Ten years later: an organization entitled Defense Institute of International Legal Studies evolves. (Education and Training).

The Defense Institute of International Legal Studies (DIILS) in Newport, Rhode Island is a joint agency activity reporting directly to the Director of the Defense Security Cooperation Agency. Originally a part of the Naval Justice School, DIILS has become a major part of the Expanded International Military Education and Training Program. DIILS focuses on legal topics relating to the rule of law through mobile education teams and resident courses. Secretary of Defense Donald Rumsfeld awarded the Joint Meritorious Unit Award to DIILS in August 2001. DIILS marked its tenth anniversary on June 28th.

If numbers alone could tell the story of the Defense Institute of International Legal Studies (DIILS), an impressive set of statistics could be compiled:

* 530 programs completed

* 83 countries have participated on five continents

* More than 16,000 total participants

* Several Vice Presidents, assorted ministers of state, numerous generals and admirals, and thousands of military members, and civilians in attendance

* A staff that has grown from one to seventeen

* 17,000 texts printed

* 1000+ adjunct faculty members

* Approximately twenty million air miles flown

* Thousands of hours waiting in airports and flying coach

* 20,000 + bags of airline peanuts devoured

* Two cases of malaria contracted

Yet, the weakness of numbers is that they do not convey the effort or effects of a program, and the extraordinary energy that has made DIILS a successful organization.

The concept of extending assistance for military training by one country to another country is nothing new. In America, the Revolutionary Army gratefully accepted the training offered by Baron von Steuben of Prussia and other individuals as well as the country of France. As the United States became a power in the 20th century, training was offered to other countries. President Truman stated in 1947:

I believe that it must be the policy of the United States to support free peoples who are resisting subjugation by armed minorities or outside pressures.

Training of this type has often been controversial, as it usually emphasized war-fighting skills with little regard for establishing the thinking that is so crucial to the proper application of force. Civilian oversight was often lacking, misuse of the training to abuse human rights occurred too often, and friendly recipient nations turned unfriendly. Throughout the Cold War, the need to influence other nations created a policy conundrum between the necessity of maintaining friends and alliances and the wise and moral use of U.S. resources. The fall of the Soviet Union ended this dilemma.

DIILS was created in response to legislative initiatives to amend the Foreign Assistance Act by expanding international training opportunities offered as part of the International Military Education and Training (IMET) program. The United States sought a way to foster democratic institutions in the countries emerging from the Soviet Union as well as those countries formerly under the dominance of the Soviet Union. Four areas were identified as crucial to the democratic transition of the military in these countries: civilian control of the military, military justice, human rights, and defense resource management. Training would not only be conducted in the United States as it traditionally had been done, but also through teams that would travel to the countries that requested such training. Civilian officials were now also eligible to take part in this training. The inclusion of civilians in this training was an acknowledgement that those who shape the role of the military must also be reached. The passage of this legislation, referred to as Expanded International Military Education and Training (E-IMET), occurred in 1990.

The subject matter emphasized by E-IMET was different from traditional military training in that the philosophy, legal underpinnings, and doctrine that makes a military effective would be emphasized. International standards of human rights, adherence to the rule of law, and emphasis on appropriate conduct during military operations were given importance equal to training in combat skills by the addition of E-IMET.

Legislating new ideas proved to be easier than implementing the concept. Throughout 1991 and 1992, officials in Washington, D.C. worked with each of the services to find programs that could take the concept of E-IMET from drawing board to implementation. In 1991, the Judge Advocate General of the Navy and the Naval Justice School agreed to take on the task of developing a program to address the key areas of military justice and human rights. Out of this agreement, an International Training Department consisting of one recalled Reservist was established to get the program off the ground. Initial concepts of how this new program would be executed were developed. Several ideas, including one to provide human rights training to U.S. personnel were tried and eventually discarded. By the time that the International Training Department had evolved into the International Training Detachment (ITD) in 1992, a plan for multi-phased programs and other forms of assistance designed exclusively for an international audience was selected as the most effective format for ITD to follow.

During 1992 and 1993, the new program met successes in the programs that it offered, while battling a lack of dedicated resources. Initial programs in Guatemala, Sri Lanka, and Papua New Guinea were met with enthusiasm by the host country and ITD team members recruited for the Mobile Education Teams. These first seminars focused on basic military justice and human rights issues. Diverse military and civilian audiences in each of these countries responded positively to the combination of lectures and discussion problems. ITD had accomplished a major goal in proving that this format could create an environment that resulted in frank and open discussion among seminar participants. Materials for the presentations were initially taken directly from those in use at the Naval Justice School, but it soon became obvious that these were not appropriate in differing systems and cultures. Teams on many of these early trips found themselves spending evening hours writing material to be used the next day.

Support staff was borrowed on an ad hoc basis to accomplish the many tasks needed to send a team half way around the world. Each trip presented new challenges. Before a team could depart there were passports and visas to obtain, and flight arrangements on little known airlines to places that are known only to the geographically astute, to be completed. Once in the country, language, transportation, and currency had to be mastered rapidly. If travelers' illnesses did not strike, there were still questions of materials and the actual seminar presentation. Did the books arrive? Were there enough for the increased number of participants? Was there a reliable supply of electricity? Did simultaneous translation equipment function properly? Did the projection system work on the intermittent and random voltage system? What was the quality of translators? If any of the answers to these questions was no, the DILLS team had to improvise quickly. When a seminar is only five days long, any miscue can adversely affect the overall outcome.

Flash forward to the present and DULS is by comparison better prepared and staffed to perform a mission that has grown in scope and range. ITD has become DIILS, and is no longer a Navy organization, but is, since June 2000, a joint agency activity under the Defense Security Cooperation Agency. A staff of civilians and enlisted personnel now prepares material, equipment, and travel documents for mobile education teams that carry out on average 54 METs each year in thirty-six different countries. Teams can now focus on the important matters of delivering content and creating working relationships with their counterparts attending the seminars. More than 350 international students have attended nineteen separate DIILS resident courses. The Coast Guard operates its Model Maritime Code program from DIILS. Topic emphasis has changed from general military legal matters to those topics that focus on real time problems facing the 120 nations that are part of the IMET program.

What happened in these ten years to create a vibrant, effective organization? Simply put, it was the result of an extraordinary amount of dedicated hard work by those military and civilian personnel who have served at DIILS. Sacrificing holidays and time with their families, DIILS military and civilian staffs have time after time done remarkable things on short notice in the most difficult of circumstances. Secretary of Defense Donald Rumsfeld in awarding DIILS the Joint Meritorious Unit Award in August, 2001 wrote:

In ten years, there has developed a treasure of anecdotes and experiences, but if David Letterman were to feature DIILS as a guest on "The Late Night Show," he might come up with a top ten list for DIILS that would go something like this:

Letterman (holding cardboard signs on his desk as camera zooms): "What are the ten experiences that distinguish DIILS from other programs?"

#10 Gone but not forgotten. In 1993 one of the first DIILS seminars was presented at the Human Rights Academy in Colombo, Sri Lanka. After a six-year hiatus caused by civil war, a DIILS team returned to Sri Lanka. In a meeting at The Centre for the Study of Human Rights at the University of Colombo, the DIILS team met a member of the law faculty who as a military attorney in 1993 was a participant in a DIILS Seminar. He came to the meeting with the DIILS course book that he had been given six years earlier. The instructor informed the DIILS team members that the curriculum he uses for this program consists of the DIILS modules and discussion problems he received in 1993. The entire Human Rights program at the Human Rights Centre was based on the original DIILS materials.

# 9 Put on a course for whom? On October 31, 1998, Congress passed Public Law 105-338, the Iraqi Liberation Act (ILA). At the time, the staff of DIILS paid scant attention to this new law, as it seemed that it would be many years before DIILS would be conducting seminars in Iraq. In late September 2000, the Director of DIILS received a call. Could DIILS deliver a seminar on War Crimes Prosecution for members of the Iraqi National Congress (INC) by the end of November under the terms of the ILA? Answering in the affirmative, the challenge became how do we do this? DIILS had no classrooms, and had at that time never conducted a resident seminar. In addition there were significant security and logistics issues. Members of the INC were scattered around the globe and were all civilians. A seminar on this topic would be intense and had to produce a plan for the eventual investigation of war crimes in Iraq. When November and the INC members arrived, not only had DIILS prepared academics, logistics, and security, but it had also assembled a top-notch group of instructors with considerable experience in war crimes investigation. Reservists were brought in to assist with instruction and logistics. Thanks to a tremendous effort that involved the Naval Station Newport Commander, Public Affairs Officer, and Security Office, and the considerable assistance of neighboring Naval Justice School, DIILS conducted its first resident course without a hitch. The members of the INC responded by developing plans for the eventual investigation of war crimes in a manner that will conform to international standards.

#8 Only technically at war! Currently, Azerbaijan has a cease-fire agreement with Armenia over the Nagorno-Karabakh conflict. In 1991, the ethnic Armenians in this region started a war for independence from Azerbaijan. The conflict eventually displaced approximately 850,000 civilians. A cease-fire agreement was implemented in 1994 but there are continuing cease-fire violations. The United States is part of an international mediation group that is trying to find a political solution to the Nagorno-Karabakh conflict. DIILS was asked to begin programs in both countries in late 2000. A first seminar for each was held in October 2001. Seminars in both countries focused on military justice and the role of the military defense counsel. Armenia and Azerbaijan, like many countries, do not have a separate military court system. Military prosecutors do not work for the Ministry of Defense, but instead for the Attorney General's office. Civilian defense attorneys represent service members who are criminally prosecuted. I n each country the material and teams were well received. Due to the success of the individual programs, the Office of the Secretary of Defense requested that DIILS try something never done before. Why not host a regional seminar for both Armenia and Azerbaijan to address topics of mutual concern and perhaps advance the peace process? The only problem was that neither country could host the seminar due to the technical state of war. The solution? A seminar will be held in Newport this summer that will not only involve the countries of Armenia and Azerbaijan, but also neighboring Georgia. The topics to be discussed are ones that need a regional approach, responding to the challenges of international criminal acts. This may not be a final resolution to the disputes of the region, but hopefully the resulting dialogue will cause some joint responses to challenges that confront all of these nations.

#7 Wanted: a few good women. The U.S. military addressed the problems of men and women serving in the military together years ago. Procedures and methods for ensuring fairness continue to be refined and improved. But for many countries, integrating women into the military is a new challenge. In September 1999, a DIILS team met with members of the Malawi Ministry of Defense and Malawi Army to assist them in launching their first campaign to recruit women into the military with specific concerns of equal opportunity, sexual harassment, and how to accomplish the logistical needs of maintaining and retaining men and women recruits. The campaign was successful and resulted in the first women privates joining the Malawi Army. During a DIILS MET in July 2001, six of these outstanding young women who were participating in the program, led frank discussions concerning the issues and concerns of how women could better be integrated into the Malawi Armed Forces. Questions about maternity leave, assignments for women, fe male and male watch-standing, and whether women should have curfews were all discussed openly as the participants eagerly sought U.S. advice on how to accomplish the changes that are necessary to fully integrate women into the mainstream of the Malawi Army. They were the first Malawian female soldiers to participate in any IMET program in their country. Their presence was a great source of pride for the military and the civilian elected leadership, as they provided some of their own perspectives on what life is like for a female soldier in Malawi. The catalyst of the DIILS seminar had enabled important social change to begin.

# 6 Don't sit next to the ducks. Cambodians represent one of the largest groups of individuals trained in DIILS seminars. Just under 1000 Cambodians have taken part in DIILS training. Unfortunately, no new training has occurred since 1997 due to internal disputes between rival factions. Prior to this time, DIILS teams traveled throughout Cambodia attempting to reach as many military personnel as possible. One of the last DIILS teams in Cambodia was scheduled to travel to remote Koh Kong. They were placed on an over loaded, bullet riddled vintage Soviet helicopter along with 16 Khmer soldiers, a Buddhist nun who served as translator, their equipment, and cages filled with ducks and a pig. A thunderstorm raged around the overloaded helicopter causing it to land. The DIILS team plus translator and equipment were evicted from the helicopter, left in a field, and told that the helicopter would return. The parting words from the crew were that the DIILS groups should not wander, as there were mines all around them. As they sat in the open field in the intense heat and humidity awaiting the return of the helicopter, they must have been an odd sight to anyone who traveled by a U.S. Army Brigadier General, the Director of DIILS, two Marines, and a Buddhist nun with an umbrella huddled in the middle of a minefield.

#5 Overcoming an image. In 1998, a group of 6 Colombians and 4 Americans met for the first time in the Embassy Suites Hotel in Washington, DC. Most passers-by would have taken this group to be part of a typical business meeting. However, the business at hand was how to start a program with DIILS that would promote human rights in the country of Colombia. The Colombians represented several agencies, the Ministry of Defense, Navy, Army, the Attorney General, and most importantly, the Vice President of Colombia. The DIILS team had to accomplish several objectives during the week. There were visits to key U.S. agencies, including the Office of National Drug Policy, the State Department, and staffers from a key House Committee on Foreign Operations. Points of interest in Washington would be visited during free time. Most important though was the mission of developing a curriculum for the next seminar to emphasize human rights and a plan for future programs that would carry the message to different groups in Colomb ia. The discussion among the Colombian group was brisk as each member of the group advanced their personal perspective and submitted ideas to the group. After several days of vigorous, but amicable discussion, the group had a plan. Seminars for key officials would lead the way to be followed by programs on human rights focused on individual military services. The initial seminar in 1999 met all expectations. The Vice President of Colombia, Augusto Bell, who also serves as the Minister of Defense, attended and reemphasized to the 83 Colombian dignitaries the importance of improving the human rights performance of all segments of the Colombian government. In 2000, a similar seminar was held as a follow on. Again the Vice President made a personal appearance to underscore the importance of the topics to the audience consisting of Senators, flag officers, judges, and senior officials from government ministries. As planned, the most recent seminar on Human Rights was focused on a military service - the Colombian N avy. The CNO of the Colombian Navy attended, as did a number of Admirals. In all, 137 Naval officers took part in the seminar to find ways to ensure that human rights were a part of their normal operations. Colombia has devoted considerable effort into developing positive human rights policies. DIILS has been part of this process.

# 4 Packing a full deck. An assessment trip to Lebanon qualifies as the longest, unplanned for stay in a country. The DIILS team thought they would be doing a weeklong assessment program involving meetings with key individuals and organizations to inaugurate the program with Lebanon. Usually, an assessment trip is marked by a lot of waiting punctuated with appointments with a variety of officials. But in the spring of 1996 Beirut was still recovering from civil strife and was the home of a variety of warring groups. Armed bodyguards accompanied the team everywhere that they went. On Thursday, April 11th, Israel launched an attack into Lebanon. The DIILS team took refuge in the U.S. Embassy, where they stayed for the next 20 days. Finally, the team was able to safely leave and return home. How had they wiled away all of the time that they spent unable to leave the grounds of the Embassy? Playing cards with the Ambassador and his staff who were reputed to have been quite expert at poker and other games of chanc e. DIILS has since returned to a peaceful Lebanon four times to conduct very successful seminars. However, they always pack extra playing cards, just in case.

# 3 Practical matters. Latvia was one of the countries with which DIILS first started a program. Dating back to 1993, a number of seminars have been held in Latvia. Early seminars addressed general topics such as military justice. After a seminar in February 1999 the U.S. Ambassador to Latvia, James Holmes, met with the DIILS team to discuss a problem that existed in Latvian society. There was constant criticism of the military by the Latvian media. Even in cases in which the military had acted properly, the media managed to cast the events in a negative light to the military. The military had no plan to work with the media or to explain their actions. Could DIILS develop a program to address this issue? The answer was to develop a series of seminars in which a DIILS team of attorneys and public affairs officers would address the legal framework and practical methods utilized to create a media plan. During the seminar, media representatives sat with military commanders on a panel to discuss differing views. T he end result was that the media gained new respect for the military and the military developed a methodology for working with the media. At the closing ceremony Colonel Graube, the Chief of Defense, Latvian National Armed Forces, and a DIILS seminar participant, stated Latvia is a young country and we need to inform the public about why we need a strong military ... it is the media that will help channel this information."

After these seminars, the DIILS team was once more challenged. The Ministry of Defense and a Parliamentary working committee were developing a new code for non-judicial punishment to replace outdated methods that were a vestige of the Soviet system. Could DIILS provide assistance? In a series of seminars from September 2001 through April 2002, DIILS teams worked with military commanders, judges, and the Parliamentary committee to provide guidance and assist in developing a system of non-judicial punishment that conforms to contemporary standards. The new code was made law in April 2002. The Minister of Defense made personal awards in appreciation of the work of DIILS at a reception held in honor of the team.

In commenting on this success, the Office of Defense Cooperation later stated that "... our strategy of building upon previous phases is working, and that we should maintain the momentum...Continued program development that addresses timely issues has been a crucial element in the success of DIILS."

# 2 Mutineers and kangaroo courts. On a quiet pre-Christmas December day in 1998, a call came from the distant country of Lesotho to the offices of DIILS. A mutiny had occurred in September and fifty military personnel were to be tried. No courts-martial had been conducted in Lesotho in thirteen years and the procedures for trials recently adapted by the Lesotho parliament were controversial. At the request of the U.S. Ambassador, DIILS had been called to provide training that would ensure fair trials for the accused mutineers. Officials in Lesotho were acknowledging that they expected the trials to be kangaroo courts that would result in convictions and possible executions of all concerned. The DIILS team had ten days (which included Christmas and New Years holidays) to prepare and depart for Lesotho! After frantically assembling a team and materials and prior to going into Lesotho, the DIILS four-member team left for South Africa in order to meet the judges who would hear the trials. The following week, the actual seminar on courts-martial was presented to an audience of seventy-five that included the Commander of the Lesotho Defense Forces, seven of the eight judges of the Lesotho High Court, the Attorney General, Minister of Justice, and the Public Prosecutor. It is rare that the impact of a seminar can be seen so soon after completion. Within weeks of the seminar, charges against seventeen mutineers were dropped. The remainder of the mutineers received trials that all concerned considered to be fair, and in which the rights of the accused were protected. Ambassador Katherine Peterson stated: "Simply put, this training has established the United States as a champion of fair, impartial, transparent, and credible military and civil judicial systems, a key element in establishing the rule of law in a democracy."

# 1 Recognition has come in many forms including official messages, email, and most recently in the form of the Joint Meritorious Unit Award. In ten years DIILS has managed to take a concept and create a viable organization that is making a difference. Every seminar does not result in headline making events. However, every seminar involves the personal interaction that is so vital to U.S. foreign policy goals.

About the Author

Walter W. Munroe joined the staff of the Naval Justice School Detachment, International Training in October 1994, as Curriculum Developer. In 1997 he became the Academic Director for the International Training Detachment, now known as the Defense Institute of International Legal Studies. He obtained his B.A. in History and Education from the University of Rhode Island, and his M.A.T. in history from Rhode Island College, Providence, Rhode Island. In addition he has studied at Brown University, Salva Regina University, and Bridgewater State College.