SEMINARS IN CENTRAL AND EASTERN EUROPE
SPOTLIGHT RULE OF LAW, MILITARY JUSTICE

By Major D. J. Riley

thin blue line

    In support of the U.S. commitment to assist new and developing democracies, the U.S. Defense Institute of International Legal Studies (DIILS) has sponsored seminars in 69 countries to provide professional legal education and training to international military officers and civilian government officials. In the following article, U.S. Marine Corps Major D.J. Riley, DIILS Country Program Officer, describes the institute's programs in Central and Eastern Europe where the focus has been "on topics that enhance international security and foster bilateral trust and confidence by emphasizing human rights, military justice, the rule of law, and civilian control of the military."

Colonel Ion Didoiu, Director of Training for the Romanian Ministry of Defense, was quite pleased. The weather in Bucharest was unseasonably cold and rainy, but the joint U.S.-Romanian training program during the past two weeks had been a huge success. A team of military officers, lawyers, and other experts from the U.S. Defense Institute of International Legal Studies (DIILS) in Newport, Rhode Island, had conducted seminars in Bucharest and Brasov that focused on the theme, "Peace Operations and Disciplined Military Operations."

These programs in Romania in August 1999 were the 10th and 11th since 1995 in a series that might be called a "partnership for progress." The latest seminars examined the legal aspects of actual military operations. Earlier phases had dealt with topics ranging from military justice to methods in teaching human rights. The growth of the personal and professional relationships between the U.S. and Romanian officers during the past four years closely mirrors the development of similar DIILS programs throughout Eastern and Central Europe since 1993.

Originally founded in 1992 as the International Training Department (ITD) of the Naval Justice School in Newport, Rhode Island, DIILS has grown from a one-person office to an 11-member staff, including military lawyers from each of the U.S. Armed Services. All of the attorneys on the staff possess the desire to assist other countries in developing the "rule of law," as well as a willingness to travel to remote, often unfamiliar, places to carry out this mission. Created in support of the U.S. commitment to assist new and developing democracies, ITD quickly gained attention as a result of its success in addressing difficult problems in difficult situations.

In October 1997, ITD was renamed DIILS to reflect more accurately the joint service nature of its mission. The permanent 11-member staff, representing both U.S. military and civilian personnel, serve in the U.S. Defense Department's lead agency for providing professional legal education and training to international military officers and civilian government officials in furtherance of U.S. national security and foreign policy objectives. As of November 1999, DIILS had conducted seminars in 69 countries with over 11,200 participants worldwide.

DIILS has been recognized by the U.S. secretary of defense as one of the most successful programs under the Expanded International Military Education and Training (E-IMET) program, launched by Congress in 1991. According to DIILS Academic Director Walter W. Munroe, "[DIILS] respond(ed) to a world which had changed dramatically in a few years. The U.S. government had to initiate new relationships with the many emerging democracies that included the new independent states of the former Soviet Union, the former Warsaw Pact countries of Central and Eastern Europe...that were redefining themselves. In particular, the militaries in these foreign countries presented special legal training challenges, including: ill-defined military justice systems, human rights abuses, and a need to redefine the historic relationships between the military and civilian population."

DIILS initiates each program with an assessment trip to the partner country where a two-member team meets with U.S. Embassy staff and members of the partner country's military, press, and non-governmental organizations, and also lawyers and civilian officials. Following the initial assessment, a delegation from the partner country attends a planning phase in the United States, during which the details for the follow-on seminars are worked out. As an integral part of the planning process, the delegation is introduced to the civilian and military justice systems in the United States. Following the U.S. visit, the seminars are scheduled in the partner country. The seminars focus on topics that enhance international security and foster bilateral trust and confidence by emphasizing human rights, military justice, the rule of law, and civilian control of the military.

Mobile Education Teams (METs) conduct the in-country seminars. A typical DIILS MET consists of a permanent staff member, referred to as the Country Program Manager (CPM), and three adjunct faculty members who are either military lawyers themselves or have expertise in the seminar topic. Adjunct faculty members are selected from active duty and reserve military officers and from the civilian sector. Adjunct faculty members are usually senior officers or officials such as judges, professors, or senior legal advisers. When possible, MET members have a proficiency in the language of the partner country, and their selection is based on their ability to develop and maintain professional relationships.

DIILS team in Brasov, Romania DIILS team at conference site in Brasov, Romania. From left to right are Major Thomas Murrey, U.S. Air Force, Office of the Staff Judge Advocate, U.S. European Command; Major D. J. Riley, U.S. Marine Corps, DIILS Program Country Manager; Professor Jerry Dillon of the Naval War College; Colonel Ion Didoiu, Ministry of Defense of Romania; Major Jeffrey Palmer, U.S. Air Force, Deputy Staff Judge Advocate, Vandenberg Air Force Base, California; and Commander Shackley Raffetto, U.S. Navy (reserve), Circuit Court Judge from Maui, Hawaii.
Since 1993, DIILS has worked with 18 Eastern and Central European countries in developing more than 100 programs. Most of these contacts have been as follow-on visits after the initial seminars. DIILS has returned annually to many of the countries to conduct seminars, which become more and more sophisticated as the programs evolve. In Hungary, for example, the seminars focused mainly on military justice for the first few years. However, the need arose to address the concept of Status of Forces Agreements (SOFAs) because Hungary was participating in the Partnership for Peace Program before being admitted into NATO. The most recent seminar in Hungary -- "Legal Aspects of Military and Media Relations" -- was related to issues that arose during the recent events in Kosovo, and the Hungarian military's need to work effectively with the press. In fact, DIILS developed the seminar in conjunction with the U.S. Embassy in Budapest in response to requests from the Hungarian government. DIILS has the ability to respond to the requirements of the different Eastern and Central European nations that have a great deal of knowledge and sophistication in certain areas, but lack the necessary infrastructure or institutions to develop the programs on their own.

In addition to conducting seminars, DIILS also has assisted various nations that are trying to develop military codes. Since 1995, DIILS has worked closely with military lawyers in Albania to develop a military code that reflects changes in the country's government and its more open view of the outside world. A delegation from Albania will travel to Newport early next year to complete the project.

While the United States is the world's oldest continuous democracy, it is one of the world's youngest cultures. Keeping that in mind, DIILS METs try to create seminars that provide opportunities for dialogues, rather than monologues, on ideas related to the U.S. legal system, civilian control of the military, and the rule of law. Representing a democracy that has had to learn many difficult lessons on its own, the teams offer the lessons learned over 200 years of U.S. history, often acknowledging that there have been mistakes along the way. The instructors also are keenly aware that what has worked for the United States may not work in every country. Indeed, the exchanges during these seminars have forced some DIILS team members to reexamine how they view the legal systems in the United States.

Ultimately, these seminars are an excellent forum for the kind of exchange of ideas that leads to a mutual understanding between nations and helps to foster bilateral trust and confidence. One of the ways that discussion is encouraged is through the use of discussion problems in which the team asks the seminar participants to work through a problem and answer questions using their own domestic law or procedures. The participants are divided into groups that separately develop answers. Later, during a debriefing period, each group presents its solutions. In this manner, different ideas about law and democracy are discussed by the participants and the DIILS team members. As a result of these discussion problem-solving exercises, all of the participants and DIILS team members gain a broader appreciation of the concepts of the rule of law and civilian control of the military.

DIILS METs have traveled to Central and Eastern European countries including Albania, Belarus, Bosnia, Bulgaria, Croatia, Czech Republic, Estonia, Georgia, Hungary, Latvia, Lithuania, the Former Yugoslav Republic of Macedonia, Moldova, Poland, Romania, Russia, Slovakia, and Ukraine. During the year 2000, several other nations in the region have expressed interest in the seminars. DIILS stands ready to support any country in the region to develop programs that build on the foundation of the rule of law. The institute recognizes that these programs create the mutual trust and confidence that lead to international peace and security.

On that rainy night in Romania, Colonel Didoiu said something I have heard in many other countries: "So, now we can make plans for a seminar next year." Once more, important relationships had been maintained, U.S. foreign policy goals had been advanced, and a developing democracy had been given assistance through the efforts of an organization that prides itself on making a difference in a changing world.

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