
51 Harvard International Law Journal (Online) 82 (2010)This Essay, originally published in a 2010 issue of the Harvard International Law Journal (Online), maintains that it is a mistake to ask whether or not the United States was wise to have "allowed" elections in Iraq as early as it did following its overthrow of the Saddam Hussein regime in 2003. Such a question presumes an absence of domestic agency that was certainly not the case in Iraq, and is probably not the case in any modern society under occupation. Domestic demands coming from domestic forces seeking to shore up their own power base almost necessitated the outcome of relatively early elections in Iraq, irrespective of what any occupying power would have wanted. Put more directly, Shi'i religious elites aware of their demographic advantage were far more concerned about a Sunni dominated Ba'ath resurgence during an initial period of uncertainty and instability than they were about complying with the wishes of a foreign occupying power whose time in Iraq was destined to be relatively short. Elections were a convenient, and normatively appealing, means for the Shi'a to assume political power in a decisive and legitimating fashion. This in the end proved irresistible once the Shi'i clerical classes began calling for immediate transition to democratic rule. The Essay thus seeks to answer a different question; namely, whether, given domestic pressures, there is any way to limit civil conflict arising from locally demanded near term elections that are likely to prove destabilizing, as indeed they were in Iraq.
Comparative and Foreign Law, LawArXiv|Law|Comparative and Foreign Law, bepress|Law|Jurisprudence, LawArXiv|Law|Military, War, and Peace, bepress|Law|Military, War, and Peace, bepress|Law|Law and Politics, LawArXiv|Law|Constitutional Law, Law and Politics, bepress|Law|Constitutional Law, Jurisprudence, LawArXiv|Law, Religion Law, bepress|Law|Religion Law, bepress|Law, bepress|Law|Comparative and Foreign Law, LawArXiv|Law|Election Law, Constitutional Law, LawArXiv|Law|Jurisprudence, LawArXiv|Law|Law and Politics, LawArXiv|Law|Religion Law, bepress|Law|Election Law, Election Law, Law, Military, War, and Peace
Comparative and Foreign Law, LawArXiv|Law|Comparative and Foreign Law, bepress|Law|Jurisprudence, LawArXiv|Law|Military, War, and Peace, bepress|Law|Military, War, and Peace, bepress|Law|Law and Politics, LawArXiv|Law|Constitutional Law, Law and Politics, bepress|Law|Constitutional Law, Jurisprudence, LawArXiv|Law, Religion Law, bepress|Law|Religion Law, bepress|Law, bepress|Law|Comparative and Foreign Law, LawArXiv|Law|Election Law, Constitutional Law, LawArXiv|Law|Jurisprudence, LawArXiv|Law|Law and Politics, LawArXiv|Law|Religion Law, bepress|Law|Election Law, Election Law, Law, Military, War, and Peace
| selected citations These citations are derived from selected sources. This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | 0 | |
| popularity This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network. | Average | |
| influence This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | Average | |
| impulse This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network. | Average |
