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to what extent could the international community agree
some states and leaders consider whether if such a situation
Freedom aimed at defeating Taliban and alQaeda remnants76 while thirty
V LOCAL PERCEPTIONS OF AN INTERVENTIONS LEGITIMACY
we term the synergistic approach to the rule of law
As the previous chapter noted there are profound questions about
ICHR in cooperation with the Ofﬁce of the UN High
domestic lawmaking processes to include a role for civil society
is mutually dependent and must work well together as a
within key states These teams can work with domestic reformers
International police must themselves set a positive example and be
to providing acceptable living conditions for all detainees the system
wardens and those in leadership positions as well as prison
Efforts to create the rule of law in societies that
Borrowing a term from biology is a useful way to
Blueprints for PostConﬂict Governance
help transcend internal differences and forge a new national consensus
the difference in outcome it does illustrate the critical importance
to the CNRT draft highlights a concern expressed by a
III BLUEPRINTS FOR RESOLVING IDENTITYBASED CONFLICTS
terminology to block legislation it deems inimical to its vital
The most obvious problem is that consociationalism depends on intere
would have been at least in signiﬁcant part rule by
a complicated constitutional politics that renders straight majoritarian
Security as Sine Qua Non
When state institutions are this weak opportunistic elements in society
For the same reasons an insecure environment is extremely hostile
to one US ofﬁcial looting and sabotage doubled the cost
Either way the absence of acceptable indigenous security forces creates
international civilian police forces over the medium term and supplanted
THE WARLORD CHALLENGE
will invariably take advantage Unlike interveners spoilers are there for
deal with the obstructionist tactics of some Somali warlords As
The ripple effects of the refusal to confront Taylor in
Nations Assistance Mission for Sierra Leone UNAMSIL was dispatched
motivated insurgents with signiﬁcant popular support as in Afghanistan and
efforts requires the reconstitution of domestic security and justice
The Challenge of Justice System Reform
I THE SYNERGISTIC APPROACH TO JUSTICE SYSTEM REFORM
In particular postconﬂict situations it may prove challenging indeed to
In Afghanistan it was much the same story The Ministry
need for substantial international involvement expertise and resources to
capacitybuilding We also examine the critically important problems of
Serb judges have been reluctant to serve for political
reforms193 But the process of judicialreform more broadly will require
coordinate with other organizations to maintain active rosters of interested
to be slow ineffective and corrupt as long as
prospects for increasing judicial impartiality are dim Judicial reform expert
give ordinary people a stake in rule of law reforms
Trends on the ground to some degree are overtaking this
demonstration effects Hybrid tribunals or truth commissions located in the
Several factors have undercut the ICTYs ability to demonstrate to
some extent The release and repeated broadcast in Serbia of
capacitybuilding particularly given Rwandas desire to undertake domestic
report has not been presented publicly in East Timor
this and the challenges are immense as the previous chapter
V DOMESTIC APPROACHES TO ACCOUNTABILITY
Domestic prosecutions if they are conducted in a credible manner
is profoundly eroding public conﬁdence in the rule of law
The challenge of course will be how seriously these goals
Creating Rule of Law Cultures
and antipoverty programs and that creatively use media and popular
Many Americans both military personnel and civilians have worked
At the end of the chapter we summarize what we
have been virtually irrelevant in rural areas or among less
In the ﬁeld the United Nations has experimented with various
civilian responsibilities for the United Nations with assistance from the
in Iraq Prewar warnings about the difﬁculty of rebuilding Iraq
6 x 10.5 Three line title.p65
CAN MIGHT MAKE RIGHTS? This book looks at why it is so difficult to create “the rule of law” in post-. conflict societies such as Iraq and Afghanistan and ...
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Stromseth, Jane, David Wippman, and Rosa Brooks. Can Might Make ...
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Harvard International Review: Rebuilding Justice
Can Might Make Rights? Building the Rule of Law After Military Interventions is by Jane Stromseth, David Wippman, and Rosa Brooks (Cambridge University ...
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3 Jane Stromseth, David Wippman & Rosa Brooks, Can Might Make Rights? Building the Rule of Law After Military Interventions (Cambridge University Press ...
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On the Rules of Law, or “De regulis iuris” (work by Bulgarus ...
Can Might Make Rights? Building the Rule of Law After Military Interventions. By: Ikenberry, G. John. Foreign Affairs, May/Jun2007, Vol. ...
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PURSUING ACCOUNTABILITY FOR ATROCITIES AFTER CONFLICT: WHAT IMPACT ...
This article is drawn from Chapter Seven of CAN MIGHT MAKE RIGHTS? BUILDING THE RULE OF LAW AFTER MILITARY INTERVENTIONS by Jane Stromseth, David Wippman, ...
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