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THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances Young SIS 628 Communication, Culture, and International Conflict | Summer 2015 Dr. Shalini Venturelli | School of International Service

THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

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Page 1: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

THE WAR IN IRAQ:Conflict Analyses from

Historical, Religious, Cultural, and Legal Perspectives

GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances YoungSIS 628 Communication, Culture, and International Conflict | Summer 2015 Dr. Shalini Venturelli | School of International Service | American University

Page 2: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

Overview• Introduction• Perspective Analyses• History• Religion• Culture and the Creation of National Identity• Rule of Law

• Concluding Remarks **Are FORTHCOMING!! They will be included in the final posting of our presentation on 29 June**

Page 3: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

Introduction

• History analyzes the last few decades of Iraqi history, placing emphasis on the events of the twenty-first century and how they may influence the future

• Religion explores the background and division of Shia and Sunni sects for the purpose of understanding what role religion played in the role in Iraq, and interpreting how Islam can help shape the country going forward

• Culture and National Identity examines how the existence of multiple identity-based groups within Iraq influences the creation and sustainability of an overarching national identity

• The Rule of Law focuses on Iraq’s domestic system of jurisprudence and how it has been influenced by the region’s complex history, religious practices, and various national identities

Our examination of the War in Iraq is completed utilizing the lenses of history, religion, culture and national identity, and the rule of law as four distinct, yet interconnected perspectives that will provide context and analysis for understanding the conflict. An overview of each section’s content is below.

Page 4: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

THE HISTORY OF IRAQ: NO STRANGER TO CONFLICT

Page 5: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

Timeline

• 1958: Hashemite Monarchy overthrown. Iraq became Republic of Iraq.• 1968: Baathist coup led by Gen. Ahmad Hasan al-Bakr and Saddam Hussein succeeded. Baath Party in

power until 2003.• 1972: Iraq Petroleum Company (IPC) nationalized. Oil revenues started making Iraq a wealthy, Middle

Eastern powerhouse.• 1979: Saddam Hussein succeeded al-Bakr. Remained President until 2003.• 1980-1988: Saddam ordered invasion of Iran, beginning 8 year Iran-Iraq War. Over 1 million die in the

war.• 1988: an-Anfal – The Kurdish Genocide. Gas attack on Halabjah killed thousands.• 1990-1991: Saddam ordered invasion of Kuwait. Began the Persian Gulf War. War ended February

1991.• 1991: Crackdown on U.S.-inspired uprisings by Shia and Kurds.• 1992: No fly zone established.

[Timeline adapted from BBC News – Iraq Profile Timeline. http://www.bbc.com/news/world-middle-east-14546763]

Page 6: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

Timeline cont’d

• 2002: Pres. Bush told UN General Assembly that the U.S. intended to act against Iraq for WMD violations. Weapons inspections failed to verify violations or operational program.

• March 2003: U.S.-led invasion. Saddam Hussein ousted. Baath regime ended. • July 2003: Coalition forces faced beginning of insurgencies.• December 2003: Saddam Hussein captured in Tikrit.• 2004: Sadr’s Shia militias attacked Coalition forces. First Battle of Falluja. Abu Ghraib photos. Sovereignty

given to interim govt. under Prime Minister Allawi. • 2005: First Kurdish President: Jalal Talabani. Shia Prime Minister: Ibrahim Jaafari. Car bombings increased.

New constitution & elections; boycott by Sunnis. • 2006: May/June:100+ civilians died daily in violence per UN. al-Zarqawi killed in June. December –

Saddam executed for crimes against humanity. • 2007: US troop surge. Kurdish & Shia alliance; Sunni fail to join. Blackwater controversy. Oct. – total

deaths dropped. End of British control in southern Iraq.

Page 7: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

Timeline cont’d

• 2008: Iraqi Parliament passed legislation permitting Baathists to return to public life, reversing Bremer’s CPA Order #1. US forces handed control of Anbar Province to Iraqi govt. SOFA security pact with US – US to leave by end of 2011.

• 2009: Iraq took control of Green Zone. Pres. Obama announced withdrawal of most US troops by Aug. 2010. US forces hand over security duties to Iraqi forces.

• 2009: Islamic State of Iraq claimed responsibility for hundreds of deaths caused by suicide bombings in Baghdad.

• 2010: Parliamentary elections disputed. Aug. – last US combat brigade left. New govt. included all major factions.

• 2011: Violence escalated. US completed withdrawal. • 2012: Turmoil in govt. due to corruption, illness, deaths, etc.• 2013: Violence continued to escalate.• 2014: Islamist fighters infiltrated Ramadi & Fallujah. • 2015: ISIS/ISIL capture Ramadi, Fallujah, Nimrud, Hatra, and Tikrit.

Page 8: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

The Iraqi Baath/Ba’ath Party

• Baath or Ba’ath means “renaissance” or “awakening.”• What did the Arab Socialist Baath Party want to reawaken or

have reborn?• Iraqi’s Baath Party wanted to awaken the sense of being

uniquely Arabic.• They also wanted to create a modern rebirth – a secular

renaissance – of the civilization of the Tigris and Euphrates.• The Baath Party began in Syria, but migrated to Iraq in the late

1940s/early 1950s.• Originally dominated by Shiis, but Sunnis rose to prominence by

early 1960s.

Page 9: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

A Few Golden Years• Iraq was the prodigy of the Arab states in the 1970s & early 1980s before the Iran-Iraq War. The 8-year

war ruined the business and infrastructure development prospects & cost many of the best young men in a promising generation.

• After 1968, Baath Party focused on domestic troubles instead of pan-Arabism.

• Iraq became a progressive socialist state that developed at a phenomenal rate because of an influx of oil revenues.

• Nationalizing the Iraqi Petroleum Company brought in $1 billion in 1973, $8 billion in 1975, & an astounding $26 billion in 1980.

• Iraq was becoming the place to build a new life, get an education, own land, & create an exciting career in business, engineering, or dozens of other cutting edge fields.

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Party Membership & Identity

• People still needed the right religious & ethnic background, namely a Sunni Arab identity, to gain the most opportunities from the reforms.

• Under Saddam, Baath Party membership was critical for social & career advancement. Tribal affiliation grew in importance for positions in the upper echelons of government service.

• Membership led to immediate and permanent unemployment under “Coalition Provisional Authority Number 1, De-Ba’athification of Iraqi Society” & tangentially under “Coalition Provisional Authority Number 2, Dissolution of Entities” which disbanded the military, security, & intelligence systems in May 2003. The orders made party affiliation the ultimate catch-22 in post-Saddam Iraq.

Page 11: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

Key Progressive Reform: Education

• Saddam was not a beneficent dictator. Every reform & new program was designed to increase his power at home & to increase his regional & international standing.

• An educated populace was critical for the rapid modernization of Iraq necessary for that increase in power & prestige.

• The Baath Party advocated education for everyone, male or female.

• Saddam pushed for increased enrollment at all levels of school & a significant increase in available teachers.

• Higher education was deemed so critical to Iraq’s future that even during the peak years of the Iran-Iraq War when soldiers were desperately needed at the front, university students were exempt from military service.

Page 12: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

Enrollment Statistics – 1976-1986

Enrollment 1976-1986 Primary Schools Secondary Schools

All Students

Increased 30%Increased 46%

(nearly 1.5 million enrolled in 1985)

FemalesIncreased 45%

(from 35% to 44% of total students enrolled)

Increased by 55%(from 29% to 36% of total

enrolled students)

Teachers Increased 40%

(Figures taken from Jeffries, 2003, 173.)

Page 13: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

The Iran-Iraq War – 1980-1988

• Saddam feared a Shia-led insurgency inspired by the Iranian Revolution. He also desired access to the Persian Gulf. Those combined concerns led him to order the invasion of Iran by air and ground forces in September 1980.

• Lasting eight years, the war became the longest conventional war of the 20th century. More than 1 million people lost their lives.

Page 14: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

The Iran-Iraq War cont’d

• Although Iraq began on the offensive & gained some ground, by the end of 1982, Iran took the offensive & the front lines became static, resembling the trench warfare of World War I in battlefield strategies & lack of significant territorial gains for either side.

• The damage to the burgeoning development and reform programs in Iraq could not be reversed.

• Saddam eventually decided that financial relief could only be found in Kuwait’s coffers, so he ordered its invasion on 2 August 1990, triggering the Persian Gulf War.

• At its core, the Iran-Iraq War was about two different ideologies – pan-Arabism espoused by Iraq & pan-Islamism espoused by Iran.

• The pan-Islamism has ebbed & flowed over the decades, changing shape as can be seen with the self-proclaimed Islamic State today.

Page 15: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

The Iraq War - 2003-2011

• Mistakenly claiming that Iraq was advancing its WMD program & tying it to the War on Terror, President George W. Bush chose to invade Iraq.

• The original goals of the war appeared to have been:• Depose Saddam Hussein.• Institute regime change and de-Baathification.• Create a new democratic Iraq.• Take first step on transforming the Middle East into a newly democratic region.• Get out by August 2003.• Leave the Iraqis in charge of their nation-state’s fate.

Page 16: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

The Iraqi War Continued

• Providing freedom & autonomy to Iraqis would have been the right thing to do had it been done the right way. Unfortunately, the administration had a minimal plan for the invasion & no plan for everything that came afterwards.

• Too few military personnel to secure the ground attained led to chaos.

• The Americans lacked the will to assume authority, resulting in a long term power vacuum.

• CPA Orders #1 & #2 were the biggest mistakes the U.S. made in Iraq.

• The two orders stripped hundreds of thousands of people of their livelihoods, benefits, & pride just as they were placed in volatile, unpredictable living situations.

• Approximately 500,000-800,000 were ex-military armed with weapons, knowledge, and an ax to grind. Insurgent attacks began within 72 hours of Order #2.

Page 17: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

The Iraq War cont’d• Sunni minority lost power after fall of Saddam, so sought power & security by other means like

militias.

• Some Shia abused their newfound authority, causing resentment & fear amongst the Sunni. Sunni extremists attacked Coalition forces and Shia civilians in retaliation, leading key insurgencies.

• Eventually, the Sunni extremists triggered a response from non-fundamentalist Sunnis and led to the Sunni “Awakening.”

• The U.S.-led military troop surge of 2007-2008 was the Coalition’s response to the exponentially growing insurgent threat. The American forces underwent a change in focus, zeroing in on the security of the Iraqi people as part of the counter-insurgency mission.

• Status of Forces Agreement between the U.S. and Iraqi governments in 2008 set the date for U.S. troop withdrawal by the end of 2011. Extending American troop presence was not possible under President al-Maliki’s government, so American occupation ended in December 2011.

Page 18: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

A RELIGIOUS PERSPECTIVE OF THE IRAQ WAR

Page 19: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

Background on Religious Conflict

• Shia hold the majority population in Iraq yet the Sunni sect possess the majority population in Islam.

• The primary point of contention between the two sects is over which group should be the ultimate successor and leader of the faith. The Shiite sect believed the successor should be a direct descendant of Mohammad, on the other hand, the Sunni faith believed the leader of the faithful should be elected and chosen among the other religious leaders.

• The massacre in Karbala included the death of Hussein Ibn Ali along with many of his followers which lead to the great schism in Islam.

• The Shia were the “great losers of the schism” and were governed, repressed and persecuted under the regime of Saddam Hussein.

Page 20: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

The War In Iraq• It would not be until the 2003 War in Iraq in which the Shia would finally see an end to their

persecution by Saddam. They now had the chance to be the governing power for the majority of the population.

• With the feelings of humiliation brought on by the Coalition military, a fear of Shiite and Kurd power increases, a sense of entitlement, and with former Baathist leader support, the Sunni Muslims would begin to rally their followers with an insurgency to topple the new government and announce jihad against the invading Western forces.

• Soon terrorist bombings, hit squads, and radical Islamic interpretations were utilized and inspired more to follow their cause. The Shia would later retaliate with an insurgency of their own.

• The nations first election was ultimately boycotted by the Sunni who did not believe in the evil democratic policies.

Page 21: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

Differing Interpretations of the Koran• The Koran is infallible truth to many Muslims because they are the direct

words from Allah as transcribed by Mohammad.

• There are many passages that promote peace, tolerance, and compassion, but there are other passages describe violence and jihad.

• Many extremist Muslims take these words in the absolute literal sense while moderate Muslims and religious scholars understand the context that these passages are presented in and the limits for abdicating jihad.

• Both sides disagree on the interpretation and even some terrorist groups have come at odds with one another on the use of beheadings, torture, and genocide.

• Unfortunately, communicating brutal images provides the reaction that extremists want and because of their interpretation of the Koran, they feel justified in their actions.

Page 22: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

Islamophobia

• Is an irrational fear and a perception that is built based on a diluted and segmented image of who Muslims really are and what they ultimately stand for. It can be found in many Western cultures who do not have much exposure to actual Muslims.

• Negative portrayals of Muslims cause damage to the psyche of certain American viewers. An enemy image is developed that negatively portrays all Muslims.

• “As Islamophobia grows, it alienates Muslims, raising the risk of homegrown terrorism – and homegrown terrorism heightens the Islamophobia, which alienates more Muslims” (Wright, New York Times). It is a vicious circle that will take time to break or reverse.

• A successful communication campaign would humanize these two cultures towards one another by dissolving any irrational thoughts that have been developed because of negative media portrayals.

• Building bridges is necessary! Education exchanges, public diplomacy, cultural diplomacy, and other communicative policies and initiatives can be utilized to educate, reduce fear, humanize, and create realistic cultural perspective that will assist in trumping the media’s image of Muslims while embracing a progressive initiative towards a brighter future of understanding.

Page 23: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

Role of Communication in Iraq

• Communication could have been used as a tool to stabilize Iraq, but the lack of communication during the war between all parties was troubling. Instead of unification it was used as a tool to promote negative actions such as inspiring hatred, uniting those frustrated at their current condition to join the jihad and insurgency, spreading images of brutality, and spreading misinterpretations and misconceptions about religion.

• While interpreting the Koran, some messages were taken out of context and were not symbolic of traditional Islam.

• With a lack of common ground and mutual understanding, these negative aspects filled the void that quickly divided the country once again. An insurgency laid the groundwork for a civil war and later the rise of an even more extremist group, ISIS.

Page 24: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

• Religion is an aspect the people go to for guidance, consul, comfort, and worship.

• It is a part of all societies and Islam holds a very strong influence in Muslim society especially within their history, culture, and laws.

• When Saddam fell, it was a critical time in which all Muslims could have cast aside their historical differences to really open up a dialogue with one another on how they can best work together on developing a future for their country. Using the power of international connectivity, an “ummah” or community could have been established.

• Through trusted religious figures, the US military could have reinforced the message that they are not trying to destroy their way of life, but want to cooperate and use diplomacy to nation-build.

• All Arabs share an organic and symbolic cultural identity steeped in tradition and religion, but as with the case of Iraq, a nationalistic culture and identity was imposed using religion as a tool to determine who is good and who is not.

• Once the opening for potential peace closed, Muslims united around religion to temper their fear, which gives Muslim leaders an opening to communicate the teachings as they see them.

Analyses from the Religious Perspective

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IRAQI CULTURE AND NATIONAL IDENTITY

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Basic Concepts About Cultural Identity

• Cultural identity is the definition of groups or individuals (by themselves or others) in terms of cultural or subcultural categories (including ethnicity, language, religion, and gender). • Organic; traditions are preserved through time and space• Influences an individual’s sense of belonging to the group and the part of one’s thinking,

perceptions, feelings, and behavior that are due for group membership (Phinney, 1996). • Passed on from one generation to the next through the process of socialization• Membership is often exclusive

• During conflict, concerns over identity are of increasing importance as groups develop a heightened sense of self when they are under conditions of threat or attack. As a result, these groups draw together, become more cohesive, and collectively strive to validate their identity through various means, including the use of force (Weitsman, 2008:566).

• It is important to understand that there is as much variation within cultures, as between them and that individuals express their cultures in various ways depending on the circumstances. It is important to understand that there is as much variation within cultures, as between them and that individuals express their cultures in various ways depending on the circumstances.

Page 27: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

Basic Concepts About National Identity

• Definition: National identity is the sense of a nation as a cohesive whole, reflected in and represented by distinctive traditions, culture, language, and politics -> expresses the character of the nation• Invented, politically constructed, and tied to a fixed territory • Prioritizes a shared ideology and values system• Membership is inclusive• Assumes the organic identity of various cultural groups is subordinate to the identity of

the national state

• During conflict, the sense of loyalty to a nation may strengthen when there is a risk posed by an external threat, causing individuals to mobilize with fellow-countrymen for mutual protection

Page 28: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

Demographics of Iraq• According to the CIA’s World Factbook:• Population: 32,585,692• Ethnic Groups: Arab 75%-80%, Kurdish 15%-20%, Turkoman, Assyrian, or other 5% • Religions: Muslim (official) 99% (Shia 60%-65%, Sunni 32%-37%), Christian 0.8%, Hindu <.1,

Buddhist <.1, Jewish <.1, folk religion <.1, unaffiliated .1, other <.1• https://www.cia.gov/library/publications/the-world-factbook/geos/iz.html

• Three primary population groups exist within Iraq, each one it’s own culture and identity. There are Shia Arabs (Shiiism, being a notable branch of Islam), who are the nation’s dominant part and live generally in the south. Sunni Arabs are are primarily in the north and west, with Baghdad being a blend of both Sunni and Shia. In the far north are ethnic Kurds, who are religiously Sunni, however their ethnicity separates them from Arab Sunnis.

• Iraq’s administration is dominated by the Shia, which has unfortunately resulted in the under-serving of Sunni Arabs. The vastly different experiences of each of these groups in relation to each other, and in relation to the state influences the intensification of which they view, express, or align themselves with their communities.

Page 29: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

Forging an Iraqi National Identity

• Noting the history of tension between the many cultural/ethnic populations in Iraq, the struggle for a national identity has persisted since the country’s modern founding after World War I, and has challenged all of Iraq’s authorities, from monarchs to dictators to occupiers.

• The current challenge facing the country is the promotion of a new sense of Iraqi national identity that will at at least bond members of society together as countrymen even if it cannot transcend the historical differences or current tensions between Sunnis and Shiites, or Arabs and Kurds.

Page 30: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

Relationship Between Culture and National Identity

• The relationship between cultural/ethnic identity and the formation of national identity is significant because:

• Nationalism is a multi-faceted commitment to the state, comprising the political idea of territorial self-determination, a cultural idea of prioritizing the nation as one’s primary identity, and a moral idea of the justification of action to protect the rights of the nation against outside forces (Ignatieff, 1993).

• Cultural/Ethnic identities may mobilize individuals to become politically involved, providing group members with a sense of social responsibility, and enhancing the strength of social networks (Penn, 2008).

• Individuals choose whether to identify with their ethnic group or with the state as a whole, and these choices will affect individual preferences over policy (Penn, 2008).

• In some cases of intrastate conflict, combatants who believe that fighting is the best way to secure their interests or preserve their existence may need to be persuaded that cooperation and submission to a larger national cause is more important than bloodshed

Page 31: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

“War is the ultimate cauldron of identity politics as the environment of heightened threat and hostility of war situations is both the consequence of identity clashes and

the fertile ground for the entrenchment of identities” ~ Patricia Weitsman

Page 32: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

THE RULE OF LAW IN IRAQ

Page 33: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

A Brief Introduction to Law• While jurisprudence and theology have both benefitted from each other over the centuries,

essential to an understanding of how these schools relate is based on culture

• The sense of “right and wrong” first immerges as culture, before then growing and blossoms into law

• “Law is not something created through legislation that parliaments initiate or plan. Rather, law is a product of the life of a people; it comes into being in spontaneous processes occurring in the daily lives of persons throughout their history." (Mautner, 2011, p. 845)

Page 34: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

The Iraqi Constitution• The current Constitution of Iraq was approved by referendum on in October 2005

• The Constitution defines Iraq as a federal parliamentary republic, with Islam as the State religion and basic foundation for the country’s laws

• Iraq’s legislative branch consists of upper and lower parliaments: the Council of Representatives and the Federation Council, respectfully

• The President of Iraq is the head of the executive branch

• The federal Judiciary branch is mainly composed of the Higher Judicial Council, the Supreme Court, the Court of Cassation, the Public Prosecution Department, and the Judiciary Oversight Commission.

• Information on exact provisions in the constitution can be found at: http://www.npr.org/news/specials/iraq_constitution/

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The Trial of Saddam Hussein

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The Trial of Saddam Hussein• Between October 2005 until November 2006, Saddam Hussein was tried by the Iraqi High Tribunal

• The trial signified progress for Iraq’s judiciary – it was televised, followed modern rules of evidence, and featured the testimony of witnesses

• Hussein was appointed counsel and given an opportunity to mount his defense

• The Court found Hussein guilty and je was subsequently executed on December 31, 2006

• Following the trial, there was hope that these improvements to Iraq’s judiciary would be permanent, but that has not been the case

• Iraq's subsequent political leaders removed trial judges and denied the court independence from the executive branch

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The Current State of Iraq• In addition to assisting in the creation of Iraq’s constitution, the US and its allies are focusing on

three national areas to support the rule of law in Iraq: civil service reform, national policy management, and administrative decentralization

• Local judicial procedures is also a priority and the US is working with provincial governments to clarify and strengthen core authorities and responsibilities, improve responsiveness to community needs, represent citizen concerns and provide oversight on the delivery of services by the executive branch

• While much has been done to boost Iraq’s governing capacity, the institutions of government remain fragile

Page 38: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

“The clearest way to show what the rule of law means to us in everyday life is to recall what has happened when there is no rule of law.”

~ Dwight D. Eisenhower

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CONCLUDING REMARKS

**FORTHCOMING**

Page 40: THE WAR IN IRAQ: Conflict Analyses from Historical, Religious, Cultural, and Legal Perspectives GROUP 1: Zach Braun, Naomi Hill, Jonathan Ross, Frances

THANK YOU FOR VIEWING OUR PRESENTATION!

Please post feedback on the course Blackboard page, and feel free to reach out to the members of Group 1 for more information if you have any questions or suggestions related to this presentation’s content!

Zach Braun – [email protected] (Religion)Naomi Hill – [email protected] (Culture)

Jonathan Ross – [email protected] (Law)Frances Young – [email protected] (History)