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War and security have traditionally been held up as two areas where it is largely assumed international law has little influence on state action. 'Rule of Law in War' shows that it is possible to isolate the impact of rules, and to do so in areas that have historically been impenetrable.
Author : J. J. C. Voorhoeve Publisher : Amsterdam University Press Page : 205 pages File Size : 51,9 Mb Release : 2007 Category : Political Science ISBN : 9789053568675
From War to the Rule of Law by J. J. C. Voorhoeve Pdf
As recent events in Iraq demonstrate, countries that have suffered civil war or rule by military regime can face a long, difficult transition to peaceful democracy. Drawing on the experiences of Bosnia, Haiti, Rwanda and Afghanistan, this outstanding volume demonstrates that newly emerging democracies need more than emergency economic support: restoring the rule of law can involve the training of a new police force, for example, or the creation of an international war crimes tribunal. Concluding with specific recommendations for the UN and EU members, Voorhoeve reminds us that disregard for human rights or delay in civilian reconciliation can lead to resurgences of violence.
Customary Justice and the Rule of Law in War-torn Societies by Deborah Isser Pdf
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. "
World Peace Through Law by James Taylor Ranney Pdf
This book deals with the history and future of the concept of ‘world peace through law’ (WPTL), which advocates replacing the use of international force with the global rule of law. WPTL calls for replacing war with the global rule of law by arms reductions, including the abolition of nuclear weapons, global alternative dispute resolution mechanisms, and various enforcement mechanisms. This book sets forth a three-part proposal: 1) arms reductions – primarily the abolition of nuclear weapons, with necessarily concomitant reductions in conventional forces; 2) a four-stage system of global alternative dispute resolution (ADR), utilizing both law and equity; 3) adequate enforcement mechanisms, including a UN Peace Force. The core of this proposal is alternative dispute resolution mechanisms—international ADR. International ADR would consist of a four-stage process of compulsory negotiation, compulsory mediation, compulsory arbitration., and compulsory adjudication by the World Court. The fundamental proposition of this book is that the use of alternatives to war, global ADR, is the ultimate solution to the problem of peace. The full implementation of WPTL will entail a vast array of progressive initiatives on many fronts, including abolition of nuclear weapons, with the global rule of law being the capstone to all of these developments. This book will be of great interest to students of peace studies, arms control, international law, and world politics.
From War to the Rule of Law : Peace Building after Violent Conflicts by Wetenschappelijke Raad voor het Regeringsbeleid,Joris Voorhoeve Pdf
As recent events in Iraq demonstrate, countries that have suffered civil war or rule by military regime can face a long, difficult transition to peaceful democracy. Drawing on the experiences of Bosnia, Haiti, Rwanda and Afghanistan, this outstanding volume demonstrates that newly emerging democracies need more than emergency economic support: restoring the rule of law can involve the training of a new police force, for example, or the creation of an international war crimes tribunal. Concluding with specific recommendations for the UN and EU members,Voorhoeve reminds us that disregard for human rights or delay in civilian reconciliation can lead to resurgences of violence.
Promoting the Rule of Law Abroad by Thomas Carothers Pdf
"Over the past decade, Carothers has established himself as the leading U.S. expert on democracy promotion. He is a powerful critic not only of the nuts-and-bolts of democracy assistance but also of U.S. grand strategy overall."—SAIS Review Promoting the rule of law has become a major part of Western efforts to spread democracy and market economics around the world. Yet, although programs to foster the rule of law abroad have mushroomed, well-grounded knowledge about what factors ensure success, and why, remains scarce. In Promoting the Rule of Law Abroad, leading practitioners and policy-oriented scholars draw on years of experience—in Russia, China, Latin America, Central and Eastern Europe, the Middle East, and Africa—to critically assess the rationale, methods, and goals of rule-of-law policies. These incisive, accessible essays offer vivid portrayals and penetrating analyses of the challenges that define this vital but surprisingly little-understood field. Contributors include Rachel Belton (Truman National Security Project), Lisa Bhansali (World Bank), Christina Biebesheimer (World Bank), Thomas Carothers (Carnegie Endowment), Wade Channell, Stephen Golub, and David Mednicoff (University of Massachusetts, Amherst), Laure-Hélène Piron (Overseas Development Institute), Matthew Spence (Yale Law School), Matthew Stephenson (Harvard Law School), and Frank Upham (NYU School of Law).
Rule of Law After War and Crisis by Richard Zajac Sannerholm Pdf
Rule of law has emerged as an essential objective in assistance to post-conflict and post-crisis societies such as Somalia, Kosovo, Liberia and Egypt. 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. 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. Furthermore, there is a need for a reorientation of rule of law assistance to the core values of the concept in order to retain its independent and 'analytical bite', and to develop criteria that can guide reformers in the field. 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. About the book 'This compelling account of the role of international actors promoting rule of law in war to peace transitions argues that we have overreached. By prescribing value-laden rule of law reforms to formal justice institutions after war, we have created 'blind-spots': international actor accountability, informal and customary justice systems, and the procedures and outcomes of public administration. 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.' Professor Veronica L. Taylor, Australian National University and University of Washington 'In short, Sannerholm's pithy volume is an excellent primer for those interested in international rule of law reform efforts in countries emerging from war or crisis. He harbors 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 establishing it where it is absent.' Kendall L. Manlove in International Law and Politics (2013) 953 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.
Author : Sean Richmond Publisher : University of Toronto Press Page : 287 pages File Size : 47,8 Mb Release : 2021 Category : History ISBN : 9781487503468
This book tells the story of how two of America's closest allies, Canada and Britain, have sought to reconcile their security concerns with their legal obligations during two of the most significant international conflicts since the Second World War.
Civil War and the Rule of Law by Agnès G. Hurwitz,Reyko Huang Pdf
How do rule of law programs contribute to conflict management? What strategies best address the challenges to securing the rule of law in fragile countries? What place do rule of law policies have in efforts to achieve stable and equitable development?The authors of Civil War and the Rule of Law address these fundamental questions, analyzing rule of law programs in the context of conflict prevention, peacekeeping, and peacebuilding activities. Throughout the book, they emphasize the critical relationship linking the rule of law, security, development, and human rights.Agnes Hurwitz is in the Office of the President of the International Criminal Tribunal for the Former Yugoslavia. In 2004?2006 she headed the Rule of Law Project at the International Peace Academy. Reyko Huang, formerly a program officer at the International Peace Academy, is a doctoral candidate in political science at Columbia University.Contents: Civil War and the Rule of Law: Toward Security, Development, and Human Rights?A. Hurwitz. The Rule of Law: Conceptual Perspectives. Exploring the Rule of Law in Theory and Practice?R. Mani. Invoking the Rule of Law: International Discourses?B. Rajagopal. Conflict Prevention, Peacekeeping, and Peacebuilding. Conflict Prevention and the Rule of Law: Rhetoric and Reality?C.L. Sriram. UN Peacekeeping Operations and Rule of Law Programs?W.G. O?Neill. Transitional Codes: Laying the Foundation of the Rule of Law?C. Rausch and V. O?Connor. Transfer of Authority in Postconflict Operations: The Trope of Ownership?S. Chesterman. Addressing the Past: Reparations for Gross Human Rights Abuses?P. de Greiff. Linking Security, Development, and Human Rights. Beyond Restitution: Housing, Land, Property, and the Rule of Law?A. Hurwitz. Corruption: A Rule of Law Agenda?M. O?Donnell. Toward the International Rule of Law: Economic Instruments and Collective Security?L.B. de Chazournes. Counterterrorism and the Rule of Law?R. Huang. Conclusion. Conclusion?A. Hurwitz.
A Citizen’s Guide to the Rule of Law by Adis Nicolaidis, Kalypso Merdzanovic Pdf
In our daily lives, the rule of law matters more than anything and yet remains an invisible presence. We trust in the rule of law to protect us from governmental overreach, mafia godfathers, or the will of the majority. We take the rule of law for granted, often failing to recognize its demise—until it is too late. For under attack it is, not only in the growing number of authoritarian countries around the world but in Europe, too. As a citizen’s guide, this book explains in plain language what the rule of law is, why it matters, and why we have to defend it. The starting point is to ask why EU efforts to promote the rule of law in candidate countries have succeeded or failed, and what this tells us about what is happening inside the EU. The authors move on to suggest ways of strengthening the rule of law in Europe and beyond. This book is a call to action in defense of the most precious human invention of all time.
Modern war is law pursued by other means. Once a bit player in military conflict, law now shapes the institutional, logistical, and physical landscape of war. At the same time, law has become a political and ethical vocabulary for marking legitimate power and justifiable death. As a result, the battlespace is as legally regulated as the rest of modern life. In Of War and Law, David Kennedy examines this important development, retelling the history of modern war and statecraft as a tale of the changing role of law and the dramatic growth of law's power. Not only a restraint and an ethical yardstick, law can also be a weapon--a strategic partner, a force multiplier, and an excuse for terrifying violence. Kennedy focuses on what can go wrong when humanitarian and military planners speak the same legal language--wrong for humanitarianism, and wrong for warfare. He argues that law has beaten ploughshares into swords while encouraging the bureaucratization of strategy and leadership. A culture of rules has eroded the experience of personal decision-making and responsibility among soldiers and statesmen alike. Kennedy urges those inside and outside the military who wish to reduce the ferocity of battle to understand the new roles--and the limits--of law. Only then will we be able to revitalize our responsibility for war.
