After "Victory": Can the Iraqi Constitution Constitute?

If the Iraqi constitution fails in the October 15 referendum, it'll be pretty obvious that we have a crisis on our hands. If it passes, though, we may not have a success on our hands. Any constitution must provide the foundation on which enduring political institutions and processes can be constituted. This doesn't require perfection; but it does require, like any foundation, a solid enough basis on which to build, be it houses and buildings in the literal sense or a political system in our figurative sense.


We started this debate on America Abroad back in late August, posed as get it done vs. get it right. With the Iraqi referendum coming up, it's worth picking this up again.

I can see the points of my colleagues that if we just get the constitution done, it could provide the cover for the Bush administration to declare victory and start a phased withdrawal. I'd like to see us out of Iraq; but I'd also like to see Iraq not end up a failed state.


A main issue I still can't get past is the four armies one: one for the Kurds, one for the Shiites, one for the Sunnis, and one supposedly national army. It's actually gotten even more fractious as with the recent Shiite militia vs. Shiite militia clashes in Basra. Authoritative control of the means of legitimate violence in a society is one of the most fundamental of political system first principles. If this isn't gotten right, how stable a state can be built? The Iraqi constitution amounts to faux federalism, not a viable variant of the real thing.


Not only does it make for a weak political foundation, it undermines the effort to build the security foundation of an Iraqi national army and police that, as the Bush administration so often puts it, can be "stood up" so we can "stand down". After over 2 ½ years, according to our own American senior military commanders, there is but one Iraqi battalion capable of conducting combat operations on its own. So we continue to struggle to get these numbers and capabilities up while agreeing that the Shiite and Kurdish militias stay separate and keep growing?


And now we have the political semantics maneuvering by the Kurds and Shiites of differentially defining what a "voter" is. Sure, we've played the definitional game in our politics: can't totally forget the what "is" is during the Clinton Lewinsky controversy, among other instances. And, for sure, we've had any number of backroom legislative deals made. But the Shiite-Kurdish sliding scale definitions of what a voter is were much more fundamental than what did or did not happen with an intern, or the tacking on of pet projects to legislation. The fact that the Kurds and Shiites  backed off in the face of broad-based pressures from the United States, the United Nations and others only tells us that they'll back off when caught - not that they won't try again.


So when/if the Iraqi constitution passes next week, what next? Best case is it helps shift the debate towards how and when, not if, to withdraw. But to do more than try for another Vietnam-like "decent interval", there'll need to be a constitution that gets more right than this one in its current state does.  


Comments (22)

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I think you may be getting ahead of yourself a little bit.  

How are the various militias in Iraq different from the state militias that existed at the founding of the US?  Just having different militias does not mean that there are 4 independently controlled means of legal violence.

I haven't had the opportunity to look at the Iraqi constitution, but it's conceivable--and in my opinion likely--that the naitonal government will have the sole power to direct the use of force.

Second, it is my understanding that there are still ongoing negotiations on the constitution, and that the federalism issue is not yet settled.  I could be entirely wrong, but I think they are still trying to make it more symmetrical.

In any case, I think your general point is correct:  this constitution won't end the need for American troops in Iraq.  

Iraqis are outside the tradition of western liberal democracy constitutionalism.  It will be tough for them to build a legal state.

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The loose federation embodied by the Articles of Confederation sprung to my mind, too (although there wasn't a standing national army).  But it's hard to think that our history gives reason for optimism in Iraq.


Although there were significant differences between the original 13 colonies (as played out in the Constitutional compromises), they were maily economic in nature.  There was nothing remotely comparable to the strife and bad blood that exists (and has existed) between Kurds, Shi'ia and Sunnis.  


Virginia hadn't brutally launched Sarin attacks against New York, Georgia hadn't enjoyed de facto autonomy from King George for the previous decade, and New Hampshire didn't have hundreds of years of cultural and religious ties to Canada.  


Oh, and the thirteen had just worked together to successfully complete a six-year rebellion against an oppressive government.


What comes close as a unifier in today's Iraq?

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I want to know the answer to this question: will the new Iraqi constitution allow permanent US military bases in Iraq?


It seems to me that if the US stated plainly that we do not desire a permanent military presence in Iraq, that could go a way to calming things down.  


The Bush administration will not say this, because, IMO, they do want a permanent military presence in Iraq.

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" How are the various militias in Iraq different from the state militias that existed at the founding of the US?"

 

Well, for one, the various Iraqi militias represent factions with a history of murderous violence toward one another. Additionaly these militias have been involved in a low intensity civil war with one another for at least the last few months.

 

Better Pollyannas, please. 

avatar The end of Iraq is now.  There is no army. There are two militias that will not fight as an army

A paper government
A paper army - in a country aflame

Iraq is over. The nation that Bush wants to build he has already destroy

And all the king's horse and all the king's men... Bush didn't just break Iraq he smashed it to bits. The greatest debacle is US history has come. There will be no stabiliyt and the US forces will helicopterng  - hopefully NOT haning to the skids

Here's some sage advice from the Crusade General Staff;

36 Dead, Nearly 100 Wounded in Hilla Mosque Attack
Cheney: 'Get Used to It'

[Via Juan Cole]


For those in the Bay Area Juan will be speaking at UCB 10/20 and SFSU 10/21 Noon....the latter open to the public, check UC probably so
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After reading Bruce's post, the thought also occurred to me that the 3 fractional militias would be the equivalent of our national guards in different states.  But I do not know for sure.

Bruce might be shedding light on a problem that could arise though, that it might be dangerous to have separate militias at this stage in the game (makes it easier for a civil war conflict to happen if tempers flare - say if some units within one of the fractional militia open fire on another fractional militia on their own, if there isn't enough order established yet in these young armies, it could conceivably explode to an outright civil war.)

I'd like to hear Gen. Clark's opinion on this development.  I guess it all depends on how much order there is in place with these military branches, and that Gen. Clark might not even know since he's not on the ground in Iraq seeing it for his own eyes.

Is there enough time to get the sunni's registered to vote?  I think focusing on that might be best at this point, better than cancelling the ratification election.

The point Jane makes about the permanent military bases is very important IMO.  A buddy of mine has mentioned to me, I don't know if it is true or not, that the press seems to be not covering the story at all regarding the huge air bases that the U.S. has built in Iraq.  My buddy thinks the sole reason for this war was to have those as U.S. air bases in the middle east.  If there is any truth to this - I think it is a huge mistake.  And I'm no military expert at all, i've never served a day (although I did attempt to sign up for navy reserve yet answered honestly about the "ever try pot?" question, back in my naive "honesty is the best policy days.")  

The reason why I think it would be a huge mistake is twofold:

* Our navy is very powerful.  We can launch more missiles then we'd ever need from submarines alone, and they can hide out wherever they want in the persian gulf.  Aircraft carriers are mobile and act as airbases.

* It does not follow the "false jihad" psychological warfare strategy that I think the Iraq War might be about, and that I advocate.  If we get out of Iraq entirely, and Iraq is able to wage war with Al Queda, support for Al Queda in the arab nations is extinguished.  We win the war on terrorism, or at the least we win the most important battle - the propaganda battle.  But if we leave permanent U.S. military bases in Iraq, Al Queda can claim that they're jihad is still a true jihad, there is no false jihad outcome.

 

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A constitution is not a magic document, with the ability to force a polity to move in a direction that it very different from the direction in which they want to move.  What gives life to a constitution is the political will, the intentions of those who achieve the power to implement it.  More important than the question of what Iraqi futures are logically conceivable under the new constitution is the question of which futures are desired by the parties to the constitution.

It is my very strong and distinct impression that there is no important and efficacious constituency in Iraq behind the creation of a strong central government.  On the contrary, most of the important actors either favor disunion, or lack the power to prevent it.  The consitutution itself seems to be crafted to ease the transition toward regional autonomy, and ultimate independence.

An apt model, in my opinion, of the direction in which the constitution is intended to lead is provided by the Commonwealth of Independent States, formed after the dissolution of the Soviet Union. More the framework for an alliance than the charter of a single unified state, the CIS charter sought to allow a civilized divorce of the Soviet Union.  The Iraqi constitution allows in principle for a greater dgree of national unity and central government control; but it also allows for the implementation of the steps toward disunion.  The most important political factor is that it is the latter course which seems to hold the attraction of the supporters of the constitution in Iraq.  It is the opponents of disunion who are most opposed to the constitution.

Why is it that so many Americans, who claim to want something like "democracy" in Iraq, are so eager to see the creation of a strong national Army under the control of the central government, when the creation of such an entity does not reflect the majority will in Iraq?

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I haven't had the opportunity to look at the Iraqi constitution, but it's conceivable--and in my opinion likely--that the naitonal government will have the sole power to direct the use of force.
Constitutional authority is not synonymous with de facto authority. Loyalty of each separate militia, as well as the unofficial militaries, are a serious question that will not necessarily be resolved by a political agreement, written or otherwise, even after a vote. I cannot see reason for optomism here.

As for the "need" for American troops, there's an implicit assumption that there exists a necessity that can be served by US forces. That's open to debate, isn't it?
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I agree with this 100%. Just about every word.

avatar As to your psychological warfare point, if you believe this is the main goal, I think the US can safely start drawing down ground troops, leave aircraft carrier support and let the Pesh Merga, the Badr Corps, and even Sadr's folks to fight the insurgency as well as AQ. I'm pretty sure they can do this handily, certainly with American airpower in back of them. The fighting will go on for a long time to come, but the groups I list above aren't going to lose. This is why I find Bush's continue frame for the war as nonsensical. A continued ground troop presence does nothing the above scenario can't do. Indeed, it most likely will become increasingly detrimental to any kind of competent, indigenous settlement while, as you note, making AQ's arguments increasingly credible to "fence sitters."

Ben P
avatar As long as the US remains in Iraq, the insurgency will continue. Simple and can be debated all day and night but it wont make any difference. All of the pontificating and intellectual games mean nothing. I do constantly wonder however why anyone willing to study even superficially the behavior of this admin has to see that the gop has simply taken the position that they can do no wrong.
 When any leadership reaches the position that they know best, look out.
 I do hope that someone is developing a list of all of the conservative pundits and legislators comments BEFORE they are ringed in by the threat and begging of the administration.
 These quotes shout be posted regularly everywhere!
The web; the newspapers; quoted on every talk show;posted on billboards across the country;tatooed on foreheads! Since the Iraqis really find themselves once again in the position of having any say in their future, this constitution is seen as just one more example of the US imposing !!!!!!!
  A simple examination of the history of the imposition on a civilian population by a external invading source has Always led to failure!
          &nbsp ;          &nbs p;          &nb sp;          &n bsp; billjpa@aol.com
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In response to Ben and Bill 's comments - perhaps the real reason we havn't drawn down yet is the concern over possible civil war between any 2 (or 3) of the 3 "states" in Iraq, sunni, shia, and khurd.  There may be less of a chance for civil war when big brother is in the school yard so to speak.

Ben makes a reasoned point wondering why no draw down of troops yet.  I can only compute it must be either A. civil war prevention, or B. we aren't general Abizaid, we are arm chair generals half way around the world, and therefore we just don't know what is necessary.  I think i'd put more money on reason A. though myself.

Reason C. is if there is still a need to provide a honeypot to attract Al Queda into Iraq to ensure muslims bomb muslims, which is what you need to win the psychological war on terror.  But I am sure Ben and Bill will both question this thinking that the honey pot has already been provided enough, that they advocate a withdrawal starting now, and over time, not a cut and run.

This is a good speech.  I think our focus as Dems, should be on the disconnects within our own country's policies by the GOP regarding this, the Bush Administrations priority.  I can think of 2 disconnects, can others think of more?  1. ANWR.  If we become oil independent, what will our friends, who's democracy we protect and nurture with lives, limbs and dollars, export to have their economies continue to run?  Sand?  Camels?  2. "war on extremism" I believe the Pres. is quoted as saying in the above linked speech.  Yet we all feel the GOP has tried to make inroads towards weakening the separation between church and state on our own soil.  Sorry to have commented with a change in subject on this last "disconnect in objective" paragraph, you can comment if you want on my blog entry in readers blog on this point, it probably doesn't belong in this blog thread as it is a change of subject.

I think we should question whether there will be any permanent U.S. military bases long term in Iraq or not, as I think it is important  to not have any permanent military bases.  I agree with Ben, I don't think we need them.  I don't think we need them in saudi arabia either.  It makes a better case for "false jihad" if we don't have any permanent military bases in the middle east, but instead hide missile launching subs in the waters nearby, and have aircraft carriers not too far off from the middle east.

avatar The referendum like everything else about this war from the firrst day has pure political theater designed to cow oppostion and acquire political power. That is all it is and all it ever has been.

Bush's bizarre speech today is another case in point. NewsHour is playing Evil Empire part....the man is certifiable -  pathetic,dangerous...This nutcase has over three left in office




Interview With Martin van Creveld

Dr. Martin van Creveld...as you will see in our interview with him,e did not mince words..... When we informed him of a news article about how Bush officials bristle at the suggestion the war in Iraq looks like Vietnam, he replied,


    Well, let them do some bristling. These people should be impeached, tried and punished for misleading the American people into a senseless war. They can then spend their time in prison reading Clausewitz and Sun Tzu.



Whether you agree or disagree, Martin van Creveld's words have substance and are not mere conjecture. Dismiss them at our nation's peril.


Interview






    Sonshi.com: It has been said there are two major camps in the US military leadership: Those who follow the principles of Clausewitz and those who follow the principles of Sun Tzu. Do you agree in general? If so, which of the two ideas do you think will apply more in future wars? If not, what doctrines or sets of principles do you see the US military leadership following?



    van Creveld: I doubt whether the U.S military leadership has followed either Clausewitz or Sun Tzu, or else it would hardly have gotten itself involved in an unwinnable war in Iraq.



    In the future as in the past, both Clausewitz and Sun Tzu will undoubtedly have a lot to offer. As to the U.S, I do not see that it follows any particular set of principles except hypocrisy: meaning, the heart-felt need to dress up its extraordinary hunger for power with fine-sounding phrases about freedom, democracy, women's rights, etc
avatar How long will Iraq continue to exist?

That is the real, indeed only question for disintergration is inevitable and only a matter of time


BAGHDAD, Oct 5 (Reuters) - A deepening feud between Iraq's Kurdish president and the Shi'ite prime minister has cast doubt on whether their alliance, forged out of convenience nine months ago, will survive beyond elections in December

Iraq Unravels
Juan Cole 10/03/05

Two years ago, Regis Debray warned in an article in Le Figaor "America if you only know".

Now America you do.


The Americans seem to have gotten them­selves into an intractable mess in Iraq. They must now choose between a historical debacle if they hang on and a temporary setback if they let go.

"We cannot leave Iraq before it is stabilized," declared a former CIA officer. But to maintain a prolonged foreign occupation of Iraq is to destabilize it only further. Once the invader departs, there will no doubt be a civil war, which will accelerate the dismemberment of the nation, giving rise to a fundamentalist regime, which will make at least some people miss the era of Saddam.

On the other hand, if the occupation persists, one can foresee a multifaceted terrorist es­calation eating away at U.S. forces and aggravating ethnic and religious divisions. The Americans will bring in reinforcements, including Fijians and Norwegians. They'll talk of the final fifteen minutes and of last gasps. A coup d'etat or uprising will be inspired in Teheran (terrain more favorable to the West than Iraq is) but with irritating repercussions in Najaf, which will be transformed into a base of retreat for vengeful ayatollahs. The Americans will cling to Iraq as "useful" and ensconce themselves inside supposedly unbreachable bastions. Then, as the death toll mounts by the hundreds, the "bring the boys home" movement will spread like an oil slick across the United States, and a new, Democratic administration will make the prudent decision to stop the hemorrhaging when the vital interests of the United States are not at stake. But how many lives will be ruined in the meantime?


avatar Certifiable - Contact the Public Conservator


Bush claimed God told him to invade Iraq, Afghanistan: BBC (AFP) - one hour ago
avatar "Certifiable - Contact the Public Conservator

Bush claimed God told him to invade Iraq, Afghanistan: BBC (AFP) - one hour ago"   And if you believe Bush's story on this one I've got a used horse for you JMACSF.   It's just another fuzzying of the real strategy which is obviously to get muslims blowing up muslims.  We wouldn't want the real strategy to be known now would we?
  I think Dubya is a superb actor, he's got a lot of people confused as to what his real motivation is on this, and this confusion is a part of the strategy.   He's taken lessons from Reagan not only on voodoo economics, but on acting, apparently.   Dubya is a lame duck.  He can afford to look lame if it helps win his war on terrorism.    Most of us know he is an actor anyways, by hearing him lie about domestic issues which piss us off.      
avatar Yo NumbNuts..it wasn't BUSH's STORY..

Can you read?

Read this moron...hey you know Ed Kilgore?

Bring me fresh Marmot Meat..


BRING ME KILGORE....I think the insufferable ass is Episcopalian....so am I..I hear he worked in the USS..so did I

Bring me Kilgore..grunt grunt..what a doofus 

Bush Unraveling

My..my..my..First they refused to comment on private conversations but now from the BBC World Service...This is London calling

WH Denies Bush God Talk



I have long maintained that Bill Clinton is not only far superior intellectually, but morally and emotionally

We're about to have another schadenfreude moment..because Bush ain't seen nuthin yet..

Big Dog shall soon feel his pain


http://news.bbc.co.uk/2/hi/americas/4317498.stm
avatar Hey all you bright folks out there.

Do you know that you are just pawns in mad King Georgie's theater of the absurd???

Iraq Constitution Distributed Amid Attacks

Kilgore excepted

He couldn't find his a== without his Bull Moose and a roadmap


HEELOOOO


This whole damn thing is a farce...

America wake up...take the bull by the tail and look the problem in the face

This country is smack dab in the middle of the greatest strategic disaster in its history.(and has  been for some many months)


The Stay the Coursers and theor Duck n Cover  democrats need to be locked up...

The US is in one hella mess


Get it?
Got it?
Good
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The momentum of events taking us to this point has been clear since very early on--I'd say since we opened fire on the crowd in Tikrit.

The problem isn't tactical.

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If you care about understanding Iraq, I encourage you to read this terrific piece just up on Salon...This book sounds like a must read:

 
http://salon.com/books/review/2005/10/07/packer/index.html

 

 

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Thank you for that link, Hank Essay! That review in itself is a great piece of work; highly recommended.

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p.s. reminds me of this quote I posted elsewhere a couple of days ago:


Ideals are dangerous things. Realities are better. - Oscar Wilde.

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