Customary Justice and the Rule of Law in War-torn Societies - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Customary Justice and the Rule of Law in War-torn Societies write by Deborah Isser. This book was released on 2011. Customary Justice and the Rule of Law in War-torn Societies available in PDF, EPUB and Kindle. 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. "
Harmonizing Customary Justice with the Rule of Law? A Sub-national Case Study of Liberal Peacebuilding in Sierra Leone and Liberia
Harmonizing Customary Justice with the Rule of Law? A Sub-national Case Study of Liberal Peacebuilding in Sierra Leone and Liberia - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Harmonizing Customary Justice with the Rule of Law? A Sub-national Case Study of Liberal Peacebuilding in Sierra Leone and Liberia write by Mohamed Sesay. This book was released on 2017. Harmonizing Customary Justice with the Rule of Law? A Sub-national Case Study of Liberal Peacebuilding in Sierra Leone and Liberia available in PDF, EPUB and Kindle. "One of the greatest conundrums facing postwar reconstruction in non-Western countries is the resilience of customary justice systems whose procedural and substantive norms are often inconsistent with international standards. Also, there are concerns that subjecting customary systems to formal regulation may undermine vital conflict resolution mechanisms in these war-torn societies. However, this case study of peacebuilding in Sierra Leone and Liberia finds that primary justice systems interact in complex ways that are both mutually reinforcing and undermining, depending on the particular configuration of institutions, norms, and power in the local sub-national context. In any scenario of formal and informal justice interaction (be it conflictual or cooperative), it matters whether the state justice system is able to deliver accessible, affordable, and credible justice to local populations and whether justice norms are in line with people's conflict resolution needs, priorities, and expectations. Yet, such interaction between justice institutions and norms is mediated by underlying power dynamics relating to local political authority and access to local resources. These findings were drawn from a six-month fieldwork that included collection of documentary evidence, observation of customary courts, and in-depth interviews with a wide range of stakeholders such as judicial officials, paralegals, traditional authorities, as well as local residents who seek justice in multiple forums. Comparative analysis was largely sub-national in order to capture multiple layers of complexity in the traditional authority structure as well as important regional variation in Sierra Leone and Liberia." --
Rule of Law After War and Crisis
Rule of Law After War and Crisis - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Rule of Law After War and Crisis write by Richard Zajac Sannerholm. This book was released on 2012. Rule of Law After War and Crisis available in PDF, EPUB and Kindle. 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.
Promoting the Rule of Law in Post-Conflict States
Promoting the Rule of Law in Post-Conflict States - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Promoting the Rule of Law in Post-Conflict States write by Laura Grenfell. This book was released on 2013-07-11. Promoting the Rule of Law in Post-Conflict States available in PDF, EPUB and Kindle. In most post-conflict states, a strong level of legal pluralism is the norm, particularly in regions of Africa and Asia where between eighty and ninety per cent of disputes are resolved through non-state legal mechanisms. The international community, in particular the United Nations, persistently drives the re-establishment of the rule of law in war-torn areas where, traditionally, customary law is prevalent. Laura Grenfell traces the international community's evolving understanding of the rule of law in such regions and explores the implications of strong legal pluralism for the rule-of-law enterprise. Using the comparative examples of two unique case studies, South Africa and Timor-Leste, Promoting the Rule of Law in Post-Conflict States provides insight into the relationship between the rule of law and legal pluralism. Alongside these studies, the book offers a comprehensive introduction to the conceptual framework of the rule of law in the context of approaches taken by the international community.
Informal Justice and the International Community in Afghanistan
Informal Justice and the International Community in Afghanistan - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Informal Justice and the International Community in Afghanistan write by Noah Coburn. This book was released on 2013. Informal Justice and the International Community in Afghanistan available in PDF, EPUB and Kindle.
