{"id":3294,"date":"2022-09-07T16:39:09","date_gmt":"2022-09-07T20:39:09","guid":{"rendered":"https:\/\/www.law.georgetown.edu\/human-rights-institute\/?page_id=3294"},"modified":"2025-05-12T14:17:15","modified_gmt":"2025-05-12T18:17:15","slug":"rule-of-law-in-the-context-of-military-interventions","status":"publish","type":"page","link":"https:\/\/www.law.georgetown.edu\/human-rights-institute\/events\/samuel-dash-conference-on-human-rights\/rule-of-law-in-the-context-of-military-interventions\/","title":{"rendered":"Rule of Law in the Context of Military Interventions"},"content":{"rendered":"

In his opening remarks, Thomas Nachbar, decorated veteran and professor at the University of Virginia School of Law, described the two universal truths within the \u201crule of law.\u201d The first is that bringing about the kind of changes represented by the term is very challenging, and the second is that any approach to the rule of law must be a coordinated one. Unfortunately, there are many inhibitors to achieving the coordination required for progress within the rule of law, especially in relation to military interventions. <\/span>\u201cSome of the disagreement is explicit and represents different theories and ideas about how things like the security environment affect your ability to engage in capacity building projects. Some, for instance, might view rule of law as a means to security while others might view security as a means to rule of law.\u201d<\/span><\/i><\/b> Both explicit and implicit disagreements prevent the much-needed progress from being made and pose many questions that require answers in order for steps to be taken.\u00a0 <\/span>\u201cLike many rule of law programs themselves, the ambitions underlying these plans remain largely unrealized. Moreover, it’s yet to be seen what such large-scale changes in how we approach the problem will have on the problem itself.\u201d<\/span><\/i><\/b>\u00a0<\/span><\/p>\n

This year\u2019s Samuel Dash Conference on Human Rights was a collaboration between the Georgetown Law Human Rights Institute, the U.S. Army Judge Advocate General’s Legal Center, and the University of Virginia School of Law. The conference features experts and advocates for human rights both in the United States and around the world. These individuals represent a broad community of thinkers, researchers, writers, government actors, and community activists, and they have come together to forge a clearer understanding of the roles of human rights and the rule of law in the context of military inventions.<\/span>\u00a0<\/span><\/p>\n

Through the three panel discussions and two keynote speeches, our speakers sought to answer critical questions regarding the relationship between military interventions and the rule of law.<\/span><\/p>\n

Panel I<\/span><\/b>\u2013 Military Involvement in Rule of Law Activities: Boots on the Ground<\/span><\/b>\u00a0<\/span><\/h2>\n

Overview<\/h3>\n

\u201cThe whole idea of rule of law and having society governed by law is probably, after security, the most important thing that you need.\u201d \u2013 John Mantini<\/span><\/i><\/b>\u00a0<\/span><\/p>\n

This panel discusses the military operations taking place on the ground and how the organizations engaged in those operations work together in order to execute them. Colonel David Paschal began by discussing his work in Iraq as the commander of the 1st Brigade Combat Team. In addition to the 3,800 soldiers under his command, Col. Paschal fostered a partnership with the Iraqi government that required investigations into the deeper societal issues that impacted security. <\/span>\u201cWe had to address the political, social, and economic means that were fueling the insurgency. What makes a young man or a young woman willing to strap on a bomb and walk into a crowded marketplace and blow themselves\u202fup?\u201d<\/span><\/i><\/b> Speaking about the relationship between the effectiveness of the military in fostering stability within rule of law systems and the culture of the nation, Paschal stated, <\/span>\u201cThe military can only provide the security for the other elements of national power to affect those areas.\u201d<\/span><\/i><\/b>\u00a0<\/span><\/p>\n

When describing the plan to streamline rule of law systems in Iraq, Phillip Carter stated that <\/span>\u201cit was so successful because it wasn’t an American effort, it was an Iraqi effort. We did what we could to ask questions, we engaged our counterparts directly behind closed doors, but ultimately what we wanted to see was them taking the steps.\u201d<\/span><\/i><\/b> As a civilian lawyer who worked with the military in Iraq, Phillip Carter emphasized the importance of civilians \u2013 both from the United States and the host nation \u2013 in the military efforts to successfully improving conditions. Speaking about the importance of organization and planning in rule of law systems, John Mantini said, <\/span>\u201cUnless you have a good plan in place to direct those forces and direct your efforts, what you end up having is people doing a lot of different things in an uncoordinated way.\u201d<\/span><\/i><\/b> William Spencer, an attorney who works for an NGO that is committed to protecting human rights and the rule of law, identified eight different subsections that fall under the rule of law umbrella. <\/span>\u201cThe idea of rule of law is not just law enforcement and rule of law is not just human rights. All of these are all pieces of a bigger holistic process that we need to recognize.\u201d<\/span><\/b>\u00a0<\/span><\/p>\n

Panelists<\/span><\/b>\u00a0<\/span><\/h3>\n

Major Marie Anderson<\/span><\/b> (moderator)<\/strong>, Associate Professor, International and Operational Law, Judge Advocate General’s Legal Center and School\u00a0<\/span>\u00a0<\/span><\/p>\n

Phillip Carter<\/span><\/b>, Associate, McKenna Long & Aldridge<\/span>\u00a0<\/span><\/p>\n

John Mantini, <\/span><\/b>Millennium Challenge Cooperation (substitute panelist for Phil Lynch, the rule of law coordinator in Iraq)<\/span>\u00a0<\/span><\/p>\n

Col. David Paschal<\/span><\/b>, Commander, 1st Brigade Combat Team, 10th Mountain Division<\/span>\u00a0<\/span><\/p>\n

William Spencer,<\/span><\/b> Executive Director, Institute for International Law and Human Rights<\/span>\u00a0<\/span><\/p>\n

Watch the panel and subsequent Q&A session on some of the military activities taking place on the ground and how they impact the rule of law below.<\/span>\u00a0<\/span><\/p>\n