start. I note that you have identified that Security Forces do operate within a broader environment/greater governmental framework, however the necessary legal framework which directs and supports a Security Force should perhaps be examined in more detail.

    Training, standing up, and supporting or 'improving' an existing Judiciary is a key component of the Security Force development effort. If one does not want extra-judicial punishment, meted out by 'Security Forces', to be the norm, then an acceptable (to the populace in question) rule of law needs to be agreed upon and followed.

    My observations in Iraq were that the folks and facilities who operated/supported in/ the 'judicial' arm of the government were targeted by the insurgency. As a result of this targeting, the local populace was unable to work within the 'rule of law' in order to resolve disputes about criminal conduct, contracts, real & personal property, negotiable instruments (banking, credit, etc.) and other vital points of law that I am not mentioning or aware of.

    During my tour we worked to build the infrastructure and capability of the local Judiciary so that there was a hand off from the Security Forces to the 'State'. While this building effort went on there was a simultaneous effort to build infrastructure and capability of the various Security Forces in our A.O. These efforts were two sides of the same coin, IMHO.

    Regards,

    Steve
    Last edited by Surferbeetle; 06-28-2008 at 07:05 PM.
    Sapere Aude

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