FIRST ORDER:

Order in the Courts (J ALEXANDER THIER, 8/28/06, NY Times)

A few weeks ago the new Parliament approved a fresh slate of Supreme Court justices — a strong group of professionals and reformers that includes several of Afghanistan’s pre-eminent legal minds.

This court represents a sea change from the judiciary that has been in place since the collapse of the Taliban. For the first time in its history, Afghanistan may have a real system of checks and balances. But the United States and its partners must seize this opportunity and act quickly to support the new court, and not squander another chance for meaningful reform.

It’s the big bang moment of democracy, when the three branches of government all come into being, each with its own powers and limitations. We are witnessing in Afghanistan today what the American founders understood so well: alone, factions and institutions will abuse their power, but in combination they will constrain and balance one another, creating stability amid competition and turmoil.

Afghanistan’s Parliament, still struggling to find its feet, has played a critical role in this constitutional drama. Last spring, the body rejected the previous chief justice, Fazel Hadi Shinwari, a fundamentalist firebrand whom President Hamid Karzai had appointed in deference to Islamist demands. Rising to the challenge, Mr. Karzai then nominated Abdul Salam Azimi, a moderate Islamic scholar and the primary drafter of Afghanistan’s new democratic constitution. The Parliament approved Mr. Azimi as chief justice, along with a slate of other moderates.

Chief Justice Azimi and his associates have substantial experience and a demonstrated desire to build an effective system that promotes the rule of law.

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As violence drops in Baghdad, national reconciliation makes gains (Multi-National Force--Iraq, 27 August 2006)

Meanwhile, in Washington, Iraq's Deputy President Adil Abd al-Mahdi met with U.S. Secretary of Defense Donald Rumsfeld at the Pentagon on Friday to further discuss Iraq’s country’s commitment to reconciliation.

Following a meeting at the Pentagon, Rumsfeld and al-Mahdi spoke with reporters about progress in Iraq. The secretary praised the work of Iraqi security forces, which he said now number more than 267,000. He said there has been a reduction in the levels of violence, particularly in areas U.S. and Iraqi forces have been able to clear.

In spite of the gains in security, Rumsfeld stressed the Iraqi people and their government hold the key to long-term stability and security.

"The important thing is for the Iraqi government to achieve success with respect to their reconciliation process," he said. "This is not purely a military problem, and it is not going to be solved purely by military forces."

Rumsfeld said the Iraqi government is committed to achieving reconciliation among various groups.

"Admittedly, it is a lot easier to talk about it than to do it," he said. "It's been done in other countries. I believe it can be achieved here. They're going to have to work very hard on it, and it's going to take some time, but it is a process, not an event."

Al-Mahdi said the process is taking place. The national unity government of Iraq has both a working reconciliation plan and a good plan to secure Baghdad, two steps that counter those who would push Iraq toward a civil war, he said.

"At least 20 of the groups are dialoguing now with the government," he said. "We have to see the results. We have to see the impact of this. We are optimistic."

The Iraqi government is open to proposals from those willing to put their arms aside and find a solution, al-Mahdi said, but government forces will continue to put pressure on insurgents and terrorists.

"The government is stronger than ever," he said. "Our armed forces are getting much better than before in number, in quality, in operations. They are leading operations now."

Al-Mahdi said seventy percent of Iraq is now stable and secure, which makes the Iraqi people "fully optimistic" about their future.

"The Iraqi people think that there is no other issue but victory in Iraq," he said. "The Iraqi people can't leave the country. There is no withdrawal for the Iraqi people. The multi-national forces are supporting Iraqi people and will continue to support and have the sympathy of Iraqis."