Can Might Make Rights?: Building the Rule of Law after Military Interventions (Google eBook)

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Cambridge University Press, Sep 25, 2006 - Law
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This book looks at why it's so difficult to create 'the rule of law' in post-conflict societies such as Iraq and Afghanistan, and offers critical insights into how policy-makers and field-workers can improve future rule of law efforts. A must-read for policy-makers, field-workers, journalists and students trying to make sense of the international community's problems in Iraq and elsewhere, this book shows how a narrow focus on building institutions such as courts and legislatures misses the more complex cultural issues that affect societal commitment to the values associated with the rule of law. The authors place the rule of law in context, showing the interconnectedness between the rule of law and other post-conflict priorities, such as reestablishing security. The authors outline a pragmatic, synergistic approach to the rule of law which promises to reinvigorate debates about transitions to democracy and post-conflict reconstruction.
  

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Contents

A New Imperialism?
1
to what extent could the international community agree
30
some states and leaders consider whether if such a situation
33
Freedom aimed at defeating Taliban and alQaeda remnants76 while
43
V LOCAL PERCEPTIONS OF AN INTERVENTIONS LEGITIMACY
52
A Pragmatic
56
we term the synergistic approach to the rule of law
58
As the previous chapter noted there are profound questions about
65
domestic lawmaking processes to include a role for civil society
200
is mutually dependent and must work well together as a
203
violent crimes against women is necessary Haitis fourmonth training course
211
within key states These teams can work with domestic reformers
213
International police must themselves set a positive example and be
214
to providing acceptable living conditions for all detainees the system
221
wardens and those in leadership positions as well as prison
222
need for substantial international involvement expertise and resources to
226

Efforts to create the rule oflaw in societies that lack
77
Borrowing a term from biology is a useful way to
81
Blueprints for PostConflict Governance
85
help transcend internal differences and forge a new national consensus
88
the difference in outcome it does illustrate the critical importance
99
to the CNRT draft highlights a concern expressed by a
105
III BLUEPRINTS FOR RESOLVING IDENTITYBASED CONFLICTS
106
terminology to block legislation it deems inimical to its vital
108
The most obvious problem is that consociationalism depends on
109
would have been at least in significant part rule by
113
a complicated constitutional politics that renders straight majoritarian
118
Security as Sine Qua Non
134
When state institutions are this weak opportunistic elements in society
139
For the same reasons an insecure environment is extremely hostile
143
to one US official looting and sabotage doubled the cost
146
international civilian police forces over the medium term and supplanted
152
THE WARLORD CHALLENGE
154
will invariably take advantage Unlike interveners spoilers are there for
156
deal with the obstructionist tactics of some Somali warlords As
157
The ripple effects of the refusal to confront Taylor in
158
Nations Assistance Mission for Sierra Leone UNAMSIL was dispatched
159
motivated insurgents with significant popular support as in Afghanistan and
165
efforts requires the reconstitution of domestic security and justice
172
providing security and to rebuilding domestic security capabilities and the
176
The Challenge of Justice System Reform
178
I THE SYNERGISTIC APPROACH TO JUSTICE SYSTEM REFORM
181
In particular postconflict situations it may prove challenging indeed to
183
THE IMPORTANCE
188
transforming
192
ICHR in cooperation with the Office of the UN High
198
capacitybuilding We also examine the critically important problems of
230
Serb judges have been reluctant to serve for political
232
reforms193 But the process ofjudicial reform more broadly will require
234
coordinate with other organizations to maintain active rosters of interested
240
to be slow ineffective and corrupt as long as
242
prospects for increasing judicial impartiality are dim Judicial reform expert
243
give ordinary people a stake in rule of law reforms
246
Trends on the ground to some degree are overtaking this
252
demonstration effects Hybrid tribunals or truth commissions located in the
263
Several factors have undercut the ICTYs ability to demonstrate to
269
some extent The release and repeated broadcast in Serbia of
271
report has not been presented publicly in East Timor
289
this and the challenges are immense as the previous chapter
299
V DOMESTIC APPROACHES TO ACCOUNTABILITY
301
Domestic prosecutions if they are conducted in a credible manner
302
is profoundly eroding public confidence in the rule of law
304
The challenge of course will be how seriously these goals
305
CONCLUSION
307
Creating Rule of Law Cultures
310
and antipoverty programs and that creatively use media and popular
316
Many Americans both military personnel and civilians have worked
324
At the end of the chapter we summarize what we
330
have been virtually irrelevant in rural areas or among less
335
r
343
In the field the United Nations has experimented with various
359
civilian responsibilities for the United Nations with assistance from the
360
in Iraq Prewar warnings about the difficulty of rebuilding Iraq
365
At the same time interveners and local actors both have
386
Conclusion
388

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About the author (2006)

Jane Stromseth is Professor of Law at Georgetown University Law Center where she teaches in the fields of international law and constitutional law. She has written widely on international law governing the use of force, humanitarian intervention, accountability for human rights atrocities, and constitutional war powers. She is editor and contributor to Accountability for Atrocities: National and International Responses (2003), contributor to Humanitarian Intervention: Ethical, Legal, and Political Dilemmas (Cambridge University Press, 2003), contributor to Enforcing Restraint: Collective Intervention in Internal Conflicts (1993), contributor to The US Constitution and the Power to Go to War (1994), and author of The Origins of Flexible Response: NATO's Debate over Strategy in the 1960s (1988). She has published in law journals including the American Journal of International Law, the Yale Law Journal, and the Georgetown Law Journal, and she has appeared on CNN, NBC, C-SPAN, and National Public Radio. She has served in government as a Director for Multilateral and Humanitarian Affairs at the National Security Council (1999–2000), and as an Attorney-Adviser in the Office of the Legal Adviser at the US Department of State (1989–90). A Rhodes Scholar, Stromseth holds a doctorate in International Relations from Oxford University, a law degree from Yale Law School, and a BA degree from Swarthmore College. She serves on the Editorial Board of the American Journal of International Law.

Rosa Brooks is a Professor at Georgetown University Law Center and an Associate Professor at the University of Virginia School of Law. She is a consultant for the Human Rights Watch and for the President's Office at the Open Society Institute. She was on the Board of Directors for Amnesty International USA from 2002–3 and a Fellow at the Carr Center for Human Rights Policy at the Kennedy School of Government from 2000–1. She also worked for the US Department of State as a Senior Advisor in the Bureau of Democracy, Human Rights and Labor. Brooks is a weekly columnist for The Los Angeles Times. She has written articles for The Washington Post and Harpers and published in scholarly journals such as The University of Chicago Law Review, Michigan Law Review, Georgetown Law Review and The Yale Journal of Law and Feminism.

David Wippman is Vice Provost for International Relations, Cornell University, and Professor of Law at Cornell University Law School. He previously served as: Partner in Reichler and Appelbaum, a firm specializing in the representation of developing countries, 1984–92; as a Director in the office of Multilateral and Humanitarian Affairs, National Security Council, 1998–9; visiting scholar, University of Ulster, 2000–3; associate dean, Cornell Law School, 2004. Wippman is co-author of International Law: Norms, Actors, Process (2002, with Steve Ratner and Jeff Dunoff); co-editor and contributor, New Wars, New Laws? Applying the Laws of War in 21st Century Conflicts (2005).

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