1
00:00:00,950 --> 00:00:09,170
Good evening, everyone, and welcome. Welcome to the Middle East Centre's Friday night seminar series of 74 theatre returns.

2
00:00:09,440 --> 00:00:15,830
Those of you who've been regular attendees will know. But off the air this term has been Iraq.

3
00:00:16,250 --> 00:00:20,270
20 years on from the US invasion of 2003.

4
00:00:20,870 --> 00:00:28,180
We have looked at various topics relating to Iraq over the previous weeks with religion, politics and art.

5
00:00:28,190 --> 00:00:32,600
And today it is the term of law where we can look at the structure of the law.

6
00:00:32,840 --> 00:00:36,860
And to address this, we have a very distinguished speaker.

7
00:00:36,920 --> 00:00:42,920
Indeed, Sir Peter GROSZ is a retired judge of the Court of Appeal in England and Wales.

8
00:00:43,310 --> 00:00:51,200
So Peter was called to the bar graves in in 1977 and became including his counsel in 1992 and 2001.

9
00:00:51,200 --> 00:00:57,350
He was appointed to the High Court, received a knighthood and was assigned to the Queen's bench division,

10
00:00:58,510 --> 00:01:02,690
was senior presiding judge for England and Wales from 2013 to 2015,

11
00:01:03,170 --> 00:01:08,270
and he was the judge for international relations between 2018 to 19,

12
00:01:08,870 --> 00:01:15,889
working extensively internationally on international judicial relations, including working on the Middle East.

13
00:01:15,890 --> 00:01:21,110
And you won't be surprised to hear that it is so Peter's connection to the experience of the Middle East.

14
00:01:21,470 --> 00:01:27,140
So we have invited him here this evening to speak about in 2018 and 2019.

15
00:01:27,380 --> 00:01:34,580
So Peter visited Iraq on the invitation of the president of the Supreme Judicial Council, the chief justice by Sudan,

16
00:01:35,390 --> 00:01:42,350
and supported by the FCDO to help advance the integration of the Iraqi judiciary into the

17
00:01:42,350 --> 00:01:48,050
international judiciary community and also look at issues relating to the rule of law.

18
00:01:49,190 --> 00:01:52,309
Now, this has given us a bit of an extremely valuable perspective.

19
00:01:52,310 --> 00:01:55,640
As you can imagine, all the aspects of Iraq that we sell and see.

20
00:01:56,060 --> 00:01:57,620
And I think throughout this series,

21
00:01:57,620 --> 00:02:06,380
we try to focus on more recent developments as well as those that occurred around 2003 as a number of our speeches and a series of pointed out,

22
00:02:06,770 --> 00:02:10,520
sometimes in overfocus on the events of 20 years ago,

23
00:02:10,910 --> 00:02:17,240
obscure some of them maybe quite important and interesting things that have been happening over the more recent years.

24
00:02:17,780 --> 00:02:24,349
And so we are therefore very grateful to Sir Peter for accepting our invitation to speak about our experiences on such a night.

25
00:02:24,350 --> 00:02:27,890
He will speak on the topic of Iraq 2018 2019.

26
00:02:28,220 --> 00:02:41,750
The Rule of Law A Perspective Peter. Dr. Willis, thank you for the very kind introduction and we're always welcome.

27
00:02:42,770 --> 00:02:52,100
It is an honour and a pleasure to be here at this most prestigious college renowned in the field of international relations.

28
00:02:52,610 --> 00:02:59,540
Let's deliver this lecture. Iraq 2009 to the rule of Law and Respect.

29
00:03:00,260 --> 00:03:11,560
As part of the College's seminar on Iraq 20 years after 2003, I was grateful to Professor Eugene Rogan, director of the Middle East Centre,

30
00:03:11,570 --> 00:03:18,410
the college professor of modern Middle East history at the University of Oxford, for his kind invitation to do so.

31
00:03:20,380 --> 00:03:23,650
I should be clear, the retired judge, if I may be.

32
00:03:23,650 --> 00:03:27,850
But the views expressed in this lecture are personal and my own.

33
00:03:29,110 --> 00:03:31,690
In October of 2017,

34
00:03:32,440 --> 00:03:43,350
thanks to the Fcdo now is and the recently appointed Chief Justice who will finish upholding the President of the Supreme Judicial Council,

35
00:03:43,360 --> 00:03:54,430
the Iraq War Chief Justice Dr. Focussed John Barrasso referred to by way of shorthand the C Jay Z tag, which beats the alternative longer titles.

36
00:03:54,600 --> 00:04:02,650
I was invited as a guest at the annual opening of the Legal Service Club in Jackson.

37
00:04:03,340 --> 00:04:10,719
Representatives of the England and Wales Special Victims Unit into the Wales Judiciary

38
00:04:10,720 --> 00:04:16,510
returned to service at Westminster Abbey and right across the road to Westminster Hall,

39
00:04:17,050 --> 00:04:21,790
wearing their ceremonial frames. The media then take photographs.

40
00:04:22,000 --> 00:04:31,030
The judges in their ceremonial robes say if have been for 30 something days from the days immediately ahead of first class,

41
00:04:31,570 --> 00:04:35,560
someone looking a bit silly, filled with historic.

42
00:04:36,340 --> 00:04:42,100
The ceremony involved judges praying for guidance at the start of the legal year.

43
00:04:42,910 --> 00:04:50,740
Today, it is as much about reaffirming a commitment to the rule of law on the very next day.

44
00:04:51,070 --> 00:04:57,219
Chief Justice Dan met with the recently appointed UK ambassador to Iraq, Mr. John Wilkes.

45
00:04:57,220 --> 00:04:59,830
CMG was over the college's very.

46
00:05:01,180 --> 00:05:11,860
And Mr. Wallace was accompanied by Mr. Mark Thompson, who was in the audience and was at the time just as adviser at the British embassy that day.

47
00:05:12,910 --> 00:05:19,840
Later that day, Chief Justice John Taylor, the bishop, was a number of English judges of whom I was one,

48
00:05:20,440 --> 00:05:24,400
and they liked my interest in the judiciary's international relations work.

49
00:05:25,540 --> 00:05:31,810
Chief Justice Zeidan observed forcefully that he was very impressed with the opening of the legal research.

50
00:05:33,130 --> 00:05:41,260
It demonstrates the respect which the English traditions held, its independence and the importance of the rule of law.

51
00:05:42,700 --> 00:05:45,850
He would organise something similar in Iraq.

52
00:05:46,900 --> 00:05:51,430
I encouraged to not know, of course, whether he would see this through.

53
00:05:52,540 --> 00:05:56,830
He then turned to me and said, And you must come again.

54
00:05:56,840 --> 00:06:01,690
I agreed, dare, I said, wondering whether I would hear anything further.

55
00:06:03,070 --> 00:06:08,560
I should not have doubted Chief Justice Zito's resolve and strength of purpose

56
00:06:09,370 --> 00:06:15,340
or the support that would be forthcoming from Mr. Wilks and Mark Thompson.

57
00:06:17,210 --> 00:06:17,360
Yes.

58
00:06:17,690 --> 00:06:29,150
Over three months later, in January 2018, together with two judicial colleagues and supported by Mr. Ben from the Judicial Office and Independent.

59
00:06:30,470 --> 00:06:34,520
THOMPSON Mr. Yallop, based here, which is very useful when it comes to questions,

60
00:06:36,170 --> 00:06:48,590
I found myself in Baghdad attending the inaugural Iraqi Judiciary Day, a first for Iraq, and as I understand it, for the region.

61
00:06:49,730 --> 00:06:56,060
A year later, my colleagues and I returned to Baghdad for the 2019 Judiciary Day.

62
00:06:56,600 --> 00:07:06,080
This time on a visit including Amman in Jordan and my attendance at the two Iraqi judiciary journalists

63
00:07:06,650 --> 00:07:14,120
comprised two of the proudest and most humbling days I experienced in 18 years as an English judge.

64
00:07:15,530 --> 00:07:18,610
Proud because of the honour sharing the English judiciary.

65
00:07:19,280 --> 00:07:27,020
I'm here because that's all reflected and wider and enduring here for the rule of law.

66
00:07:27,450 --> 00:07:35,840
To get here with the good governance underpinnings of which the reputation of our English judiciary was invested.

67
00:07:36,920 --> 00:07:40,520
This visit also demonstrates the success.

68
00:07:42,380 --> 00:07:47,960
Of judge to judge, peer to peer, international judicial diplomacy or engagement,

69
00:07:48,410 --> 00:07:54,230
which for convenience, I look forward to just more of those two days prison.

70
00:07:55,370 --> 00:08:01,060
But they provide the focal points for the. In which I seek to explore screening questions.

71
00:08:02,510 --> 00:08:05,540
The first is progress in the Iraqi judicial system.

72
00:08:06,220 --> 00:08:12,930
Post 2003. The second the contribution made by judicial engagement.

73
00:08:13,710 --> 00:08:28,200
The third institutionalising. A focus on recent public decades should not result in overlooking the history of the judiciary in Iraq.

74
00:08:28,740 --> 00:08:35,880
Goes back to ancient times to 4500 B.C., when it said the first post in.

75
00:08:36,410 --> 00:08:44,710
It was established in the city of Perth and the law was enacted perhaps the oldest law.

76
00:08:46,700 --> 00:08:57,770
That told us preceded the rugby storm by about 350 years itself of an 800 page contained in its famous legal.

77
00:08:58,480 --> 00:09:06,860
This is one of the most important historical artefacts from Mesopotamia because of instead as the first

78
00:09:06,860 --> 00:09:14,990
known written legal document and the guidance provided for life in the Iraqi civilisation of its time.

79
00:09:16,270 --> 00:09:20,960
What therefore, we are discussing the rule of law or the Iraqi judiciary.

80
00:09:21,680 --> 00:09:31,340
It is right to acknowledge the historical roots and tradition as the cradle of civilisation for which Iraq had been justifiably proud,

81
00:09:31,910 --> 00:09:36,080
and for which today's Iraqi tradition can draw strength.

82
00:09:37,670 --> 00:09:47,660
In the more immediate past, it has to be recognised that the rule of law was essentially defunct under Saddam Hussein prior to 2003.

83
00:09:48,830 --> 00:10:00,170
The judiciary was part of the U.S. attempt, it could not be meaningfully described as independent of the executive or freed from in his experience.

84
00:10:01,630 --> 00:10:08,930
Many developments as 2003 are undoubtedly controversial for the time being will remain.

85
00:10:10,480 --> 00:10:17,740
However, the measures of the Coalition Provisional Authority undoubtedly gave a boost to the independence of the judiciary,

86
00:10:18,430 --> 00:10:26,530
including the re-establishment of the Council of Judges and its independence from the Ministry of Justice.

87
00:10:27,890 --> 00:10:33,830
As can now be seen. The Iraqi judiciary operates on a constitutional basis.

88
00:10:34,490 --> 00:10:38,090
Emphasising its independence from Parliament and the executive.

89
00:10:38,790 --> 00:10:46,650
Added two separate parts. Articles 8788 of the new 2005.

90
00:10:47,390 --> 00:10:55,370
You are expressed in unequivocal terms. Postulate said the judicial power is independent.

91
00:10:56,090 --> 00:11:05,450
The courts and their various types and levels shall assume an issue decisions in accordance with Article 88.

92
00:11:06,200 --> 00:11:11,810
Judges are independent and there is no authority over this except for the law.

93
00:11:12,560 --> 00:11:17,780
No powers should have the right to suspend the judiciary and the affairs of justice.

94
00:11:18,620 --> 00:11:25,300
Duchess of Cambridge. Hospitals furthermore lower than the 45 2017.

95
00:11:25,850 --> 00:11:35,030
The Supreme Judicial Council law stipulated that the Supreme Judicial Council be established with financial administration.

96
00:11:35,410 --> 00:11:44,080
Independence was always issued on the 23rd of January 2017 and unsurprisingly, 23.

97
00:11:44,080 --> 00:11:49,870
January is the date fixed annually for celebration of the work of the Iraqi judiciary.

98
00:11:52,150 --> 00:11:54,190
Under the leadership of Chief Justice,

99
00:11:55,330 --> 00:12:06,490
The increasing role played by the Iraqi judiciary in the life of the state is a next event for an institution which had not previously enjoyed.

100
00:12:09,130 --> 00:12:15,760
The judiciary's inbox is daunting extending to terrorism, corruption, drugs,

101
00:12:16,360 --> 00:12:23,910
public order and a new 2022 code of Judicial conduct designed to enhance judicial oversight.

102
00:12:25,210 --> 00:12:33,010
The judiciary's role in election monitoring is particularly striking, demonstrating increased public confidence.

103
00:12:34,990 --> 00:12:39,100
Likewise noteworthy was the Supreme Judicial Council's decision.

104
00:12:39,800 --> 00:12:44,540
To suspend its work when demonstrations attempt to occupy its building.

105
00:12:45,110 --> 00:12:49,490
A suspension, as I understand it meant until the demonstrations.

106
00:12:51,630 --> 00:13:02,370
We are in England and Wales extremely fortunate that traditional personal security has not generally given rise to life threatening risk.

107
00:13:02,970 --> 00:13:05,230
Sadly, the same cannot be said.

108
00:13:06,960 --> 00:13:18,900
By contrast, judicial duties are performed in Iraq against a background of 75 years of the roster of judges in Iraq's recent turbulent history.

109
00:13:20,290 --> 00:13:27,870
As it seems to be, whatever reservations might. This is demonstrable progress in the Iraqi justice.

110
00:13:28,770 --> 00:13:37,110
April 2003. Especially in the context of the last 30 to 40 years of Iraq.

111
00:13:37,650 --> 00:13:41,490
Realistically, such progress and reforms take time.

112
00:13:42,210 --> 00:13:45,320
Overnight parts of. He's not to be.

113
00:13:48,770 --> 00:13:51,530
What links the United Kingdom and Iraq?

114
00:13:52,160 --> 00:14:01,790
Well, more specifically, for this evening's purposes, the English judiciary and the Iraqi professor Reagan's magisterial work,

115
00:14:01,910 --> 00:14:09,830
The Arabs history traces the history of UK involvement with Iraq from its post-World War II origins.

116
00:14:10,520 --> 00:14:18,710
More specifically, coming to 2008, Iraq was a priority interest of the Majesty's Government in trade,

117
00:14:18,890 --> 00:14:24,350
with a view to combating Daish and other threats to the United Kingdom's national security.

118
00:14:25,070 --> 00:14:31,460
Together with a wider interest in seeing Iraq make the transition to a more stable,

119
00:14:31,610 --> 00:14:37,100
prosperous and democratic times with accompanying trade and other benefits.

120
00:14:38,150 --> 00:14:44,810
Any such transition is to put it at extremely difficult without a functioning justice system.

121
00:14:45,490 --> 00:14:52,280
Yes, that explains why Iraq was a priority for the United Kingdom in 2008.

122
00:14:53,120 --> 00:15:00,529
We should next fight to make the international state of the English judiciary's interests and

123
00:15:00,530 --> 00:15:08,750
activities installed in London as a centre for international dispute resolution of world leaders.

124
00:15:09,800 --> 00:15:13,670
The English judiciary is pivotal to the English law.

125
00:15:13,790 --> 00:15:19,369
Read It enjoys rightly, but not in modesty or complexity.

126
00:15:19,370 --> 00:15:25,670
In my view, the highest reputation acted so firmly as it is in the rule of law,

127
00:15:27,200 --> 00:15:33,319
with in terms of aspect of soft power or of global question, the standing of English law,

128
00:15:33,320 --> 00:15:45,350
and to assist both in the export of the United Kingdom's core values to which the rule of law is fundamental and the value of the duties exports,

129
00:15:46,430 --> 00:15:50,240
even in purely financial terms, that value is considerable.

130
00:15:51,230 --> 00:16:02,450
Recent figures suggest that the UK legal services sector generates a trade surplus of £5.9 billion in 2019.

131
00:16:03,590 --> 00:16:10,969
That is, do not in the present cruelty justice expressed in the rule of law and indeed still have a kitchen

132
00:16:10,970 --> 00:16:18,680
value then well beyond the value of the legal services for the legal sector enormously as it is.

133
00:16:20,340 --> 00:16:31,960
Indeed. It could probably be that. But English law underpins hundreds of millions of pounds of annual business activity in the UK and internationally,

134
00:16:32,450 --> 00:16:39,950
extending far beyond the value in significant part stemming from the independence of

135
00:16:39,950 --> 00:16:46,340
the judiciary and the robust and fair way in which the English legal sector operates.

136
00:16:47,410 --> 00:16:53,560
Financial considerations are, of course, only in the past the causal properties of the picture.

137
00:16:56,070 --> 00:17:06,780
Having separate I have as to the English judiciary. It remains necessary to ask why were English judges in Baghdad and elsewhere in the region?

138
00:17:07,890 --> 00:17:13,020
The primary role of an English judge is, after all, to hear applications,

139
00:17:13,230 --> 00:17:20,070
trials or appeals court in England and to give rulings or judgements in the individual case.

140
00:17:21,030 --> 00:17:30,870
The reality, however, is that judicial duties extend well beyond the court, including judicial leadership roles and international relations.

141
00:17:32,010 --> 00:17:39,120
The umbrella under which the English judiciary and judiciary international relations controlled

142
00:17:39,120 --> 00:17:46,800
is described as promoting or enhancing the rule of law as expressed by the Judicial Office.

143
00:17:47,220 --> 00:17:54,770
Promising respect for the rule of law and the independence of the judiciary is a focal point of our judiciary as well.

144
00:17:55,950 --> 00:17:59,890
There are obvious constraints on Internet. Judicial engagement.

145
00:18:00,770 --> 00:18:08,630
First judges are scarce resource. Their absence from the courtroom always requires justification.

146
00:18:09,500 --> 00:18:13,700
You should be trying to practice what we do in front of the court. You need.

147
00:18:15,310 --> 00:18:18,730
Something of sufficient interest or importance to justify.

148
00:18:19,780 --> 00:18:24,970
Second, the judiciary has a very small budget for international judicial.

149
00:18:26,660 --> 00:18:33,350
Third, some engagements entail an acute consideration of reputational risk.

150
00:18:34,190 --> 00:18:39,170
Unless judicial engagement is confined to relationships with those states,

151
00:18:39,560 --> 00:18:47,360
as in the United Kingdom is already fully aligned on all of those questions and there is limited value in engaging.

152
00:18:48,320 --> 00:18:56,050
Once the judiciary ranges outside that comfort set, a balance must be struck between the benefits,

153
00:18:56,070 --> 00:18:59,650
engagement and the reputational risk shifting and role.

154
00:19:00,710 --> 00:19:08,480
The benefits of judicial engagement in the right circumstances are however considerable and need to be appreciated.

155
00:19:08,630 --> 00:19:16,460
Asylum seekers should. The English judiciary constitutes the independent third branch of the state.

156
00:19:16,820 --> 00:19:22,549
The other is, of course, being part of it, since it follows those in the conduct of judiciary.

157
00:19:22,550 --> 00:19:26,720
International relations Judges are independent of the executive.

158
00:19:27,590 --> 00:19:33,380
Indeed, the value of judicial engagement in this would be lost word otherwise.

159
00:19:34,250 --> 00:19:45,110
That said, this is not for the judiciary to engage in freelancing on foreign policy so that when engaging with the foreign judiciary and judges,

160
00:19:45,110 --> 00:19:55,040
while preserving their interest when necessary, liaise closely with the US, the value added by judicial engagement.

161
00:19:55,810 --> 00:20:06,310
Foreign relations is found in the potential of [INAUDIBLE] for tat judge to judge judicial engagement and the words of the judicial office.

162
00:20:07,180 --> 00:20:15,190
There is a unique value in judges talking to each other, sharing the experience and developing the thinking together.

163
00:20:15,910 --> 00:20:24,580
Countries prosperity and security are enhanced by supportive judicial systems, individual rights and the rule of law.

164
00:20:25,870 --> 00:20:30,780
Bringing together judges from different states as advantages and.

165
00:20:31,680 --> 00:20:35,340
Comparable to, for instance, military to military engagement.

166
00:20:36,150 --> 00:20:43,050
There is an immediate common ground and a readiness to engage, judge to judge, which cannot be assumed.

167
00:20:43,530 --> 00:20:50,100
When observe, it might be UK officials and their national eminent with the foreign judiciary,

168
00:20:50,220 --> 00:20:56,200
and that the best initiative to seize that the approach of the English judiciary.

169
00:20:57,120 --> 00:21:03,000
There. She is always to share the experience with those interested in engagement.

170
00:21:03,720 --> 00:21:09,990
It is never to lecture or pontificate. And we have no monopoly on good ideas.

171
00:21:10,890 --> 00:21:20,850
The decision to engage and the decision whether or not to act on the idea has emerged from such conditional engagement for the host country,

172
00:21:21,660 --> 00:21:25,130
for the engagement to be sustainable elsewhere.

173
00:21:25,530 --> 00:21:27,720
There must be mutual benefits.

174
00:21:29,770 --> 00:21:40,330
Summarising, which is the rule of law context fundamental to the United Kingdom's core values that the 2018 2019 visits to Iraq.

175
00:21:40,670 --> 00:21:48,970
What we see while of course, the English tradition cannot be everywhere in courses attached to Iraq by the United Kingdom,

176
00:21:49,630 --> 00:21:53,680
provided an article justification for these visits.

177
00:21:57,330 --> 00:22:04,200
Turning to the 2008. Various features remain indelibly in my memory.

178
00:22:05,220 --> 00:22:15,930
First, the respect and warmth of our welcome from the Iraqi Supreme Judicial Council, led by Chief justice, is done on a personal level.

179
00:22:15,960 --> 00:22:19,140
I'm proud to say that force continues to this day.

180
00:22:19,800 --> 00:22:27,420
But the welcome reflected more than personal chemistry. First, of course, it is personified by Chief justice.

181
00:22:28,290 --> 00:22:35,369
It reflected a deep desire to move away from the topics of past decades and to

182
00:22:35,370 --> 00:22:40,800
look to a future in which the rule of law would underpin improved governance.

183
00:22:42,930 --> 00:22:49,590
Representative of the U.S. judiciary at a very senior level and through its world class reputation in attendance,

184
00:22:49,680 --> 00:22:58,860
my colleagues and I demonstrated a powerful support for this year's Human Rights Commission has already displayed pride

185
00:22:58,860 --> 00:23:06,930
and humility with concurrent populations for us as guests of honour at this first half a century inspired by the English.

186
00:23:09,380 --> 00:23:16,040
Exchanges characterised by openness and importantly trust were the natural consequence.

187
00:23:16,750 --> 00:23:20,080
Of direct judicial judge. Judge.

188
00:23:22,200 --> 00:23:27,360
Second, the Iraqi day of the judiciary was as moving as it was inspiring.

189
00:23:28,410 --> 00:23:37,020
The pageantry alone was impressive, involving a parade of hundreds of judges, but an important speech by Chief Justice C.J.

190
00:23:39,130 --> 00:23:42,940
Symbolism, elevating the judiciary in a society.

191
00:23:43,090 --> 00:23:51,290
Until recently, the rule of law was defunct and the judiciary, lacking in prestige together, was highlighting the.

192
00:23:52,070 --> 00:23:59,030
It was even more sad, not least having with the loss of life suffered by his.

193
00:24:00,910 --> 00:24:05,950
Some idea of the nature of the events we attended in 2018/19.

194
00:24:06,280 --> 00:24:13,930
And this year the state judiciary, which could not attend, can be obtained with photographs, which I will now take a minute to say.

195
00:24:15,520 --> 00:24:20,030
They to ask for assistance or heaven knows what to do with.

196
00:24:20,410 --> 00:24:30,870
The first one is, in fact, this year staff for Judiciary ceremony very kindly sent to me by Mark Thompson, by Chief Justice Cedar,

197
00:24:31,630 --> 00:24:40,180
and you will see the formal nature of the parade and the robe judges in due course as we go through the next few slides.

198
00:24:41,690 --> 00:24:45,410
There of the judges robed and parading. It's very smart.

199
00:24:46,460 --> 00:24:50,720
It's very enjoyable. And it's also very serious and very moving.

200
00:24:52,430 --> 00:24:56,960
We will let female judges feature more and more on each occasion.

201
00:24:57,770 --> 00:25:00,950
And then there is the chief justice.

202
00:25:01,580 --> 00:25:04,730
And that is in honour of the judges who have died.

203
00:25:05,630 --> 00:25:10,310
And annually, Chief Justice makes an important speech on this occasion.

204
00:25:11,500 --> 00:25:20,980
No, the final one is something I'll get to come to you. And that's the signing ceremony in the Foreign Office, which I will talk to you about.

205
00:25:21,730 --> 00:25:29,590
The Chief Justice is the Permanent Under-Secretary of the Foreign Office, Senior Legal Adviser, Thomson.

206
00:25:30,160 --> 00:25:33,490
And at least two of us who were on the visit.

207
00:25:35,290 --> 00:25:40,420
Let me not leave out Hammurabi. Taking a step a few years back.

208
00:25:42,710 --> 00:25:48,580
We'll come back to the others in a bit. Yeah, it's a good break. I hope that gives.

209
00:25:48,890 --> 00:25:57,240
That's the primary reason, Shane. The nature of the ceremony, its solemn nature, and its importance symbolically.

210
00:25:59,210 --> 00:26:05,600
Further features of our 2008 and 2099.

211
00:26:05,600 --> 00:26:14,240
Based on our visit, top security was essential and we benefited from it while essentially confined to the Greens.

212
00:26:15,500 --> 00:26:26,860
A reminder for us of the constant pressures on the overwhelming majority of the Iraqi judiciary who cannot live their lives in full swing.

213
00:26:26,930 --> 00:26:30,800
And I shall come back to this. The conditions for a successful year.

214
00:26:31,310 --> 00:26:43,300
We're all satisfied. Chief Justice provided the host country, each giving strong and warm support, as did others in Iraq.

215
00:26:43,600 --> 00:26:50,710
This will be met equally through Her Majesty's Ambassador and Mark Thompson and their embassy colleagues.

216
00:26:51,280 --> 00:27:00,000
We have the fullest support of the embassy, Mark Thomson being the operational lead, and without that support, our work could not be.

217
00:27:00,500 --> 00:27:07,730
Today, Russia's foreign aid agencies ambassador was very visible in 40 suitable continents today,

218
00:27:07,740 --> 00:27:13,820
with the judiciary certainly referencing the strength of the relationships he.

219
00:27:18,750 --> 00:27:24,830
Coming next to the 2019 inches everything is said about the 2018 days.

220
00:27:24,840 --> 00:27:28,140
It continues to climb with the qualification.

221
00:27:28,760 --> 00:27:34,560
At least at that point in time. The security positions struck us as a little more relaxed.

222
00:27:35,160 --> 00:27:40,230
They have been down to six and again, we enjoyed police protection throughout.

223
00:27:41,130 --> 00:27:46,620
There were, however, additional important features of the 2009 visit.

224
00:27:47,280 --> 00:27:55,650
To which I next turn to Guinness to visit commenced in Amman, Jordan, where we engaged with the Jordanian judiciary,

225
00:27:56,130 --> 00:28:03,330
including His Excellency the Chief Justice and the Justice Ministry, much assisted by Her Majesty's.

226
00:28:04,740 --> 00:28:14,840
Applauded at the time and the excellent, excellent deputy commissioner for resolving judicial engagements in Jordan was itself of great interest.

227
00:28:15,480 --> 00:28:22,470
Extended discussion of delays and appeals and the relationship between judiciary and the legal profession.

228
00:28:23,430 --> 00:28:31,860
In the event Chief Justice Jordan Douglas attended the 2019 Iraqi judiciary as a guest of honour.

229
00:28:32,940 --> 00:28:39,060
A notable feature of this second visit was the prominence of women judges in Iraq.

230
00:28:39,530 --> 00:28:50,030
We've seen something. In the more recent cases and of whom we mentioned a significant number and the impressive chair of the Iraqi Bar Association.

231
00:28:50,570 --> 00:28:57,170
This and another. Forward, outward looking and anxious to raise standards.

232
00:28:58,010 --> 00:28:58,700
Additionally,

233
00:28:59,210 --> 00:29:10,400
our visit took us from Baghdad to Erbil and more engagement with the KRG judiciary to the full support of the KRG government at the highest level.

234
00:29:12,530 --> 00:29:17,510
This is not a travelogue having outlined visits in their context.

235
00:29:17,930 --> 00:29:25,550
Let me turn next to the mutual benefits benefits for both the United Kingdom and Iraq arising from these visits.

236
00:29:26,210 --> 00:29:29,780
There are a number which I endeavour to summarise as follows.

237
00:29:30,740 --> 00:29:42,640
First. So this is at the very senior level, already described, affirmed the UK as the Iraqi judiciary's trusted international top choice.

238
00:29:43,720 --> 00:29:52,000
Tangible results flow from this development, including an openness to respect for guidance and advice, the provision of training,

239
00:29:52,600 --> 00:30:01,690
enhancing bilateral cooperation on counterterrorism measures, and promising a better understanding of the workings of the Iraqi justice system.

240
00:30:02,270 --> 00:30:06,960
Extending the rotating acknowledgements of the importance of Transparent.

241
00:30:07,420 --> 00:30:11,650
Is this compliance with fundamental human rights principles.

242
00:30:12,740 --> 00:30:13,280
Secondly,

243
00:30:13,880 --> 00:30:25,460
play from these visits the signing on 2nd October 2019 of a memorandum of understanding between the FCO through the Permanent Under-Secretary.

244
00:30:25,700 --> 00:30:31,590
Lord McDonald's and the Iraqi judiciary represented by Chief Justice John.

245
00:30:32,350 --> 00:30:42,340
Securing cooperation, promotion of bilateral engagements and knowledge sharing together with the provision of capacity and policy opportunities.

246
00:30:43,240 --> 00:30:49,360
Again, the prestigious nature of the signing ceremony as of Thursday, which I've already scheduled.

247
00:30:49,840 --> 00:30:54,310
It's actually a convenient one. Five h. Yes, me. If you did not.

248
00:30:57,110 --> 00:31:06,290
And this before we move on from it, this is a photo of the eyes of 2018/19 ceremony.

249
00:31:06,530 --> 00:31:10,160
I think it may be the 2008 the first ceremony.

250
00:31:10,940 --> 00:31:14,120
And you can see its nature looked very much the same.

251
00:31:14,600 --> 00:31:21,770
Did you see that part of our visit, specifically in a speech to women judges in the Iraqi system?

252
00:31:22,130 --> 00:31:26,450
And we did that together with our ambassador who is standing.

253
00:31:28,620 --> 00:31:34,950
That she's meeting Chief Justice and being received by him in the Supreme Judicial Council Building.

254
00:31:36,550 --> 00:31:45,670
And that is the end. So said Chief Justice.

255
00:31:45,670 --> 00:31:49,120
Even untie my case on behalf of the Chief Justice,

256
00:31:49,720 --> 00:31:57,400
signed a letter of exchange for cooperation between the judiciary of England and Wales and the judiciary of Iraq,

257
00:31:58,030 --> 00:32:04,059
as that legislation was intended to be symbolic of this friendship between the judiciaries

258
00:32:04,060 --> 00:32:12,160
and to demonstrate the mutual determination of both judiciaries to share best practice.

259
00:32:12,700 --> 00:32:25,120
Looking ahead to shape society based on law and the rule of law, the aims underlying business of the country while protecting individual rights.

260
00:32:25,130 --> 00:32:29,950
The security to providing a secure foundation for.

261
00:32:31,350 --> 00:32:38,220
Three. Strengthening efforts to combat corruption for supporting the fight against terrorism.

262
00:32:38,940 --> 00:32:44,970
Five. Recognising the strides achieved and intended by women in the judiciary.

263
00:32:47,030 --> 00:32:52,879
That the fulfilment of such aspirations takes time and is unlikely to proceed without bumps in the

264
00:32:52,880 --> 00:32:59,900
road is not in any way diminish the importance of direction established by these declarations.

265
00:33:00,590 --> 00:33:07,580
The current movement, This Memorandum of Understanding provides of this foundation for future cooperation.

266
00:33:09,160 --> 00:33:16,090
Fulfilling the visit became well known in the region, enhancing the standing of the Iraqi judiciary.

267
00:33:17,240 --> 00:33:22,700
Chief Justice Zeidan took the lead in inviting regional counterparts from over regiments.

268
00:33:22,880 --> 00:33:30,260
Chief Justice Jordan the second. And I understand the subsequent Iraqi Day of the Judiciary Service.

269
00:33:31,040 --> 00:33:36,649
Furthermore, the visits resulted in a subsequent London dinner and important tonight attended

270
00:33:36,650 --> 00:33:43,070
by Chief Justice with his Chief Justice counterparts from Jordan and Qatar.

271
00:33:44,540 --> 00:33:53,390
50. If this facilitated the integration of the Iraqi judiciary in international judicial structures,

272
00:33:53,870 --> 00:33:57,530
they should be standing at this national forum of commercial courts.

273
00:33:58,280 --> 00:34:02,510
Iraq has been a regular attender since 2008.

274
00:34:04,490 --> 00:34:08,880
Utilising this platform. At the most recent Suffolk meeting,

275
00:34:08,930 --> 00:34:19,550
Sydney Chief Justice John Smith spoke of the formation of Independent Commission reports from 2002 in keeping with Iraq,

276
00:34:19,580 --> 00:34:22,790
opening its economy to the world. And in accordance with.

277
00:34:23,530 --> 00:34:34,590
One of the theme of 2006, and he took the opportunity to underline Iraq and ratify the New York convention, which is fundamental to.

278
00:34:35,220 --> 00:34:43,170
Opposition to No one up to 14 of 2021 said that that conviction is not enforced in Iraq.

279
00:34:44,550 --> 00:34:51,030
61. This is been followed by a significant expansion of the roles of women in the judiciary,

280
00:34:51,540 --> 00:34:56,609
including the establishment with the chief Justice and strong support of the

281
00:34:56,610 --> 00:35:01,560
Iraqi Association of Women Judges and with the United Kingdom's assistance.

282
00:35:02,060 --> 00:35:10,280
It's membership of the International Association. A women judges as the Iraqi chapter believed to be the first region.

283
00:35:11,350 --> 00:35:16,570
In his Sydney simple speech, Chief Justice alluded to the fact.

284
00:35:17,280 --> 00:35:23,250
The judiciary in Iraq currently has the highest number of female judges in its history,

285
00:35:23,730 --> 00:35:29,610
including a female judge, pending the commercial court in Baghdad and the financial services court.

286
00:35:30,540 --> 00:35:37,980
It was additionally noteworthy that, as mentioned, the head of the Iraqi Bar Association at the time of.

287
00:35:40,290 --> 00:35:43,620
Alarming. The first woman to be important to that role.

288
00:35:45,010 --> 00:35:51,850
74% saw an improvement in the relationship between the Iraqi judiciary and the Iraqi bar,

289
00:35:52,480 --> 00:35:58,690
a vital relationship which continues today dedicated to healing considerable room for improvement.

290
00:35:59,620 --> 00:36:07,180
As emphasised by the trust, understanding and engagement between judiciary and Bar are the first important.

291
00:36:07,620 --> 00:36:19,479
To the justices. It's the second visit involving the two stipulation engagement between the courts in Baghdad and the semi-autonomous KRG.

292
00:36:19,480 --> 00:36:26,110
In addition to that visit system and the arrangement of a meeting between the Iraqi Bar Association

293
00:36:26,530 --> 00:36:32,860
and the Kurdish Bar Association facilitated an agreement between those two associations.

294
00:36:33,440 --> 00:36:41,360
As lawyers practising rights within the disputed internal territories, an agreement again supported by the Chief Justice.

295
00:36:44,060 --> 00:36:52,850
916 assisted with the increased importance and improved prominence of the Iraqi judiciary in the life of the nation.

296
00:36:53,630 --> 00:37:00,440
Thus, in recent years, the judiciary is and has already become a significant role as an election monitoring.

297
00:37:00,920 --> 00:37:09,140
Along with issue decisions relating to territorial disputes, including importantly, the Territory independence referendum.

298
00:37:10,220 --> 00:37:10,790
Furthermore,

299
00:37:10,790 --> 00:37:21,290
the visit provided the springboard for encouraging the Iraqi judiciary to publicise its work and decisions extending to English language website.

300
00:37:23,100 --> 00:37:27,450
It must be recognised several times describing his work in progress.

301
00:37:28,110 --> 00:37:37,620
There is unfinished business that does not detract from the accomplishments I sought to highlight, but it is a reminder of the work still to be done.

302
00:37:38,580 --> 00:37:45,150
My impression from the outside, I know beating you up to my regret since 2019 is that corruption,

303
00:37:45,180 --> 00:37:51,600
terrorism has pierced very much, including judicial security remain on the scene.

304
00:37:52,500 --> 00:37:54,360
These are obviously great advances.

305
00:37:55,020 --> 00:38:05,670
Petitioning the Iraqi courts based in Baghdad and General, have been faced with a range of terrorism cases since the rise and fall of dice.

306
00:38:06,510 --> 00:38:10,390
Inevitably, international observers will scrutinise critically.

307
00:38:10,910 --> 00:38:12,710
The fairness of these procedures.

308
00:38:13,850 --> 00:38:23,730
Moreover, the access, openness and dialogue between the UK judiciary and the Iraqi judiciary was forged by first dates.

309
00:38:24,470 --> 00:38:28,670
I do have a concern as to what happens when individuals move on.

310
00:38:29,360 --> 00:38:35,270
Highlighting, to my mind, is one of the most important and as yet unfulfilled requirements.

311
00:38:36,790 --> 00:38:41,680
Institutionalising judicial engagement for the future in Iraq.

312
00:38:42,100 --> 00:38:49,360
It is my hope that the problems of corruption and terrorism will be successfully confronted so that the Iraqi courts

313
00:38:49,360 --> 00:38:57,010
can truly prioritise the development of law making international standards to support investment and prosperity.

314
00:38:57,910 --> 00:39:05,620
It is a long road, but the Iraqi judiciary has set a course which is to follow as an outside observer community,

315
00:39:05,620 --> 00:39:08,710
wish it well and endeavour to provide support.

316
00:39:09,460 --> 00:39:15,080
The alternative to cuts to spare. The word and the wider region.

317
00:39:15,560 --> 00:39:20,930
You do not need me to underline the importance of the Gulf region and the Middle East generally to the UK.

318
00:39:21,560 --> 00:39:27,600
Nor could anyone reading this. Fail to be struck by the importance attached to law.

319
00:39:28,620 --> 00:39:35,100
Yes. I mean, all this is just in the statecraft of the region here, as elsewhere.

320
00:39:35,160 --> 00:39:39,000
International law and justice, regardless of.

321
00:39:39,910 --> 00:39:50,290
Things. International commerce requires, or at least benefits greatly from courts and laws in which international investors can place confidence.

322
00:39:51,340 --> 00:40:03,070
Noteworthy developments include If I will be forgiven, shorten the financial freeze and in Dubai, the GFC, which are dropped in Qatar and Abu Dhabi.

323
00:40:04,060 --> 00:40:12,430
It would be unwise, first of all, to fail to grasp that law reform is very much part of the major reform process

324
00:40:12,850 --> 00:40:17,680
underway in the Kingdom of Saudi Arabia under the rubric of Vision 2030.

325
00:40:19,030 --> 00:40:21,280
With such developments in neighbouring states,

326
00:40:21,820 --> 00:40:29,830
the importance of the gains made in Iraq and the justice sector following in 2003 should not be undervalued.

327
00:40:31,140 --> 00:40:36,370
We now like to pull the threats together in some confusion. One.

328
00:40:37,050 --> 00:40:42,360
It has been demonstrable and impressive progress in the Iraqi justice system.

329
00:40:42,750 --> 00:40:44,220
Since 2003.

330
00:40:45,250 --> 00:40:58,450
Two judicial engagement in and resulting from the 2018 2019 business has made an appreciable and significant contribution to such progress.

331
00:40:59,450 --> 00:41:04,280
Three. There remains the need to institutionalise judicial engagement.

332
00:41:05,210 --> 00:41:08,420
May I elaborate briefly on each? First?

333
00:41:09,120 --> 00:41:13,500
As to past 2003 progress in the Iraqi justice system.

334
00:41:13,920 --> 00:41:21,540
There is a very long way to go. But there should be no gainsaying the demonstrable and impressive prejudice made since the.

335
00:41:22,620 --> 00:41:31,199
So anxious as to avoid overstating the contribution made to such prejudice through judicial

336
00:41:31,200 --> 00:41:40,050
engagement in and resulting from the 2018 2009 visits was appreciable and significant.

337
00:41:40,950 --> 00:41:46,770
This was indeed a significant initiative generating the results already outlined.

338
00:41:47,490 --> 00:41:51,910
It was, if I may say, to say, the antithesis of a mere one of judicial.

339
00:41:51,930 --> 00:41:58,970
Social. I acknowledge at once the qualifications to be married, says Keith Spent.

340
00:42:00,280 --> 00:42:05,140
But this is for short necessarily finishing snapshots at different times.

341
00:42:06,630 --> 00:42:12,630
The visits did not transform my colleagues or me into Iraqi experts or diplomats.

342
00:42:13,350 --> 00:42:23,070
The credit for the stage of bilateral relations between the UK and Iraq belonged to the UK professional diplomats and the Iraqi counterparts.

343
00:42:23,910 --> 00:42:33,690
The gains achieved in the Iraqi judicial system are primarily due to the wisdom, skill and determination of the Iraqis and by Chief Justice.

344
00:42:34,950 --> 00:42:42,450
All this is accepted as a concern. If you set the judicial engagement in the course of and resulting from the visits,

345
00:42:43,020 --> 00:42:50,340
stupidities and facilitation, the developments I have described and to my mind illustrates.

346
00:42:51,610 --> 00:42:58,900
Which can be achieved by judicial diplomacy or judicial engagement in the right circumstances.

347
00:42:59,920 --> 00:43:09,579
And as I sought to outline the conditions for success by having an enlightened, a dynamic leader, Chief Justice, for instance,

348
00:43:09,580 --> 00:43:15,459
that the reforms and advances I have outlined the fullest support from an advanced and

349
00:43:15,460 --> 00:43:21,190
skilled ambassador and a key adviser on the ground to this extent is a case study.

350
00:43:21,340 --> 00:43:30,270
In that regard. Firstly, there remains the need to institutionalise judicial engagement by voting.

351
00:43:30,340 --> 00:43:35,410
This is a missing link which I continue to have for some time and.

352
00:43:37,370 --> 00:43:42,379
Within the judiciary, with the strong support of the president for talking out the law,

353
00:43:42,380 --> 00:43:47,330
chief justice, and the involvement of excellent individuals, including in key roles.

354
00:43:47,780 --> 00:43:53,170
Much thought has been given to the strategic development of international judicial engagement.

355
00:43:53,970 --> 00:44:05,260
In straight sets, the chief Justice, all the individuals closely involved in the business of whom I've spoken and moved on judicial

356
00:44:05,260 --> 00:44:12,250
engagement solely based on individuals is bound to be vulnerable with both the judicial and the EFCC,

357
00:44:12,910 --> 00:44:17,620
and if it is sought to stay in the gains to be made from judicial.

358
00:44:18,650 --> 00:44:27,710
An institutional structure for the U.S., one that recognises the independence of the judiciary involved the fundamental transformation,

359
00:44:28,190 --> 00:44:36,560
but is backed by the presence of the FCPA, so that the start of each new engagement there is not uncertainty.

360
00:44:36,920 --> 00:44:44,059
Sometimes incomprehension as to the role of a judge in this case, we are just not static.

361
00:44:44,060 --> 00:44:51,940
He is here tonight as himself on several occasions recounted a conversation the following night.

362
00:44:52,610 --> 00:44:56,570
We talking about judicial services. What is a judge do?

363
00:44:58,040 --> 00:45:02,570
We don't do law. Why should we have the judge coming to visit and so on.

364
00:45:03,710 --> 00:45:08,120
I'm not jesting. I'm not seeking to disparage anyone with questions.

365
00:45:08,780 --> 00:45:13,190
I can understand why people are unaccustomed to this sort of thing put.

366
00:45:14,130 --> 00:45:22,410
But there must be a better way of doing business than encouraging that sort of inquiry to start public engagement.

367
00:45:23,540 --> 00:45:26,930
Thereafter. We are normally very, very fully and warmly supported.

368
00:45:27,700 --> 00:45:29,270
We can do without first stage.

369
00:45:31,930 --> 00:45:40,720
To be clear, institutionalising judicial engagement would not intrude on the independence or internal operations judiciary.

370
00:45:41,230 --> 00:45:49,810
It would instead provide a mechanism for continuity in the relationship between the judiciary and the CDA,

371
00:45:50,230 --> 00:45:58,180
optimising the Constitution to be made by the. To the benefit of faith in the sphere of international justice.

372
00:45:59,720 --> 00:46:10,360
The costs are low or minimal. The potential for gain for the UK, harnessing its world beating reputation and the rule of law still on massive.

373
00:46:11,070 --> 00:46:13,250
We have to do. Thank you very.