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Iraq Constitutional Referendum
October 18, 2005  
With counting still underway, delayed in part by a massive sandstorm, early returns point toward sufficient numbers of Iraqi voters having cast ballots in favor of Iraq’s draft permanent constitution to assure a majority of votes in favor of its passage. Formation of an indigenously created and ratified constitution is a cornerstone of democratic rule of law and self-determination. Moreover, law and security go hand-in-hand, with each needing to contribute to the other. It will be important to observe how scrupulously Iraq’s new government respects rule of law. Just as important will be how vigorously and effectively the Iraqi government and its security forces can expand an indigenous capacity to quell violence, and establish and maintain peace and security. The ability of the United States and its partners to turn over greater control of Iraq to the fledgling Iraqi government depends on both ...
 
Treatment of Iraqi Detainees by Iraqi Security Forces
During U.S. Occupation
January 31, 2005  
One of the primary responsibilities of the newly elected Iraqi national assembly will be to draft a permanent constitution. Of special importance will be the promotion of human rights and the crafting of adequate safeguards and enforcement mechanisms, especially given allegations of human rights violations by security forces under the interim Iraqi government during U.S. occupation. The interim Iraqi constitution, continuing in force during the period of transition, includes provisions promoting human rights and making it possible to prosecute government agents. However, the interim Iraqi government and U.S. occupiers have failed to implement a major provision of the interim Iraqi constitution to provide for a national human rights commission with independence and authority to take up allegations of human rights violations.
 
Law Watch
Abu Ghraib Court Martial: Specialist Megan Ambuhl, USA
November 10, 2004  
Army Specialist Megan Ambuhl has become the third military police reservist and fourth U.S. soldier convicted over Abu Ghraib prisoner abuse. For standing by while abuse occurred and failing to intervene or report it, Ambuhl was convicted on Oct. 30, 2004, of dereliction of duty and sentenced to reduction in rank to private and loss of a half-month’s pay.
 
Law Watch
Abu Ghraib Court Martial: Staff Sgt. Ivan Frederick, USA
October 26, 2004  
In the latest Abu Ghraib prisoner abuse court martial, former Army Staff Sgt. Ivan Frederick has pled guilty under a pretrial agreement to conspiracy, dereliction of duty, maltreatment of detainees, assault, and indecent acts.
 
Law Watch -- Abu Ghraib 
Military Intelligence Spc. Armin J. Cruz Convicted over Abu Ghraib Abuse
September 15, 2004  
A second U.S. soldier has pled guilty and been convicted for detainee abuse at Abu Ghraib prison in Baghdad, the first from military intelligence. Clearly a number of overriding questions remain regarding Abu Ghraib and ongoing detention operations.
 
Policy Watch -- U.S. Presidential Election 2004
Analysis of John Kerry Acceptance Speech, Democratic National Convention
July 30, 2004  
Analysis of Presidential nominee John Kerry statements relating to security policy, including U.S. Iraq policy, at the 2004 Democratic National Convention.
 
Iraq Prisoner Abuse and the Geneva Conventions 
July 30, 2004  
Precise causes and motivations behind the Abu Ghraib atrocities still are unclear. The unlikelihood that torture or other abuses can secure accurate intelligence, assuming a detainee possesses useful information to begin with, perhaps adds a further air of incompetence to the legal, moral, and strategic fiascoes — e.g., the rank illegality, disrespect for human rights, dishonor to the uniform, sabotage of good will, inflaming of adversaries, and dangers of reciprocal reprisals. With investigations still underway and many facts yet to be uncovered, also unclear is how far accountability can and should reach.
 
Law Watch: First Abu Ghraib Prisoner Abuse Court Martial
May 24, 2004  
Even as questions remain over how far accountability ultimately will extend, in the first court martial over atrocities at the Abu Ghraib U.S. military prison, military policeman Specialist Jeremy C. Sivits, on May 20, 2004, pled guilty under a plea bargain. Under the plea bargain, Sivits, an Army reservist, will testify in future prosecutions.