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RUTGERS LAW RECORD
The Internet Journal of Rutgers School ofLaw | Newark
http: /www.lawrecord.com
Volume 34 Iraq at the Crossroads Spring 2009
Refugees and Legal Reform in Iraq: The Iraqi Civil Code, International Standards for the
Treatment of Displaced Persons, and the Art of Attainable Solutions
Dan E. St gall*
A recent report by Refugees International notes that Iraq is currently faced with one of the most acute
displacement crises in the world.' There are over 5 million Iraqis displaced by violence-2.7 million of
whom are internally displaced within Iraq.2 Such a situation creates not only a humanitarian crisis, but also a
perverse opportunity for insurgents and militia groups to exploit the displacement crisis in order to
legitimize themselves and achieve geo-political goals.3 Consequently, the issue of displacement and the
search for a solution to the current crisis has become a salient issue for military commanders conducting
counterinsurgency operations. As the U.S. Army Field Manual 3-24, Counterinsurgeng, states:
Long-term success in [counterinsurgency] depends on the people taking charge of their own
affairs and consenting to the government's rule. Achieving this condition requires the
government to eliminate as many causes of the insurgency as feasible. This can include
eliminating those extremists whose beliefs prevent them from ever reconciling with the
government. Over time, counterinsurgents aim to enable a country or regime to provide the
security and rule of law that allow establishment of social services and growth of economic
* U.S. Army Judge Advocate (JAG) currently assigned as Special Assistant U.S. Attorney, Eastern District of Virginia,
Department of Justice. J.D., 2000, Louisiana State University Paul M. Hebert Law Center; B.A., 1996, Louisiana State
University. Any opinion expressed is solely that of the author and not necessarily the Department of Defense. This article
began as a working paper for a conference coordinated by the United States Institute of Peace (USIP) in Amman, Jordan and
was further developed for a symposium hosted by the Rutgers Law Record. The author would like to thank both of those
organizations for their contributions to this complex, daunting, yet critically important topic. The author would also like to
thank Professor Haider Ala Hamoudi for taking the time to read the draft of this article and offer his insight.
1 See KRISTELE YOUNES & NIR ROSEN, REFUGEES INT'L, UPROOTED AND UNSTABLE: MEETING URGENT HUMANITARIAN
NEEDS IN IRAQ 1 (Apr. 2008) [hereinafter REFUGEES INT'L], available at
http://www.refugeesinternational.org/sites/default/files/UprootedandUnstable.pdf.
2Id.
3Id.
As part of its assistance programs, the Mahdi Army-Muqtada al Sadr's armed group-also resettles
displaced Iraqis free of charge in homes that belonged to Sunnis. It provides stipends, food, heating oil,
cooking oil and other non-food items to supplement the Public Distribution System (PDS) rations which are
still virtually impossible to transfer after displaced Iraqis have moved to a new neighborhood, though it is
easier for Shiites to do so.
Id. at 3.](ViewImageLocal?handle=hein.journals/rutglr34&div=1&collection=&method=preview&ext=.png&size=3)
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