Small Wars Journal

The Rule of Law at Dawn

Thu, 02/10/2011 - 10:57pm
The Rule of Law at Dawn:

A Judge Advocate's Perspective on Rule of Law Operations in Operation Iraqi Freedom from 2008 to 2010

by Geoff Guska

Download The Full Article: The Rule of Law at Dawn

Through the observations of a Judge Advocate assigned to the Rule of Law mission within Iraq between 2008 and 2010, the critical aspects of successful Rule of Law operations are: Unity of Effort; Interagency and Host Nation Relationships; synchronization of efforts with the host nation Internal Defense and Development (IDAD) Strategy; Prioritization of effort based on need and resource availability; and thorough but fluid planning. Each of these must be considered during the planning, execution and assessment of Rule of Law operations to ensure the success of those operations. Unity of Effort within a Rule of Law mission refers to the need to synchronize information and efforts of Rule of Law actors in order to effectively marshal resources towards achieving the desired Rule of Law objectives and end states. Deployed Rule of Law operations are, by their nature, a joint interagency effort that relies on effective and constructive relationships to connect those agencies with the appropriate host nation partners in order to accomplish their assigned tasks. This synchronization and relationships building is done with the primary focus of working "by, with and through" host nation partners in the furtherance of the Rule of Law components of the host nation IDAD strategy. Once the Rule of Law components of the host nation IDAD strategy is identified, the Rule of Law practitioner needs to prioritize the available resources against the host nation IDAD objectives in order to ensure effective application of limited resources towards achieving those objectives. The above process is made possible through a continuous planning cycle that considers the host nation IDAD strategy in light of available resources, the tactical situation and the ground commander's desired end states. The consideration of these factors will assist the Rule of Law practitioner in developing and implementing Rule of Law projects to assist the Host Nation in the advancement of its IDAD strategy.

Download The Full Article: The Rule of Law at Dawn

CPT Geoff Guska is a US Army Judge Advocate currently assigned as a Battalion Judge Advocate to 5th Special Forces Group (Airborne). He is a graduate of John Carroll University and The Ohio State University, Moritz College of Law and wrote this article while serving as the Special Operations Task Force-Central Legal Adviser.

About the Author(s)