Iraq Post-Conflict Constitution Project

Page Contents

Project Description
In-Country Project Office
2005 Constitutional Negotiations
Legislative Drafting Guides
Roundtable Reports
Policy Planning
Media Appearances
Project Team
Advisory Council

Project Description

Over the course of the past four years the Public International Law & Policy Group (PILPG) has provided assistance with preparing, drafting, and implementing the new constitution in Iraq. This page includes links to many of the documents prepared by PILPG for this purpose.

In-Country Project Office

PILPG had a Baghdad office from November 2006 to June 2007 to provide legal assistance to the Iraqi government on the implementation of the Iraq Constitution. PILPG attorneys worked with Iraqi government officials and Parliament members to develop enabling legislation for institutions created by the Constitution and laws governing the judiciary, human, women's and minority rights, and issues of federalism. In 2005, PILPG provided legal assistance to one of the primary parties participating in the negotiations to draft a new Iraqi Constitution.  

2005 Constitutional Negotiations 

In the spring of 2005, American University's Center for Global Peace, at the request of the Chairman of the Iraqi Constitution Drafting Committee, arranged for PILPG to provide assistance to the Drafting Committee. In July, the Center and PILPG, as part of a USAID program operated by one of its major international contractors, deployed a team of experts to Iraq. The Chairman called upon the team to provide legal and other expert assistance with matters ranging from state structure and electoral systems to resource allocation and the protection of human and minority rights.

Prior to and during the negotiations PILPG prepared a series of legal briefs on Iraq's post-conflict constitutional and nation-building issues, such as structuring an executive branch, promoting judicial independence, protecting human rights, resolving property claims, and repatriating refugees and internally displaced persons. These memoranda were prepared with the pro bono assistance of major international law firms, including Covington & Burling; DLA Piper Rudnick Gray Cary; Shearman & Sterling; Steptoe & Johnson; and Sutherland Asbill & Brennan. This work was sponsored by the Ploughshares Fund and the Compton Foundation.  

PILPG Briefing Book on the Iraq Constitution

PILPG Iraq project has prepared legislative drafting guides to aid in developing legislation for key institutions and issues. The drafting guides are intended to identify important issues and provide examples of approaches taken by other states. These documents provide comparative legal analysis and sample legislative language. Subjects of the guides include the Federation Council, the Federal Supreme Court, judicial administration agencies, the Court of Cassation, and the Human Rights Commission. The Iraq project is also drafting memoranda to help implement legislation on difficult issues such as minority rights, women's rights and personal status laws, division of oil and gas resources, taxation structures and independent commissions.

Federal Supreme Court Legislative Drafting Guide
Federation Council Legislative Drafting Guide

Roundtable Reports

PILPG occasionally hosts roundtables on timely topics, often in collaboration with other institutions. To facilitate the process of constitutional implementation, PILPG, along with nine co-sponsoring organizations in Washington, DC, hosted a series of roundtable discussions and conducted a Negotiation Simulation to address the key issues relating to this constitutional process. These events in the winter of 2005-06 brought together over 50 international and Iraqi experts involved with post-conflict development and constitutional law to identify the core elements of implementing legislation, potential amendments, and best-practices from other countries that have sought to create effective governmental frameworks for democratic societies.

The resulting report addresses and makes recommendations on a wide variety of issues, including federalism in Iraq, human rights, the administration of justice, the electoral system, the rights of women and minorities, and the impact of Islam in the country's Constitution. 

This program was co-sponsored by the American University Center for Global Peace, the American Society of International Law (ASIL), Chemonics International, Creative Associates International, DLA Piper Rudnick Gray Cary LLP, IFES, Shearman & Sterling LLP, Sullivan & Cromwell LLP, and the United States Institute of Peace (USIP). 

"Next Steps for the Iraq Constitution Roundtable Series"
Arabic version

In May 2003, PILPG, in collaboration with The Century Foundation, convened a roundtable of experts, including some who would play a role in new Iraqi governing bodies, under the Chairmanship of Ambassador Morton Abramowitz and Judge Abraham Sofaer to discuss issues that would likely arise during the anticipated constitutional negotiations. The roundtable produced a report which was designed to help navigate the complexities of the constitution-building process by providing analysis and recommendations on the various state structures and processes post-conflict states have adopted in order to achieve both stability and democracy when faced with a diversity of ethnic and religious interests. 

Establishing a Stable Democratic Constitutional Structure in Iraq: Some Basic Considerations  

Policy Planning 

During 2004, PILPG, in cooperation with American University and sponsored by the Carnegie Corporation of New York, conducted a series of diplomacy simulation exercises on negotiating a permanent constitution for Iraq and on constructing formulas for allocating oil revenue. The diplomacy simulation exercises were run with participants from various Iraqi constituencies, the U.S. government, academia and foreign policy NGOs.

Negotiation Simulations 

Negotiation Simulation: Negotiating a New Constitution
Negotiation Simulation: Formation of Regions in Iraq
Negotiation Simulation: Negotiating an Equitable Allocation of Oil Resources

Reports 

Media Appearances

 PILPG members have been interviewed over 200 times on the conflict in Iraq.  These interviews include National Public Radio, NBC News, CNN, the BBC, the NewsHour with Jim Lehrer, Australian Broadcasting Corporation, Court TV, Washington Post, Boston Globe, Voice of America, MSNBC, the Christian Science Monitor, CBS News, Fox News, USA Today, and others. 

“Iraqi Referendum,” Paul Williams on The Diane Rehm Show (October 17, 2005). 

“The Iraqi Constitution,” Paul Williams on Washington Journal (August 24, 2005). 

"Iraq Grapples with Constitutional Process," Paul Williams on the NewsHour with Jim Lehrer (August 16, 2005).