This has led to a host of externally promoted programmes and projects on law reform, constitutional development and judicial training, and security sector transformation. Through UN Security Council resolutions and other means of conditionality, the rule of law is not simply promoted in post-conflict and crisis settings, but also enforced.
A failure to adhere to the rule of law can result in donors withholding funds and political support. The employment of the concept as a standard and condition in state-building has national legal and political consequences.
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Clarity in communication on the rule of law is of great importance. This book provides a critical analysis of past and current rule of law promotion, and argues that despite past experiences of development and technical assistance, rule of law reform in war-torn and crisis societies operates in an autonomous field where best practices and lessons learned are rarely or only superficially acknowledged.
The author provides a comparative and systematic overview of how rule of law promotion has been put into effect and identifies challenges and opportunities for enhancing and strengthening norms, ideologies and methods for legal and judicial reform after war and crisis.
This important book argues that the real test of international rule of law interventions is whether they create spaces where conflict-weary citizens can demand, challenge, and participate in the creation of better local governance.
International Transitional Administration (ITA)
He harhors no illusions about the challenges that these reform efforts face, and his criticisms of such efforts to date are realistic and incisive without succumbing to pessimism. Overall, Rule of Law After War and Crisis is a welcome contribution to our understanding of the foundational importance of the rule of law and the immense challenges the international community faces in establishingit where it is absent.
Manlove in International Law and Politics About the author Richard Zajac Sannerholm holds a PhD in law and has experience in rule of law reform in post-conflict, crisis and transition countries, working as a researcher and adviser for international organizations, national agencies and non-governmental organizations. Zajac Sannerholm currently works as a researcher and project leader at the Folke Bernadotte Academy in Sweden.
UNMIK as an International Governance within Post-Conflict Society
Effectiveness and International Accountability p. Countries emerging from long periods of authoritarian rule must often confront a legacy of gross human rights abuses perpetrated over many years. Given the frequency with which these problems arise, as well as the complexity of the issues involved, it is striking that no book series has taken the issue of transitional justice as its point of focus.
The Series on Transitional Justice offers a platform for high-quality research within the rapidly growing field of transitional justice. This research is, of necessity, inter-disciplinary in nature, drawing from disciplines such as law, political science, history, sociology, criminology, anthropology and psychology, as well as from various specialised fields of study such as human rights, victimology and peace studies. It is furthermore international in outlook, drawing on the knowledge and experience of academics and other specialists in many different regions of the world.
The series is aimed at a variety of audiences who are either working or interested in fields such as crime and justice; human rights; humanitarian law and human security; conflict resolution and peace building. These audiences may include academics, researchers, students, policy makers, practitioners, non-governmental organisations and the media.
In addition, HPCR International and contributing partners are not responsible for the content of external publications and internet sites linked to this portal. My Briefcase. Submit a Document The Peacebuilding Initiative is an evolving project, which benefits from the knowledge and experience of its users.
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The link between the rule of law and peacebuilding The ascendance of rule of law assistance in the context of peacebuilding There is consensus on the centrality of the rule of law in peacebuilding. Rule of law assistance aims to: establish immediate post-conflict stability and security; provide a mechanism for the peaceful management and settlement of conflicts which includes governance mechanisms ; address underlying conflict grievances; and, prevent the re emergence of violent conflicts. The link between the rule of law and peacebuilding The roots of the contemporary interest in the rule of law lie in the proliferation of intrastate or civil wars during the second half of the last century.
It is generally recognized that key causes of those conflicts have been collective, group-based grievances against oppressive, exclusionary political regimes. State institutions for example, the judiciary, legislatures, the police, and the military were simply tools at the hands of autocratic leaders and regimes. In other words, the perceived lack, or absence, of the rule of law led to "justice-seeking" strategies by various marginalized or disenfranchised groups, which in turn led to armed struggles and violent conflicts.
Post-conflict Administrations in International Law
With democracy becoming the norm of political governance and the rise of the human rights movements , the establishment of democratic, inclusive and legitimate modes of governance came to be seen as the remedy to violent internal conflicts. Rule of law programs thus became inextricably linked to broader peacebuilding agenda.
Post-war societies are commonly marked by the absence of the rule of law, at least as rule of law is generally conceived of in democratic societies. Institutions associated with the rule of law for example, the judiciary, the police may be devastated, dysfunctional, or illegitimate.
This results in what is termed a "rule of law vacuum," 2 related in part to the "security vacuum" that is often cited in post-conflict contexts. The expression "security vacuum" is itself problematic in many ways; it would be better to speak of situations of "neither war nor peace," that are highly volatile, and where the security problems faced by local people are, at best, "reframed," but not necessarily resolved. What is more, some post-war societies lack experience with the rule of law, resulting in an absence of a rule of law culture and trust in institutions that would guarantee it and protect the citizens.
In such contexts, the experience in the past decade has shown that peacebuilding, in the short and long term, cannot be achieved "unless the population is confident that redress for grievances can be obtained through legitimate structures for the peaceful settlement of disputes and the fair administration of justice.