Constructing Justice And Security After War

Distinguished scholars, criminal justice practitioners, and former senior officials of international missions examine the experiences of countries that have recently undergone transitions from conflict with significant international involvement.

The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "

There is increasing consensus among scholars and policy analysts that successful peacebuilding can occur only in the context of capable state institutions. But how can legitimate and sustainable states best be established in the aftermath of civil wars? And what role should international actors play in supporting the vital process? Addressing these questions, this state-of-the-art volume explores the core challenges involved in institutionalizing postconflict states. The combination of thematic chapters and in-depth case studies covers the full range of the most vexing and diverse problems confronting domestic and international actors seeking to build states while building peace.Charles T. Call is assistant professor of international relations at American University. Editor of Constructing Justice and Security After War, he has conducted field research on postconflict issues in Afghanistan, Bosnia, Central America, Haiti, Kosovo, and West Africa.Contents: Ending Wars, Building States?C.T. Call. Context. The Politics of Security in State Building?B. Rubin. Peacebuilding and Public Finance?C. Lockhart and M. Carnahan. Postconflict Economic Policy?P. Collier. Participation and State Legitimation?K. Papagianni. Justice and the Rule of Law?E. Jensen. The Limits of Bottom-Up State Building?W. Reno. Cross-Cutting Challenges?S. Cliffe and N. Manning. Cases. Somalia?K. Menkhaus. Palestine?R. Brynen. Bosnia?M. Cox. East Timor?E. Bowles and T. Hohe. Afghanistan?J. Sherman. Liberia?M. McGovern. Conclusion. State Building, War, and Peace?C.T. Call.

"In Constructing Justice and Security after War, the distinguished contributors - including scholars, criminal justice practitioners, and former senior officials of international missions - examine the experiences of countries that have recently undergone transitions from conflict with significant international involvement. The volume offers generalizations based on careful comparisons of justice and security reforms in some of the most prominent and successful cases of transitions from war of the 1990s drawn from Central America, Africa, the Balkans, and East Timor."--BOOK JACKET.

Providing security and reconstructing internal security institutions is a key component of nation-building operations. As the U.S. military's Field Manual 3-0731 Peace Ops notes, these tasks are vital to establish "a secure environment" in order to "create the conditions for other political, economic, and humanitarian peace building activities." They are also vital to lay the foundations for a strong and legitimate state. Consequently, this study asks two major questions: How successful have U.S. and allied efforts been in reconstructing internal security institutions? What are the most important lessons for current and future operations? To help answer these questions, we examine data from efforts to reconstruct internal security in Kosovo, Afghanistan, and Iraq. We then compare the results with data from six other cases in which the United States has helped reconstruct security institutions during nation-building missions: Panama, El Salvador, Somalia, Haiti, Bosnia, and East Timor.

Annotation. In a nation-building operation, outside states invest much of their resources in establishing and maintaining the host country's police, internal security forces, and justice system. This book examines post-Cold War reconstruction efforts, such as those in Iraq and Afghanistan, and assesses the success of U.S. and allied efforts in reconstructing internal security institutions.

This edited volume examines a range of historical and contemporary episodes of reconciliation and anti-reconciliation in the aftermath of war. Reconciliation is a concept that resists easy definition. At the same time, it is almost invariably invoked as a goal of post-conflict reconstruction, peacebuilding and transitional justice. This book examines the considerable ambiguity and controversy surrounding the term and, crucially, asks what has reconciliation entailed historically? What can we learn from past episodes of reconciliation and anti-reconciliation? Taken together, the chapters in this volume adopt an interdisciplinary approach, focused on the question of how reconciliation has been enacted, performed and understood in particular historical episodes, and how that might contribute to our understanding of the concept and its practice. Rather than seek a universal definition, the book focuses on what makes each case of reconciliation unique, and highlights the specificity of reconciliation in individual contexts. This book will be of much interest to students of transitional justice, conflict resolution, human rights, history and International Relations.

The widespread practice of intervention by outside actors aimed at building ‘sustainable peace within societies ravaged by war has been a striking feature of the post-Cold War era. But, at a time when more peacekeepers are deployed around the world than at any other point in history, is the international will to intervene beginning to wane? And how capable are the systems that exist for planning and deployingpeacebuilding missions of fulfilling the increasingly complex tasks set for them? In Building Peace After War, Mats Berdal addresses these and other crucial questions, examining the record of interventions from Cambodia in the early 1990s to contemporary efforts in Afghanistan and the Democratic Republic of the Congo. The book analyses the nature of the modern peacebuilding environment, in particular the historical and psychological conditions that shape it, and addresses the key tasks faced by outside forces in the early and criticalpost-conflict phase of an intervention. In doing so, it asks searching questions about the role of military force in support of peacebuilding, and the vital importance of legitimacy to any intervention. Berdal also looks critically at the ways in which governments and international organisations, particularly the UN, have responded to these many challenges. He highlights the pivotal role of politics in planning peacebuilding operations, and offers some sober reflections on the future prospects for post-conflict intervention.