FY 2012 Program and Budget Guide: Overseas Contingency Operations (INCLE)
Budget Summary ($000)
FY 2010 Base Actual
FY 2010 Supp
FY 2011 Estimate
FY 2012 Request
Building on the current U.S. military effort, the Police Development and Criminal Justice program will develop professional and capable Ministry of Interior (MOI) and civilian police institutions in Iraq. Criminal Justice programs, including anti-corruption initiatives, will focus on strengthening the Ministries of Justice and Interior, among others, and supporting the Higher Judicial Council. The program also includes a robust Department of Justice (DOJ) presence to lead a variety of rule of law programs in Iraq. The FY 2012 budget includes funding for 12 months of operating expenses to support 190 police development and 45 judicial and corrections USG and civilian subject matter expert advisors working in 10 Iraqi provinces, as well as approximately 40 officers and administrative support personnel at the U.S. Embassy Baghdad and two consulates to oversee and manage the programs and contract administration. The entire INCLE budget for Iraq will be a part of the Overseas Contingency Operations (OCO) request, based on the temporary nature of the size and scope of programs.
Program Goals and Objectives
The objective of the Iraq Criminal Justice Program is to develop the capacities of all elements of the Iraqi criminal justice system (police, justice, and corrections) to support fair, efficient, and legitimate Iraqi Government institutions, to promote peace and security, resolve disputes, and promote respect for the rule of law.
The Department of State will receive responsibility for police development programs from the Department of Defense later this year. FY 2012 funds will support the first full year of operations of State’s Police Development Program (PDP). The PDP will provide senior leaders in the Iraqi police services and Ministry of Interior with the necessary skills to more firmly establish police primacy and uphold the rule of law – thereby protecting U.S. national security interests while promoting peace, security, stability, justice, and democratic governance. Funds will support PDP operations, as well as underlying requirements such as life support, security, communications, and transportation.
The INCLE-funded justice programs in Iraq focus on (1) developing relationships at the Ministry/Higher Judicial Council level, as well as with courts and, to a lesser extent, other criminal justice institutions in the provincial capitals to help the Iraqis identify significant impediments to the effective and efficient functioning of their criminal justice process, particularly their courts, and to propose and help the Iraqis execute remedial actions; and (2) establishing Iraqi capacity to provide continuing legal education to judges and other court personnel to enhance GOI capacity to assess security threats and vulnerabilities to judicial facilities and personnel, address those threats, and modernize court administration processes to make them more transparent and efficient.
Finally, INCLE funds will continue programs that support the Iraqi Corrections Service at the Ministry of Justice, and will fund new programs to reform the Ministry of Interior’s jails and detentions centers, promoting the humane and secure incarceration of individuals consistent with international standards.
FY 2012 Program
Stabilization Operations and Security Sector Reform
Police Development Program
• Our continued support for the development of the Iraqi police and judiciary remains critical to Iraq’s future stability and to achieving the U.S. goal of a sovereign, stable, and self-reliant Iraq. Beginning October 1, 2011, the State Department assumes full responsibility from the Defense Department for the development of the Iraqi Ministry of Interior (MOI) and police and border forces. Under Department of State leadership, the PDP will assist the MOI, Iraqi Police Services, and the Department of Border Enforcement at regional and national headquarters and at major provincial sites by developing the management, leadership, and technical skills to maintain Iraq’s internal security and support the rule of law.
• The overarching strategic goal of the PDP is to help the GOI and its MOI by assisting in the development of capabilities needed to manage and sustain the full range of internal security operations and support the rule of law. The program will be a robust and credible successor to the U.S. military training program and it will continue to develop the strategic U.S.-Iraq relationship. Most importantly, the PDP will shift the overall U.S. mission of Iraqi police development from counter-insurgency, with a focus on producing large numbers of basic recruits to support the Iraqi army with skills such as live-fire enemy engagement and patrolling, to a civilian model focusing on community policing, which promotes law enforcement, detection and prevention of crime through presence in, and partnership with, the community. The PDP will also focus on advanced technical training in specialized policing skills such as criminal investigations and forensics for Iraqi officials at middle-to-senior management levels.
• The FY 2012 budget includes full-year funding for the PDP, which includes approximately 190 advisors, based out of three hub cities (Baghdad, Basrah, and Erbil), who will travel by both ground and air to provide on-site engagement. Short-term technical advisors will augment the advising and training capabilities of advisors in-country. Rotary-wing aircraft will support the safe movement of PDP advisors and security personnel from hub locations to sites that cannot be accessed by ground movement. The program targets the five most populated cities (Baghdad, Basrah, Erbil, Kirkuk, and Mosul), plus a number of other locations in provinces such as Anbar, Karbala, Najaf, Sulaymaniyah and Tikrit, which were chosen for both their programmatic and strategic importance. Classroom-based training will be available for Iraqi police personnel as appropriate at regional or centralized training facilities. The PDP includes a robust instructor development program, based in Baghdad, and supports training at Iraqi regional training academies to ensure a uniform training standard throughout the country. In addition, the PDP includes a specialized training component that funds Iraqi officers to attend U.S.-based training such as policing academies and those operated by the FBI, DEA, ATF, and DHS or other international police training venues such as the International Law Enforcement Academies.
• Funding will provide for the cost of Embassy-provided security and life support for INL aviation, police, and criminal justice advisors, and include personnel recruitment and training. The funds will support facilities, aviation, and transportation operations and maintenance. All security and life support services will be Embassy-provided, with INCLE funds reimbursing the costs attributable to our programs.
Major Crimes Task Force:
• The DOJ/FBI-led Major Crimes Task Force, a joint GOI-U.S. Government initiative, will expand to include 18 law enforcement agents (six in Basrah and 12 in Baghdad) to build the Iraqi capacity to investigate high-profile crimes such as terrorism, public corruption, kidnapping, human trafficking, and organized crime.
• Funds will support continued education and technical development as the GOI develops its capacity to provide prevention and treatment services. Funds will also support the implementation of a nationwide drug demand reduction strategy.
Rule of Law and Human Rights
• Since 2003 the justice sector in Iraq has made substantial progress in its overall capacity development. However, corruption remains as the largest rule of law problem facing the GOI. Progress made by the U.S through technical training of police and capacity building within the Iraqi courts and corrections systems may prove insufficient or short-lived if rampant corruption in Iraq is not effectively mitigated. Continued funding of anti-corruption programs is necessary to advance anti-corruption initiatives, including mentoring and training to GOI anti-corruption officials on U.S. Government best practices in financial integrity, institutional auditing, accounting, and public sector management. Initiatives will also advance computerized case management.
Rule of Law Outreach
• Six DOJ Office of Overseas Prosecutorial Development, Assistance, and Training (OPDAT) Resident Legal Advisors (RLAs) will be based in the Embassy in Baghdad and at Erbil, Basrah, Mosul, and Kirkuk. These RLAs will continue to assist the GOI to better coordinate legal issues and resolve ambiguities between the central government and the provinces. RLAs will also focus on bolstering provincial gains made during the last seven years in building and maintaining communication between the provincial courts and the central courts in Baghdad, and identifying and providing solutions to roadblocks in the Iraqi legal system. RLA programs will also be designed to help develop the Higher Judicial Council’s (HJC) administrative capacity in the areas of case management, web-based services, access to legal resources, and court administration including budget planning and implementation and internet technology.
• Four U.S. Marshals Service agents based out of Baghdad will provide assistance to the HJC to provide adequate security for its judges and courthouses and strengthen protections for judges, defendants, witnesses, and victims.
Criminal Justice Legal Education and Advising
• Subject matter expects will provide advanced and specialized legal education to strengthen the adjudicative, administrative, and investigative capacity of legal professionals in the areas of criminal law and criminal investigative techniques, including cyber-crime, organized crime, financial crimes, the use of forensic evidence, and justice sector administration and security. The program will provide U.S and international experts in these advanced legal areas to provide training and lead courses for the judges and staff of the HJC at the Judicial Development Institute (JDI) in Baghdad and at the Judicial Training Institutes (JTI) of the Ministry of Justice and of the Kurdistan Regional Government in Baghdad and Erbil, respectively.
• Funds will continue U.S. support of the Iraqi Corrections Service at the Ministry of Justice to mentor senior leaders in advanced skills such as management, budget creation, and leadership. In addition, advisors will begin work within the Ministry of Interior to establish a program reforming its 1,200 jails and detention centers for pre-trial detainees. This work will include providing advice on strategic planning, academy and field training, auditing, oversight, public relations, and curriculum development.