Rule of Law - Defined

The Army JAG School Rule of Law Handbook defines rule of law as “a principle of governance in which all persons, institutions and entities, public and private, including the state itself, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated, and which are consistent with international human rights principles.”  Wow, sounds like utopia right?  I think most people would agree that every government and judicial system is a work in progress, working towards this ideal in fits and starts.  And there are more opinions/theories on what the ideal looks like than there are Constitutions and criminal codes around the world.  Newt Gingrich wants to scrap the 9th Circuit, I would abolish the death penalty and work towards a way of trying rape cases that protects defendants’ rights while not putting the victim on trial.  We all have our ideas.

So how did my mission come to be?  It might come as a shock – but I wasn’t exactly involved in those discussions.  But here are a couple excerpts from a speech Secretary Gates gave earlier this year.

“A vacuum of governance remains in key areas.  We must support the Afghan government in its efforts to establish basic dispute resolution in key districts in order to facilitate improvements in security, to create the conditions that foster the reintegration and reconciliation of former insurgents, and to combat corruption that undermines trust in the Afghan government.”  Secretary Gates, March 2011

“Within this context, the U.S. strongly supports the proposal for a NATO Rule of Law Field Support Mission currently being considered within the ISAF coalition.  This new mission would bring to bear much-needed field capabilities, liaison, and security in support of Afghan and international civilian providers of technical assistance; these civilian providers can then more effectively help Afghans increase access to dispute resolution services and enhance the legitimacy of the Afghan government.” Secretary Gates, March 2011

http://www.defense.gov/speeches/speech.aspx?speechid=1547

It’s hard to hold courts without judges and prosecutors right?  Just ask some of the over-burdened courts stateside that are struggling while judicial nominations are held up in the confirmation process.  This is an issue my little mission is working with our Afghan partners to address so that Afghans are able to access the formal (court) and informal (dispute resolution) systems in place in their country.  I will discuss these two systems more once I have a better grasp of their structure and how they operate.

Sidebar- My fellow ROLFSO, Capt M also has a blog http://micahmcmillan.com/  We are working in different provinces so will likely have different experiences and insights to offer.  He also has a pic of us flying into the country together – a pic in which I am told I look “cute.”  Great.  Capt M also went to FSU, so while he has told me to “fear the spear,” I am confident that my Fighting Irish will persevere in our upcoming bowl game! 

Alphabet Soup

Back in September 2001, I began my first government job as a college intern with the DOJ (Department of Justice), ENRD (Environment and Natural Resources Division), PLSL (Policy, Legislation, and Special Litigation Section) in DC (Washington, District of Columbia).  Thus began my career of speaking in acronyms – which to my little brother’s great disdain will seemingly continue for perpetuity.

So, for the benefit of Mateo, here is my new language for the AOR (area of responsibility), some acronyms new to me and some not.  I will add to this list as I go.

AACP- Afghan Anti-Crime Police
ABP- Afghan Border Police
ADT- Agricultural Development Team
AGO- Attorney General's Office
ANA- Afghan National Army

ALP- Afghan Local Police

ANP- Afghan National Police
APPF- Afghan Public Protection Force
APRP- Afghanistan Peace & Reintegration Program

BAF- Bagram Air Field

BSO- battlespace operator

CJIATF-435- Combined Joint Interagency Task Force 435

DCoP- District Chief of Police

DST- District Support Team

FOB- Forward Operating Base

GIRoA- Government of the Islamic Republic of Afghanistan

IDLG- Independent Directorate of Local Governance
IJC- ISAF Joint Command
IPIT- Interagency Planning and Implementation Team

IROL- Interagency Rule of Law

ISAF- International Security Assistance Force

JAG- that’s me!

JSSP- Justice Sector Support Program

KAF- Kandahar Air Field
KLE- key leader engagement
LEP- law enforcement professional
LOJC- Law on the Organization and Jurisdiction of the Courts
MATV- MRAP All Terrain Vehicle

MOI- Afghan Ministry of Interior
MOJ- Ministry of Justice

MRAP- Mine Resistant Ambush Protected

NATO- North Atlantic Treaty Organization
NDS- National Directorate of Security

NROLFSM-A- NATO Rule of Law Field Support Mission- Afghanistan
PHQ- Police Headquarters

PJC- Provincial Justice Center
PJST- Provincial Joint Secretariat Team
PPRC- Provincial Peace & Reintegration Council

PRT- Provincial Reconstruction Team

ROLFF-A- Rule of Law Field Force-Afghanistan

ROLFSO- Rule of Law Field Support Officer

USAID- U.S. Agency for International Development

USDA- U.S. Department of Agriculture

Training Day

The Kandahar Team Chief for my mission arrived at KAF last night and asked if I wanted to come out with him to visit a district.  So out we rolled this morning with our Army secfor platoon, picked up one ROLFSO (Rule of Law Field Support Officer – what my title will be) and headed to another district to visit another and do a site visit.  All told 5 hrs in an MRAP (will take some getting used to).  

I was able to meet two of my fellow ROLFSOs who are both now working in their second provinces.  Both are at FOBs with limited support and connectivity.  After checking out the district center’s facilities and a building we hope to have renovated for the judiciary, we met with the district governor.  First official meeting!  Complete with chai and candies of course.  

All in all, I learned a lot today and am still processing my first real exposure to Afghanistan.  It doesn’t appear that I will be moving forward tomorrow, so I might take the time to organize some thoughts on the Afghan legal/dispute resolution system to try to teach myself a thing or two  – and I might even do this AF PowerPoint style :)

Sidebar – I made the Chief take a picture after we returned safely.  Upon review, I have determined that even with full battle rattle standing in front of an MRAP, I do not look tough, and thus never will. 

Change Afghanistan Can Believe In

As a political junkie, I enjoyed this title in a FP column today when it popped up on our clips http://www.foreignpolicy.com/articles/2011/12/12/change_afghanistan_can_believe_in?page=0,0 After a read, I enjoyed it even more – metrics and statistics can tell stories that sometimes newscasters can’t, provide tangible evidence of progress or lack thereof, and guide leaders in making decisions with limited resources.  Before and since joining the Air Force, I have been asked “are we winning?” “is it worth the death/injury/$ count?” – as if either question has a simple yes or no answer.  These statistics on per capita income, mortality rates, and the “are you better off than you were X years ago?” question are perhaps indicative of a positive trend line (and hopefully not cherry-picked statistics to support the author’s point of view…).

I am still very much in the intro part of my mission (not even in the district I will be working in) – but have been briefed on the basics and am happy to report that my little piece of the puzzle has subjective and objective metrics for what will constitute “success” in a given provincial district.  While I cringe about military justice metrics in my stateside gig, I am optimistic that the goal posts that have been set represent an immense challenge no doubt – but if achieved can make a positive contribution in the lives of Afghans.

What Rule of Law Means to Me...

When I first found out I would be doing "rule of law" work in Afghanistan, I thought "hmmm, pretty vague."  So since Capt M and I are still hanging out waiting to head somewhere, pithy reflection on what rule of law has meant to me for the last 30 years:
- Kindergarten- I cut my bangs off with scissors and lied to my mother about it -- lying to your mother is worse than lying under oath!
- 5th Grade- My Mom was a prosecutor when we moved back to OH and she brought her badge in when she came to speak to my class -- so cool!  Women power role model for life :)
- High school- My church and high school are located next to each other on a corner with a traffic light -- everyone would cut through the parking lots to avoid the traffic light despite it being "illegal" to do so.  Driving home with J.B. one night we were pulled over -- first time in trouble with the law!
- College- Worked with Kirkland & Ellis on the case of Robin Lovitt, whose death sentence was ultimately commuted to life by VA Gov Warner because a state clerk had illegally destroyed evidence from his trial.
- Law School- Co-founded the Student Hurricane Network, which continues to do great things in the Gulf.
- Den Haag- Worked for the Appellate Chamber of the ICTY/ICTR.  Despite my misgivings about a statute that permits sentences to be increased on appeal, the first life sentence handed down in Galic was a strong statement in the development of international criminal law.
- Luke AFB- I had an amazing first assignment and the pleasure of advising some great squadron commanders.  The dialogue between the JAG and CCs/First Sergeants is crucial for military justice -- moreso when we disagreed and talked through issues of discipline and justice.  On the flight over I ran into someone from Luke who recognized me -- apparently one of the things I'm still known for around there is asking Sec Donley a (vetted and approved!) question about Art. 3 courts v. military tribunals during a CC call.  Still a hot topic http://www.nytimes.com/2011/12/11/us/beyond-guantanamo-bay-a-web-of-federal-prisons.html?hpw 
- Afghanistan- I come here with an open mind, high hopes, and low expectations (179 is not long to accomplish much in even the best of circumstances after all...).  Here is a description of our mission and a couple pics of HQ.  http://www.lawfareblog.com/2011/07/nato-stands-up-rule-of-law-field-support-mission-in-afghanistan/

So...rule of law has meant many things to me and I'm sure I might have a different answer in 6 months about what it means in Afghanistan.  My only hope is that at the end of all this I can say I upheld the oath I first took 3.5 years ago in Rayburn, carried out my CC's intent, and went about my daily work with integrity and enthusiasm.

Arrived In Country

 

Pretty straightforward trip to Afghanistan -- 4 flights over the course of 2 days with a night to cool my heels (or rather bathe in my tent sauna) at Manas, Kyrgyzstan.  It was hard to know what to make of Manas -- between the freezing temperature and eerie fog, I think I was glad to get out of there pretty quickly.  We took a C-17 out of McChord into Kandahar -- pretty smooth ride and being short has its advantages when you're squeezed into a seat in your battle rattle.

 

Capt M and I are just hanging out at Kandahar "in processing" and waiting for rides forward.  It appears that after being denied the correct uniforms stateside (proper pattern and a set of pants that won't fall off of me without a belt), my new unit will be more than happy to oblige.  Where am I headed?  Good question, that decision appears to be in the works.  I was surprised that my gender wasn't an issue with my tasking for the type of work that I anticipate doing -- but it appears that may in fact be the sticking point in deciding what province I end up in.  Just like the U.S. and any country in the world, some areas are simply more progressive than others.  I'm sure I will have plenty more to say about this (good and bad) as time goes on.

 

Also, interestingly, not all of the field support officers are JAGs/paralegals.  We have pilots, MPs, and engineers.  Good variety for what I anticipate I will be doing.  

Delayed...

Everyone has their pre-deployment routine.  Mine involved carrying on with the holidays as normal.  So what to do with a lengthy flight delay?  Well, wrap Christmas presents of course.  And eat more croissants...

Check out the tree...it's a beaut!