Justice in Times of Transition: Lessons from the Iberian Experience

A key contention of the transitional justice movement is that the more comprehensive and vigorous the effort to bring justice to a departed authoritarian regime the better the democratizing outcome will be. This essay challenges this view with empirical evidence from the Iberian Peninsula. In Portugal, a sweeping policy of purges intended to cleanse the state and society of the authoritarian past nearly derailed the transition to democracy by descending into a veritable witch-hunt. In Spain, by contrast, letting bygones be bygones, became a foundation for democratic consolidation. These counter-intuitive examples suggest that there is no pre-ordained outcome to transitional justice, and that confronting an evil past is neither a requirement nor a pre-condition for democratization. This is primarily because the principal factors driving the impulse toward justice against the old regime are political rather than ethical or moral. In Portugal, the rise of transitional justice mirrored the anarchic politics of the revolution that lunched the transition to democracy. In Spain, the absence of transitional justice reflected the pragmatism of a democratic transition anchored on compromise and consensus.

Kosovo: Four Futures

The recent opinion by the International Court of Justice on the legality of Kosovo’s declaration of independence has not provided a definitive answer to Kosovo’s status. The International community remains divided. For this reason, a political solution will need to be found. Possible scenarios for the future of Kosovo include continuation of the status quo; enforcing Pristina’s full authority across all of Kosovo; partition or partial territorial readjustment between Kosovo and Serbia; or some form of extended autonomy for northern Kosovo. While each of the models has its advantages and drawbacks, on balance the case for some form of extensive autonomy or a territorial readjustment remain the most compelling options for resolving the conflict in a manner most acceptable to Belgrade and Pristina, and which would open the way for Kosovo to gain wider, if not full, international acceptance.

The ideological roots of failure: the application of kinetic neo-liberalism to Iraq

This article argues that American policy towards Iraq went through four major shifts between the invasion in 2003 and the announcement of the surge in 2007. The best way to understand the Bush administration’s evolving policy towards Iraq is by examining the ideological parameters within which it was made. The article assesses various approaches to understanding the relationship between ideology, policy making and foreign policy, concluding that ideology shapes the paradigm and analytical categories within which foreign policy is made. A major change in foreign policy originates either from the decision-maker consciously recognizing and attempting to rework the ideational parameters within which policy is made or in reaction to ‘discrepant information’ or ‘anomalies’ that destabilize the paradigm and its analytical categories. The article goes on to examine the extent to which both neo-liberalism and neo-conservatism shaped George W. Bush’s foreign policy. It identifies a series of major analytical categories that originate from within these two doctrines and shaped policy towards Iraq. The article argues that the four major shifts in Bush’s policy towards Iraq were forced upon the administration by the rising tide of politically motivated violence. Ultimately this violence forced Bush to abandon the major analytical categories that, up to 2007, had given his policy coherence. In order to extricate his administration from the quagmire that Iraq had become by 2006, Bush totally transformed his approach, dropping the previously dominant neo-liberal paradigm and adopting a counter-insurgency doctrine.

International sanctions or international justice? Shaping political development in Myanmar

International sanctions, which commonly seek to engineer target state compliance with human rights norms, often fail to deliver on their objectives. In recent years, however, a fresh approach has emerged through the rise of international justice, which can act as either a complement or an alternative to sanctions. In this article, the authors develop three hypotheses. Political change will be facilitated by: (1) lifting sanctions; (2) guarantees of non-prosecution; or (3) lifting sanctions combined with guarantees of non-prosecution. The authors test the hypotheses on Myanmar, a country that has long been subject to international sanctions, but that has rarely complied with human rights norms. Myanmar is also situated in a region where international justice is currently being applied through prosecution of former Khmer Rouge leaders in Cambodia. The authors’ test was undertaken in June 2010 through a vignette-based expert survey that manipulated international sanctions, international justice and their absence in a 2 x 2 factorial design. The findings point to the need for a consistent approach. Lifting sanctions and guarantees of non-prosecution, when applied in tandem, are thought likely to promote political change. At the other extreme, imposing sanctions and prosecuting state leaders, when done together, are also viewed as facilitators of political change, though support is considerably smaller.

American and European Responses to the Arab Spring: What’s the Big Idea?

The Arab countries straddle the lifelines of world trade. They link Europe to Asia and, with Iran, surround the Persian Gulf home to some 54 percent of global oil reserves. The region’s many international and domestic disputes, as well as restraints on political expression and human rights, have spawned extremism. In turn, the region’s endemic instability or perceived risk of instability has provided cover for some of the world’s most authoritarian and corrupt regimes. Until the turn of this year, the Arab countries had almost uniformly resisted the process of democratization that swept up other regions in recent decades. The series of popular revolts known as the Arab Spring, which began in Tunisia in the last weeks of 2010, has already wrought more change in six months than the region had seen in almost 60 years and there is more to come. Whether or not the Arab peoples’ aspirations for dignity and voice are fulfilled, and how smoothly transitions to democracy proceed, are not just great moral questions they will also determine the region’s stability and its economic prospects for decades to come. At the same time, getting on a path of sound economic growth will greatly enhance the chances that transitions to democracy succeed.

Security Sector Reform and Transitional Justice in Kosovo: Comparing the Kosovo Security Force and Police Reform Processes

Transitional justice and security sector reform are critical in post-conflict settings, particularly regarding the reform of judicial systems, intelligence services, police, correctional systems, the military, and addressing systemic massive human rights abuses committed by individuals representing these institutions. Accordingly, the relationship between security sector reform and transitional justice mechanisms, such as vetting, the representation of ethnic minorities in key institutions, the resettlement and reintegration of the former combatants deserve special attention from scholars. This article presents a comparative analysis of the reform of police and security forces in Kosovo, and explores the causes of different outcomes of these two processes.

Reconstructing Iraq’s economy

To establish even a marginally functioning economy out of the wreckage of Iraq would have been a daunting task. Despite decades of a heavily controlled, state-run economy; the deterioration caused by a succession of wars; a decade of international sanctions; and the looting and sabotage that followed the 2003 war, the U.S. government set its sights high after toppling Saddam Hussein: to create a liberal, market-based Iraqi economy, a key piece of its broader goal to bring democracy to Iraq.

Votes and Violence: Evidence from a Field Experiment in Nigeria

Elections are now common in low-income societies. However, they are frequently flawed. We investigate a Nigerian election marred by violence. We designed and conducted a nationwide field experiment based on anti-violence campaigning. The campaign appealed to collective action through electoral participation, and worked through town meetings, popular theatres and door-to-door distribution of materials. We find that the campaign decreased violence perceptions and increased empowerment to counteract violence. We observe a rise in voter turnout and infer that the intimidation was dissociated from incumbents. These effects are accompanied by a reduction in the intensity of actual violence, as measured by journalists.

Greed and Grievance in Civil War

May 2000 Of the 27 major armed conflicts that occurred in 1999, all but two took place within national boundaries. As an impediment to development, internal rebellion especially hurts the world’s poorest countries. What motivates civil wars? Greed or grievance? Collier and Hoeffler compare two contrasting motivations for rebellion: greed and grievance. Most rebellions are ostensibly in pursuit of a cause, supported by a narrative of grievance. But since grievance assuagement through rebellion is a public good that a government will not supply, economists predict such rebellions would be rare. Empirically, many rebellions appear to be linked to the capture of resources (such as diamonds in Angola and Sierra Leone, drugs in Colombia, and timber in Cambodia). Collier and Hoeffler set up a simple rational choice model of greed-rebellion and contrast its predictions with those of a simple grievance model. Some countries return to conflict repeatedly. Are they conflict-prone or is there a feedback effect whereby conflict generates grievance, which in turn generates further conflict? The authors show why such a feedback effect might be present in both greed-motivated and grievance rebellions. The authors’ results contrast with conventional beliefs about the causes of conflict. A stylized version of conventional beliefs would be that grievance begets conflict, which begets grievance, which begets further conflict. With such a model, the only point at which to intervene is to reduce the level of objective grievance. Collier and Hoeffler’s model suggests that what actually happens is that opportunities for predation (controlling primary commodity exports) cause conflict and the grievances this generates induce dias-poras to finance further conflict. The point of policy intervention here is to reduce the absolute and relative attraction of primary commodity predation and to reduce the ability of diasporas to fund rebel movements. This paper – a product of the Development Research Group – is part of a larger effort in the group to study civil war and criminal violence

Does Bosnia Need a Truth and Reconciliation Commission? Some Reflections on its Possible Design

There is increasing debate within the former Yugoslavia regarding the possible creation of a truth and reconciliation commission (TRC). The RECOM coalition, formed in 2008, is committed to the idea of a regional TRC. This article, however, argues that a regional approach to truth-seeking is premature at this stage and thus focuses on the national level—and specifically on Bosnia-Herzegovina (BiH). The article’s twofold objective is to explore whether BiH needs a TRC and, if so, what this TRC should look like. This is an empirical article that draws upon the author’s fieldwork at the International Criminal Tribunal for the former Yugoslavia, in BiH and in South Africa.

The ICTY and Reconciliation in Croatia. A Case Study of Vukovar

The International Criminal Tribunal for the former Yugoslavia (ICTY) is due to finish its work in 2014, and hence this is an important time to reflect on its legacy. This article is concerned with the Tribunal’s micro legacy and its impact on the ground. While existing research on impact has tended to overwhelmingly centre on Bosnia–Herzegovina (BiH), this article shifts the focus to Croatia and looks specifically at whether and to what extent the ICTY has aided reconciliation between Serbs and Croats in the town of Vukovar. Based on fieldwork in Vukovar, the research uses three key measurement criteria to assess the Tribunal’s impact on reconciliation — perceptions of the ICTY, acknowledgement of its judgments and the nature of inter-ethnic relations on the ground. Defining reconciliation as the repair and restoration of relationships and the re-building of trust, it argues that the ICTY has not contributed to reconciliation in Vukovar. Yet since the reasons for this are case study- and institution-specific, this research does not permit the conclusion that criminal trials can never aid reconciliation. What it highlights, however, is that retributive justice should not be over-relied upon to aid reconciliation.

When Peacebuilding Contradicts Statebuilding: Notes from the Arid Lands of Kenya

Local peace initiatives have been introduced in post-conflict settings in aid of statebuilding processes. However, contradictions in such efforts that undermine the state become apparent in a development context when government institutions are, generally, functioning. Peacebuilding initiatives in the arid lands of Kenya are a good example of this. While they have proved successful in resolving conflicts at the local level, they challenge the state structure in three ways. First, some of their features run counter to the official laws of Kenya and jeopardize the separation of powers. Second, they pose a dilemma, since their success and legitimacy are based on grassroots leadership and local concepts of justice. Both can be at odds with democratic decision-making, inclusiveness and gender equity. Third, they provide yet another tool for abuse by politicians and other local leaders. This reveals a dilemma: aspects of peacebuilding can actually undermine a statebuilding endeavour.

Justice Versus Peace in Northern Kenya

The conflicting relationship between peace and justice is frequently debated in the field of transitional justice. The obligation to prosecute serious crimes can contradict the measures necessary to reestablish peace among society. The predicament gives rise to a similar, though less obvious, challenge in many developing countries, where the formal justice system can be at odds with conflict management initiatives. Often, due to their inaccessibility or
incompatibility with local socio-cultural norms, official justice institutions in developing countries do not fully penetrate the whole of society. In response, conflict management and peacebuilding initiatives have proven to be more flexible and responsive to socio-political realities. While such initiatives may be more efficient in reestablishing the peace between communities in conflict, they may contradict the official law. Current policy efforts and practices in the arid lands of Kenya illustrate this dilemma. Official justice institutions have proven too weak or ill-suited to prevent or resolve conflicts between local communities. To address the prevailing tensions, local ad hoc peace initiatives have developed, which operate on the basis of local norms and include local stakeholders. Given their relative success, some high level state agents have embraced the initiatives. The Office of the President is currently drafting a national policy framework on conflict management and peacebuilding, which is in part based on the experiences in the arid lands. Such a policy framework will ultimately have to deal with a similar dilemma known from the field of
transitional justice: a decision between the establishment of peace and the application of formal justice may be required.

Understanding Civil War : Evidence and Analysis, Volume 1. Africa

The two volumes of Understanding Civil War build upon the World Bank’s prior research on conflict and violence, particularly on the work of Paul Collier and Anke Hoeffler, whose model of civil war onset has sparked much discussion on the relationship between conflict and development in what came to be known as the “greed” versus “grievance” debate. The authors systematically apply the Collier-Hoeffler model to 15 countries in 6 different regions of the world, using a comparative case study methodology to revise and expand upon economic models of civil war. (The countries selected are Burundi, Congo, Democratic Republic of Congo, Nigeria, Kenya, Mozambique, Sudan, Algeria, Mali, Senegal, Indonesia, Lebanon, Russian Federation, Colombia, Northern Ireland, Bosnia-Herzegovina, Macedonia, and the Caucasus.) The book concludes that the “greed” versus “grievance” debate should be abandoned for a more complex model that considers greed and grievance as inextricably fused motives for civil war.

Understanding Civil War : Evidence and Analysis, Volume 2. Europe, Central Asia, and Other Regions

The two volumes of Understanding Civil War build upon the World Bank’s prior research on conflict and violence, particularly on the work of Paul Collier and Anke Hoeffler, whose model of civil war onset has sparked much discussion on the relationship between conflict and development in what came to be known as the “greed” versus “grievance” debate. The authors systematically apply the Collier-Hoeffler model to 15 countries in 6 different regions of the world, using a comparative case study methodology to revise and expand upon economic models of civil war. (The countries selected are Burundi, Congo, Democratic Republic of Congo, Nigeria, Kenya, Mozambique, Sudan, Algeria, Mali, Senegal, Indonesia, Lebanon, Russian Federation, Colombia, Northern Ireland, Bosnia-Herzegovina, Macedonia, and the Caucasus.) The book concludes that the “greed” versus “grievance” debate should be abandoned for a more complex model that considers greed and grievance as inextricably fused motives for civil war.

The Trauma of Truth Telling: Effects of Witnessing in the Rwandan Gacaca Courts on Psychological Health

Truth telling has come to play a pivotal role in postconflict reconciliation processes around the world. A common claim is that truth telling is healing and will lead to reconciliation. The present study applies recent psychological research to this issue by examining whether witnessing in the gacaca, the Rwandan village tribunals for truth and reconciliation after the 1994 genocide, was beneficial for psychological health. The results from the multistage, stratified cluster random survey of 1,200 Rwandans demonstrate that gacaca witnesses suffer from higher levels of depression and PTSD than do nonwitnesses, also when controlling for important predictors of psychological ill health. Furthermore, longer exposure to truth telling has not lowered the levels of psychological ill health, nor has the prevalence of depression and PTSD decreased over time. This study strongly challenges the claim that truth telling is healing and presents a novel understanding of the complexity of truth-telling processes in postconflict peace building.

Peace Stillborn? Guatemala’s Liberal Peace and the Indigenous Movement

This article analyses the relationship between Guatemala’s protracted internationally sponsored peace process (1987–96) and the country’s indigenous movement. The impact of the peace process and its emancipatory potential was ultimately limited by the intransigence of triumphalist national military, economic and political elites and the acute limitations imposed by the liberal peace framework in the aftermath of the United Nations’ Agenda for Peace. Negotiations did not respond adequately to the underlying structural causes of armed conflict, nor did they represent or incorporate sufficiently the historical demands and cultural focus of Guatemala’s majority indigenous population, undergirded as they were by a restricted rights framework that coincided with the liberal peace parameters. Indigenous actors nevertheless took advantage of the embedded liberal peace and the political space it afforded, developing hybrid political forms to make visible their historical demands and establish an incipient peace infrastructure.

Rushing to the Polls: The Causes of Premature Postconflict Elections

In the post—cold war period, civil wars are increasingly likely to end with peace settlements brokered by international actors who press for early elections. However, elections held soon after wars end, when political institutions remain weak, are associated with an increased likelihood of a return to violence. International actors have a double-edged influence over election timing and the risk of war, often promoting precarious military stalemates and early elections but sometimes also working to prevent a return to war through peacekeeping, institution building, and powersharing. In this article, we develop and test quantitatively a model of the causes of early elections as a building block in evaluating the larger effect of election timing on the return to war.

Revenge and reprisal violence in Kosovo

One of the most often reported but under-studied phenomenon in post-conflict states is that of revenge violence. While such violence is widely acknowledged to occur after wars, it is often dismissed as epiphenomenal to the central problem of restoring order and good governance in the state. This paper seeks to refocus attention on this phenomenon and challenge the way that it is normally portrayed as a normal, almost incidental consequence of armed conflict. It develops an ideal-type distinction between revenge violence and its strategic mirror, reprisal violence. While revenge violence is premised on a judgement of individual responsibility for a prior act of harm, reprisal violence is driven by an assumption of collective guilt. This paper argues that these two types of violent activity—one expressive and the other strategic—are often intermixed in post-conflict states. Moreover, the interplay between them provides political cover for those who would employ violence to achieve strategic or political goals, while lowering the risks involved when doing so by attributing it to revenge for wartime atrocities. In effect, the fact that revenge and reprisal violence are mirror images of one another can serve to explain and subtly justify the use of organised violence against disadvantaged groups in post-conflict states. This paper examines the validity of this heuristic distinction through a within-case analysis of violence in Kosovo from 1999 to 2001 and identifies the policy consequences of this distinction.

How to Assess Social Reintegration of Ex-Combatants

The social reintegration of ex-combatants is one of the most critical aspects of peacebuilding processes. However, contrary to economic reintegration in which it would be possible to set up some quantitative indicators in terms of accessing vocational training opportunities, employment and livelihoods income for the assessment of success, social reintegration is an intangible outcome. Therefore, what constitutes a successful social reintegration and how it could be assessed continues to be the challenge for both academics and practitioners. This article will undertake an investigation of the preliminary parameters of social reintegration at the macro, meso and micro levels in order to identify a set of indicators for programme assessment. A nuanced understanding of ex-combatant reintegration is expected to allow the development of context-based indicators according to the specific characteristics of that particular environment. The article also recommends the use of participatory research methods as they would be more appropriate for the measurement of social reintegration impact.

Gender, Conflict, and Development

This book highlights the gender dimensions of conflict, organized around major relevant themes such as female combatants, sexual violence, formal and informal peace processes, the legal framework, work, the rehabilitation of social services and community-driven development. It analyzes how conflict changes gender roles and the policy options that might be considered to build on positive aspects while minimizing adverse changes. The suggested policy options and approaches aim to take advantage of the opportunity afforded by violent conflict to encourage change and build more inclusive and gender balanced social, economic and political relations in post-conflict societies. The book concludes by identifying some of the remaining challenges and themes that require additional analysis and research.

The European Union’s role in the Palestinian Territories: state-building through Security Sector Reform?

The aim of this article is to shed light on the distinctive role of the EU in Security Sector Reform (SSR) in the case of the Occupied Palestinian Territories (OPTs) and examine how SSR has contributed to the overall state-building project. Following the Oslo Accords, the EU engaged actively in the state-building project in the OPTs taking a number of initiatives on the ground. Since then security has been a key issue in all Israeli–Palestinian agreements and has also became synonymous with Palestinian statehood. The article draws upon literature on state-building and SSR and its central aim is to examine the distinctive initiatives that the EU has taken in order to help the Palestinian Authority (PA) reform both its security and judiciary sector as part of its broader state-building strategy towards the OPTs, as well as provide explanations on why these policies had limited impact.

Non-discriminatory Rules and Ethnic Representation: The Election of the Bosnian State Presidency

The electoral system for the state presidency of Bosnia and Herzegovina guarantees the representation of the three constituent people, Bosniaks, Serbs and Croats, but it violates the political rights of other ethnic minorities and of citizens who do not identify themselves with any ethnic group. Following the 2009 judgment of the European Court of Human Rights, Bosnia was urged to reform its electoral law. This paper discusses alternative practices of ethnically based political representation and their possible application in the Bosnian state presidency elections. Several innovative electoral models that satisfy fair political and legal criteria for desirable electoral dynamics in divided societies can be envisaged in the Bosnian context. Specifically, these are: the introduction of a single countrywide electoral district, the adoption of the single non-transferable vote, and the application of a geometrical mean rule. They guarantee the representation of the three constituent people, while strengthening inter-ethnic voting and giving chances to non-nationalist candidates to be elected.

Armed conflict and post-conflict justice, 1946–2006: A dataset

This article introduces a new dataset on post-conflict justice (PCJ) that provides an overview of if, where, and how post-conflict countries address the wrongdoings committed in association with previous armed conflict. Motivated by the literature on post-conflict peacebuilding, we study justice processes during post-conflict transitions. We examine: which countries choose to implement PCJ; where PCJ is implemented; and which measures are taken in post-conflict societies to address past abuse. Featuring justice and accountability processes, our dataset focuses solely on possible options to address wrongdoings that are implemented following and relating to a given armed conflict. These data allow scholars to address hypotheses regarding justice following war and the effect that these institutions have on transitions to peace. This new dataset includes all extrasystemic, internationalized internal, and internal armed conflicts from 1946 to 2006, with at least 25 annual battle-related deaths as coded by the UCDP/PRIO Armed Conflict Dataset. The post-conflict justice (PCJ) efforts included are: trials, truth commissions, reparations, amnesties, purges, and exiles. By building upon the UCDP/PRIO Armed Conflict Dataset, scholars interested in PCJ can include variables regarding the nature of the conflict itself to test how PCJ arrangements work in different environments in order to better address the relationships between justice, truth, and peace in the post-conflict period.

The Birth of South Sudan and the Challenges of Statebuilding

This paper examines some key statebuilding challenges confronting South Sudan in the aftermath of the January 2011 referendum that separated this region from the Republic of Sudan. Following the referendum, the two states—the Republic of Sudan and South Sudan—face the immediate challenge of negotiating the terms of their relationship over a number of critical issues, including: the future of the contested border town of Abyei, the problem of how to divide oil revenues, the definition and demarcation of the border between the two entities, and the establishment of a citizenship regime. At the same time, even if a settlement between the two over these issues was reached, South Sudan’s internal political, security and developmental challenges remain enormous. For the foreseeable future, South Sudan will remain a fragile state in need of international assistance and support. In conclusion, this paper briefly assesses the implications of the birth of South Sudan for other simmering conflicts and for the doctrine of self-determination.

World Development Report 2011 : Conflict, Security, and Development

The 2011 World development report looks across disciplines and experiences drawn from around the world to offer some ideas and practical recommendations on how to move beyond conflict and fragility and secure development. The key messages are important for all countries-low, middle, and high income-as well as for regional and global institutions: first, institutional legitimacy is the key to stability. When state institutions do not adequately protect citizens, guard against corruption, or provide access to justice; when markets do not provide job opportunities; or when communities have lost social cohesion-the likelihood of violent conflict increases. Second, investing in citizen security, justice, and jobs is essential to reducing violence. But there are major structural gaps in our collective capabilities to support these areas. Third, confronting this challenge effectively means that institutions need to change. International agencies and partners from other countries must adapt procedures so they can respond with agility and speed, a longer-term perspective, and greater staying power. Fourth, need to adopt a layered approach. Some problems can be addressed at the country level, but others need to be addressed at a regional level, such as developing markets that integrate insecure areas and pooling resources for building capacity Fifth, in adopting these approaches, need to be aware that the global landscape is changing. Regional institutions and middle income countries are playing a larger role. This means should pay more attention to south-south and south-north exchanges, and to the recent transition experiences of middle income countries.

Recent Bank Support for Civil Service Reconstruction in Post-Conflict Countries

Civil service reconstruction is important in post-conflict countries because conflict erodes institutions and civil service capacity. And because successful reconstruction-in all sectors -requires domestic capacity to implement projects, a weak civil service undermines overall reconstruction efforts. Moreover, donor assistance is crucial to a country’s rebuilding, and coordinating such assistance requires a certain amount of civil service capacity. In addition, the Bank has found that country ownership is essential for successful projects. But country ownership can be jeopardized if international agencies and nongovernmental organizations (NGOs) dominate reconstruction efforts, overwhelming states already weakened by conflict. Civil service reconstruction offers an opportunity to start anew, with little of the resistance to civil service reform often encountered from politicians and civil servants. It allows good practices to be instilled from the outset-without having to undo bad ones.

The Conflict Analysis Framework (CAF) : Identifying Conflict-Related Obstacles to Development

The Conflict Analysis Framework (CAF), developed by the CPR Unit, aims to integrate sensitivity to conflict in Bank assistance, and to help Bank teams consider factors affecting both conflict and poverty when formulating development strategies, policies, and programs. Conflict sensitive approaches that take account of problem areas and potential sources of conflict may help to prevent the onset, exacerbation, or resurgence of violent conflict.

Colombia Essays on Conflict, Peace, and Development

A purpose of this book is to present recent World Bank analytical work on the causes of violence and conflict in Colombia, highlighting pilot lending programs oriented to promote peace and development. The Bank’s international experiences in post-conflict situations in different countries and their relevance for Colombia are also examined in this volume. The identification of socio-economic determinants of conflict, violence, and reforms for peace came about as a key element of the Bank’s assistance strategy for Colombia, defined in conjunction with government authorities and representatives of civil society. This report is organized as follows: After the introductory chapter, Chapter 2 provides a conceptual framework for understanding a broad spectrum of political, economic, and social violence issues; identifies the role played by both the country’s history and the unequal access to economic and political power in the outbreak and resilience of political violence; and examines as costs of violence the adverse impact on Colombia’s physical, natural, human, and social capital. Chapter 3 analyzes the costs of achieving peace and its fiscal implications; and indicates that exclusion and inequality rather than poverty as the main determinants of violence and armed conflict. Chapter 4 reviews the Bank’s experience in assisting countries that are experiencing, or have already overcome, domestic armed conflict. The authors illustrate the relevance of these cases for Colombia.

Gender, conflict, and peace-building: how conflict can catalyse positive change for women

Although modern-day armed conflict is horrific for women, recent conflict and postconflict periods have provided women with new platforms and opportunities to bring about change. The roles of women alter and expand during conflict as they participate in the struggles and take on more economic responsibilities and duties as heads of households. The trauma of the conflict experience also provides an opportunity for women to come together with a common agenda. In some contexts, these changes have led women to become activists, advocating for peace and long-term transformation in their societies. This article explores how women have seized on the opportunities available to them to drive this advocacy forward: including the establishment of an international framework on women, peace, and security that includes United Nations Security Council Resolution 1325 and other international agreements and commitments to involving women in post-conflict peace-building. The article is based on onthe-ground research and capacity-building activities carried out in the Great Lakes Region of Africa on the integration of international standards on gender equality and women’s rights into post-conflict legal systems.

The economic benefits of justice: Post-conflict justice and foreign direct investment

Post-conflict states represent an important research agenda for scholars studying foreign direct investment (FDI). While leaders of post-conflict states have strong incentives for trying to attract international investments, multinational corporations (MNCs) may view these states as high-risk since the reoccurrence of violence in the aftermath of civil conflict is common. Consequently, leaders of post-conflict states desperate to receive FDI to help ignite their stalled economies must convince MNCs that their state is a stable and secure place to invest in. Drawing on the recent literature that identifies the importance of domestic and international institutions for securing FDI, this article argues that post-conflict justice (PCJ) institutions can help post-conflict states attract investment. The domestic and reputation costs associated with implementing PCJ allow states to send a costly and credible signal to international investors about the state’s willingness to pursue the successful reconstruction of the post-conflict zone. Under these conditions, uncertainty is lessened and foreign investors can feel more confident about making investments. Post-conflict states, therefore, that choose to implement PCJ are more likely to receive higher levels of FDI compared with post-conflict states that refrain from implementing these institutions. Statistical tests confirm the relationship between justice institutions and FDI from 1970–2001. Post-conflict states that implement restorative justice processes in the post-conflict period receive higher levels of FDI than those countries that do not implement a process.

Civil War, Reintegration, and Gender in Northern Uganda

What are the impacts of war on the participants, and do they vary by gender? Are ex-combatants damaged pariahs who threaten social stability, as some fear? Existing theory and evidence are both inconclusive and focused on males. New data and a tragic natural quasi-experiment in Uganda allow us to estimate the impacts of war on both genders, and assess how war experiences affect reintegration success. As expected, violence drives social and psychological problems, especially among females. Unexpectedly, however, most women returning from armed groups reintegrate socially and are resilient. Partly for this reason, postconflict hostility is low. Theories that war conditions youth into violence find little support. Finally, the findings confirm a human capital view of recruitment: economic gaps are driven by time away from civilian education and labor markets. Unlike males, however, females have few civilian opportunities and so they see little adverse economic impact of recruitment.

Avoiding Ethnic Conflict in Iraq: Some Lessons from the Åland Islands

The current struggle to define the basic contours of Iraq’s political system pits those who support a loose federal arrangement against advocates of a return to centralized rule. Increasingly, this struggle is being defined in ethnic terms, with (mainly) Kurds defending the constitutional status quo against concerted efforts on the part of (Arab) Iraqi nationalists to reconfigure the balance of power between the center and the regions. The March 2010 election seems certain to strengthen the latter at the expense of the former. This paper outlines an alternative approach to Iraq’s federalism dilemma. Using the exemplar case of the Åland Islands, it is argued that a strongly centralized Arab Iraq is not inherently incompatible with an autonomous Kurdistan Region, and that by anchoring the Kurds’ autonomous status in international law, a destructive descent towards violent ethnic conflict can be avoided.

The liberal dilemmas of a people-centred approach to state-building

The article explores the dilemmas of providing security assistance to post-conflict states. It argues that when used as a strategy for intervention, SSR exposes the inherent contradictions of liberal peace-building. The article focuses on the Weberian state monopoly versus other—hybrid or non-state—forms of security and justice provision. It presents the background for the discussion and suggests that as a strategy for intervention, the choice is not simply between a top-down ‘imposition’ of a universal state model and a bottom-up ‘working with what is there’ approach. It is also a choice between direct and indirect forms of rule. This makes the dilemma real for liberal-minded practitioners and observers.

Iraq: Back to the Future

The world breathed a sigh of relief at the announcement of a new Iraqi government on 21 December 2010. After nine months of wrangling following the 7 March elections, Prime Minister Nuri al-Maliki finally engineered a deal that kept him in place at the head of a 42-person cabinet. Maliki was unable to name a full coterie of ministers; ten of the portfolios, including the main security ministries, are being managed on a temporary basis by other ministers until permanent nominations are made. Nevertheless, approval of the cabinet brought to an end a crisis that left the political system in limbo and saw a deterioration of the security situation.

But now the deed is done, a much bigger question looms: will the government be able to manage Iraq, stabilise the country further and heal the internal divisions that threaten its long-term security?

Equality Matters: Negotiating an End to Civil Wars

This article explores relationships between procedural justice (PJ) in the negotiation process, distributive justice (DJ) in the terms of negotiated agreements, and their durability in cases of civil war. Adherence to PJ principles was found to correlate strongly with agreements based specifically on the DJ principle of equality. Agreements were also found to be more durable when based on equality, but not when based on other DJ principles. The equality principle accounted for the relationship between PJ and durability irrespective of differences between the parties in power. Further examination suggested that two types of equality in particular—equal treatment and equal shares—were associated with forward-looking agreements and high durability. The findings suggest that durability is served by including equality in the terms of agreements, and that PJ helps (but does not guarantee) achieving such agreements.

COIN In PeaceBuilding

This article looks at the genesis of the crisis and the successful enforcement operation carried out by the Pakistan government, specifically with a view to understanding how a complex emergency was handled through well-coordinated application of the military instrument while simultaneously catering for emerging humanitarian needs of the affected population. The larger theoretical theme is how counterinsurgency (COIN) operations contribute to long-term peace-building. After an initial discussion of the various aspects of the 3-month Operation Rah-i-Rast (“The Righteous Way”), this article outlines the strategic vision offered by the government of Pakistan, focusing on recommendations to reinstitute peace and rule of law in the volatile regions of the country

Filling the “Security Gap” in Post-conflict Situations: Could Formed Police Units Make a Difference?

The increased sophistication of peacekeeping missions has inevitably expanded the roles of all actors in the field particularly the military who have to play law enforcement functions, in addition to their traditional role, until civilian police are deployed. This essay discusses the consequences of the military role as law enforcers in conflict situations. The author proposes the concept of Formed Police Units (FPUs) to close the security gap that arises in these cases.

Reparations and Reconciliation in the Aftermath of Civil War

Both international legal principles and much of the literature on transitional justice support the provision of reparations as a necessary component of justice in postconflict societies. According to the UN Basic Principles and Guidelines (United Nations 2005: para. IX), “adequate, effective and prompt reparation is intended to promote justice by redressing gross violations of international human rights law or serious violations of international humanitarian law.” However, few scholarly studies have looked systematically at victims’ views of the importance of various forms of reparations in providing justice. Using individual-level data collected in the aftermath of the civil war in Nepal, we investigate people’s perceptions of the importance of various forms of reparations that appear in the UN Basic Principles and Guidelines and that have been offered in transitional justice processes. The findings suggest that compensation for losses, along with punishment of perpetrators, are viewed as being more important to providing justice for individuals than other forms of reparations, regardless of the type of grievance(s) suffered.

The Demand for Reparations: Grievance, Risk, and the Pursuit of Justice in Civil War Settlement

In analyzing peace processes in postconflict societies, scholars have primarily focused on the impact of prosecutions, truth-telling efforts, and reconciliation strategies, while overlooking the importance of individual demands for reparations. The authors argue that normative explanations of why reparations are granted in the aftermath of regime change are useful in understanding a need for reconciliation, but inadequate for explaining victim demands for compensation. The authors extend this research to study civil war settlement. In the aftermath of civil war, when some form of reparation is offered giving individuals the opportunity to seek redress of grievances, what types of loss and political and socioeconomic characteristics are likely to lead some individuals to apply for reparations but not others? Using primary data, collected through a public opinion survey in Nepal, the authors investigate individual-level demand for reparations. The findings suggest that understanding loss and risk factors may be important to civil war settlement and reconciliation.

Post-Conflict Ambon: Forced Migration and the Ethno-Territorial Effects of Customary Tenure

In post-conflict contexts characterized by large-scale migration and increasing levels of legal pluralism, customary land tenure risks being deployed as a tool of ethno-territorialization in which displaced communities are denied return and secure land rights. This thesis will be illustrated through a case study of the Indonesian island of Ambon where a recognition of customary tenure — also called?adat?— was initiated in 2005 at the end of a high-intensity conflict between Christians and Muslims. Although a system of land tenure providing multiple forms of social security for the indigenous in-group,?adat?in Ambon also constitutes an arena of power in which populations considered as non-indigenous to a fixed historical territory are pushed into an inferior legal position. The legal registration of customary tenure therefore tends to be deployed to settle long-standing land contests with a growing migrant community, hereby legally enforcing some of the forced expulsions that were brought about by the recent communal violence.

The Future of Security Sector Reform

This edited volume accumulates more than a decade’s worth of lessons learned and best practices on SSR.  The book is divided into three parts:  The first part on the ‘origins and evolution of the SSR concept’ charts the development of SSR over the past decade and details the variety of approaches to it that have emerged in that period.  The second part, “from concept to context: the implementation of SSR’ shifts from analyzing wider trends in the concept’s development to the practical challenges surrounding its application in the field.  The third part of the book identifies and breaks down the myriad challenges that confront SSR program, with the issues of local ownership and civil society engagement chief among them.  Chapters on gender, human rights, financing, the private sector, coordination and sequencing are also included.

When States Fail: Causes and Consequences

Since 1990, more than 10 milliion people have been killed in the civil wars of failed states, and hundreds of millions more have been deprived of fundamental rights.  The threat of terrorism has only heightened the problem posed by failed states.  When States Fail is the first book to examine how and why states decay and what, if anything, can be done to prevent them from collapsing.  It defines and categorizes strong, weak, failing, and collapsed nation-states according to political, social, and economic criteria.  And it offers a comprehensive recipe for their reconstruction.  The book comprises fourteen essays on the theory and taxonomy of state failure; nature and correlates of failure; methods of preventing state failure and reconstructing those that do; economic jump-starting; legal refurbishing; elections; demobilizing ex-combatants; civil society building.

The Road to Peace in Ireland

This case-study is one of a series produced by participants in an ongoing Berghof research
project on transitions from violence to peace (‘Resistance/Liberation Movements and Transition to Politics’). The project’s overall aim is to learn from the experience of those in resistance or liberation movements who have used violence in their struggle but have also engaged politically during the conflict and in any peace process. Recent experience around the world has demonstrated that reaching political settlement in protracted social conflict always eventually needs the involvement of such movements. Our aim here is to discover how, from a non-state perspective, such political development is handled, what is the relationship between political and military strategies and tactics, and to learn more about how such movements (often sweepingly and simplistically bundled under the label of nonstate armed groups) contribute to the transformation of conflict and to peacemaking. We can then use that experiential knowledge (1) to offer support to other movements who might be considering such a shift of strategy, and (2) to help other actors (states and international) to understand more clearly how to engage meaningfully with such movements to bring about political progress and peaceful settlement.

Afghanistan’s 2007 Environment Law

In January 2007, the final version of the Environment Law came into force. The Law, which has been approved by the National Assembly, is based on international standards which recognize the current state of Afghanistan’s environment while laying a framework for the progressive improvement of governance, leading ultimately to effective environmental management. It is now binding on both the government and the people of Afghanistan.

The purpose of this brochure is to give the Afghan people, and other interested persons, a basic overview as to why and how the Law was developed, and the implications of the Law for the ordinary person and the government. This brochure should therefore be read in conjunction with the Law itself (see Official Gazette No. 912, dated 25 January 2007).

Fragile States: Securing Development

Fragile states are the toughest development challenge of our era. But we ignore them at our peril: about one billion people live in fragile states, including a disproportionate number of the world’s extreme poor, and they account for most of today’s wars. These situations require a different framework of building security, legitimacy, governance, and the economy. Only by securing development – bringing security and development together to smooth the transition from conflict to peace and then to embed stability so that development can take hold – can we put down roots deep enough to break the cycle of fragility and violence. Currently, we face critical gaps in our international capabilities to secure development. We need to better integrate military, political, legal, developmental, financial and technical tools with a variety of actors, from states to international organisations, civil society, and the private sector. Beyond assistance, we need new networked relationships between peacekeeping forces and development practitioners, and a new approach to security, to help the people in fragile states shift from being victims to principal agents of recovery.

Redefining the Laws of Occupation in the Wake of Operation Iraqi Freedom

This comment presents a three-part analysis that ultimately critiques and redefines occupation law to prevent a repetition of the failures that transpired in the wake of Operation Iraqi Freedom. Section One lays out the fundamental provisions of the conservative laws of occupation as embodied in the Hague Regulations and Geneva Conventions as well as the U.S. Army Field Manual. It also discusses the growing trend towards humanitarian intervention and the need for transformative occupation to ensure a successfully stable post- war state. Section Two uses the tenets of occupation law as outlined in Section One to describe the dire consequences of the Coalition’s breach of this body of law, through its actions that revamped the administrative, political, economic, and legal structures of the state. Section Three uses the analysis of Section Two to demonstrate that the conservative laws of occupation are inadequate and need to be redefined. This Section lays out the “exceptional” circumstances for a non-U.N. mandated intervention. It then proposes a revision to occupation law that seeks to incorporate human rights law, as well as additional considerations derived from post- war Iraq, to formulate a modified and modernized legal regime “under a new umbrella labeled jus post bellum.”

Law and Order in an Emerging Democracy: Lessons from the Reconstruction of Kosovo’s Police and Justice Systems

“Nation-building” is an increasingly frequent activity of Western governments and the United Nations, with Kosovo an important recent example. This study examines the reconstruction by the United Nations of Kosovo’s internal security infrastructure from 1999 to 2004. It analyzes United Nations and other activities to build democratic police and justice systems. Through a model of security reconstruction, it examines in detail the primary security challenges facing Kosovo, the specific efforts the United Nations made to address these challenges, the ultimate effectiveness of the reconstruction in establishing stability and rule of law, and the linkages between reconstruction efforts and democracy. It concludes with several lessons for improving the effectiveness of such efforts in the future.

Refugees and Internally Displaced: A Challenge to Nation-Building

The purpose of this Article is to explore the interdependent relationship between post-conflict nationbuilding on the one hand, and refugee repatriation and intrastate reintegration of IDPs on the other. In Part II, the governing legal framework will be outlined with an emphasis on the consequences to refugees and IDPs of nation-building efforts. Part III will demonstrate that repatriation and reintegration are critical to the success of any nation-building enterprise. As will be described in more detail, although the motivations of post-conflict countries of origin and neighboring host states may differ with respect to repatriation and reintegration, the common goal of regional stability serves to align these stakeholders’ otherwise divergent interests. Finally, Part IVwill conclude that nation-building actors must take seriously their responsibility to implement the policies of repatriation and reintegration by (1) understanding and abiding well-established international law norms; (2) establishing the rule of law and stabilizing governmental structures; (3) providing for the return of property and legal status to repatriated refugees; and (4) planning for reintegration and repatriation on the local level to leverage existing family and social networks.

Deterrence, Democracy, and the Pursuit of International Justice

In recent years efforts to hold the perpetrators of mass atrocities accountable have become increasingly normalized, and building capacity in this area has become central to the strategies of numerous advocacy groups, international organizations, and governments engaged in rebuilding and reconstructing states. The indictment of sitting heads of state and rebel leaders engaged in ongoing conflicts, however, has been more exceptional than normal, but is nonetheless radically altering how we think about, debate, and practice justice. Arrest warrants for Sudanese president Omar Hassan Ahmad al-Bashir, Liberian president Charles Taylor, and the leader of the Lord’s Resistance Army in Uganda, Joseph Kony, have not only galvanized attention around the role of international justice in conflict but are fundamentally altering the terms of debate. While a principled commitment continues to underpin advocacy for justice, several court documents and high-profile reports by leading advocacy organizations stress the capacity of international justice to deliver peace, the rule of law, and stability to transitional states. Such an approach presents a stark contrast to rationales for prosecution that claim that there is a moral obligation or a legal duty to prosecute the perpetrators of genocide, crimes against humanity, and war crimes. Instead, recent arguments have emphasized the instrumental purposes of justice, essentially recasting justice as a tool of peacebuilding and encouraging proponents and critics alike to evaluate justice on the basis of its effects.  In the following pages, I discuss the development of international advocacy for justice as it has moved from being principle- or duty-based to being results-based. I then lay out and evaluate the results-based rationales that have come to define public advocacy for international justice. Finally, I identify the sources of this shift and examine some of the implications.

Structural Causes, Development Co-operation and Conflict Prevention in Burundi and Rwanda

This article examines in turn the four main pillars of the international peacekeeping agenda (security, development, good governance and justice) in Burundi and Rwanda. Each section reviews the scholarly and policy debates about these dimensions of external engagement prior to the civil wars that ravaged both countries. Next, they analyse the post-conflict approaches used by the international community (after 1994 in Rwanda and since 2000-05 in Burundi. The concluding section draws together key lessons about the interactions between poverty, governance, violence and international assistance in Burundi and Rwanda. They bring into sharp focus the limits that development co-operation faces in shaping these issues.

Peacekeeping in the Democratic Republic of Congo: Waging Peace and Fighting War

The UN peacekeeping mission in the Democratic Republic of Congo (MONUC) has been derided as one of the world’s least effective peacekeeping forces. This article assesses its performance by using two indicators: mandate implementation and the reduction of human suffering. The analysis shows that effective peacekeeping in the Democratic Republic of Congo (DRC) has been hampered by two major problems. First, MONUC has had a struggle with, and inconsistent approach to, the vague concept of ‘robust peacekeeping’. During key moments of the peace process, it tried to wage peace when it should have used force. Second it failed to adapt to a dynamic conflict environment. Both problems were underpinned by flawed assumptions about the peace process, the behaviour of local actors and the presumed benefits of ‘post-conflict’ elections.

Statebuilding and Justice Reform

The book provides an updated account of justice reform in Afghanistan, which started in the wake of the US-led military intervention of 2001. In particular, it focuses on the role of international actors and their interaction with local stakeholders, highlighting some provisional results, together with problems and dilemmas encountered in the reform activities. Since the mid-1990s, justice system reform has become increasingly important in state-building operations, particularly with regard to the international administrations of Bosnia, Kosovo, East Slavonia and East Timor. Statebuilding and Justice Reform examines in depth the reform of justice in Afghanistan, evaluating whether the success of reform may be linked to any specific feature or approach. In doing so, it stresses the need for development programmes in the field of justice to be implemented through a multilateral approach, involving domestic authorities and other relevant stakeholders. Success is therefore linked to limiting the political interests of donors; establishing functioning pooled financing mechanisms; restricting the use of bilateral projects; improving the efficacy of technical and financial aid; and concentrating the attention on the ‘demand for justice’ at local level rather than on the traditional supply of financial and technical assistance.

From Neo-Colonialism to a ˜Light-Footprint Approach”: Restoring Justice Systems

The article analyses peacebuilding theories and methods, as applied to justice system reform in post-conflict scenarios. In this respect, the international authorities involved in the reconstruction process may traditionally choose between either a ‘dirigiste’ or a consent-based approach, representing the essential terms of reference of past interventions. However, features common to most reconstruction missions, and relatively poor results, confirm the need for a change in the overall strategy. This requires international donors to focus more on the demand for justice at local levels than on the traditional supply of financial and technical aid for reforms. The article stresses the need for effectively promoting the local ownership of the reform process, without this expression being merely used by international actors as a political umbrella under which to protect themselves from potential failures.

Striking the Right Balance: How to Rebuild the Afghan National Police

A well-trained, professional police force dedicated to upholding the rule of law and trusted by the population is essential to fighting the insurgency in Afghanistan and creating stability. However, the police programmes in Afghanistan have often been dominated by different national agendas and hampered by too few resources and lack of strategic guidance. These issues pose an enormous challenge for the Afghan government and the international community in rebuilding the police. This article argues that it is imperative that the international effort strike a balance between the short-term needs of fighting an insurgency and the long-term needs of establishing an effective sustainable policing capability when building up the police force; and that the process must not be subject merely to satisfying current security challenges or traditional state-building needs.

Supporting Justice, Co-existence and Reconciliation after Armed Conflict: Strategies for Dealing with the Past

Civil wars and state repression have left many societies traumatised and shattered. Unsolved atrocities and injustices can easily provoke new cycles of violence. Impunity may undermine trust in the legal system, increasing the risk that vigilante justice will be resorted to and encourage further atrocities. Mistrust and hatred between former adversaries inhibits reconstruction, decision making and economic development. An amnesty deal may be required to end violence and enable a peace treaty. The call for compromise and national reconciliation may be necessary to ensure an end to hostilities, but past injustices that are never addressed can easily become a source of renewed violent conflict. Often victims can only make peace with their perpetrators if they know their own suffering and that of their loved ones is officially acknowledged. Furthermore, for the reintegration of perpetrators and victims into society they must be commonly accepted. The first section of this chapter reviews various instruments and institutions that have been established to support peaceful coexistence and the restoration of law. It addresses the following questions: Under which conditions can criminal tribunals, truth commissions or amnesty laws be helpful in dealing with past atrocities? How can property issues be solved through mediation or in community courts? The chapter then outlines some general considerations as to the principles and strategies that should be followed by third parties who seek to support such institutions and instruments. Arguing for a long-term approach, the final section summarises some issues for further debate, pointing to some problematic assumptions and developments that have so far gone hand in hand with the current enthusiasm for international criminal law and truth commissions.

Strategic Approaches to Reintegration: Lessons Learned from Liberia

From a security perspective, the reintegration of ex-combatants has been largely successful in Liberia due to six years of sustained effort to reestablish rule of law throughout the country, to rebuild institutions, to promote early recovery, and to reintegrate the former fighting forces as well as other war-affected populations. This, however, does not mean that all problems related to integration are completely resolve. Since 2003, an array of efforts have been undertaken to reintegrate ex-combatants, from classic disarmament, demobilization, rehabilitation, and reintegration to strategic and community-based interventions that aims at promoting alternative livelihoods. Here, Tamagnini and Krafft consider what those efforts have achieved and what was not achievable, explain why it is time to end targeted assistance to ex-combatants in Liberia, and propose the next steps to be taken.

The Importance of Commercial Law in the Legal Architecture of Post-Conflict ‘New’ States

Despite the large number of these projects, there exists a relative paucity of published analysis of what is effective and what is not, particularly in relation to the more sophisticated norms governing commercial relations. Although there is a substantial volume of material addressing both the role of and the need for legal institutions as part of legal and judicial reform projects, much less effort seems to have been devoted to just how one might develop those institutions in practice… While this Essay is introductory in its scope and does not seek to give exhaustive answers to each of the issues raised, it is hoped that the observations offered can spur discussion as to how those involved in future state-building attempts might focus their efforts in order to better ensure success. The overarching theme of this Essay is that state-building in general, and development of an effective commercial law in particular, is a science in its infancy and is one about which we know remarkably little. Vastly more needs to be learned and committed in resources. Until that happens, the exercise of trying to create effective commercial law, and thus promote economic development in new states, will be a tricky and elusive goal.

DDR and Transitional Justice: Bridging the Divide?

This article explores the complex relationship between disarmament, demobilisation and reintegration of ex-combatants (DDR) and transitional justice. While both DDR and transitional justice often operate simultaneously, neither process has traditionally been designed with the other in mind. In fact, they are often in tension or competition, pursuing competing demands and potentially drawing on the same scarce donor pools. While scholars and practitioners of transitional justice have become somewhat attuned to the presence of DDR processes in countries emerging from conflict, and the challenges and opportunities they present for transitional justice, we observe that by comparison, it is only fairly recently that DDR policies, if not programmes, have begun to take account of the demands and practice of transitional justice. We argue that while the activities of DDR and transitional justice may often be in tension, in some instances they might be designed to operate in a more complementary fashion. However, for this to even be conceivable, it is essential that scholars and practitioners of each seek to understand the work of the other better.

Trends and Causes of Armed Conflict

From the start of 1990 to the end of 1999 there were 118 armed conflicts world wide, involving 80 states and two para-state regions and resulting in the death of approximately six million people. If we seek to prevent conflict from escalating into armed warfare, or, failing that, to at least achieve an end to fighting as soon as possible, and if we want to maximise the opportunity for avoiding the return of the war after apparent settlement, we must first be sure that we properly understand armed conflicts and their causes. This chapter attempts to provide a brief overview of what is known and understood about the causes of armed conflict. The theoretical basis of that knowledge is both limited and important. It is limited, in that it does not offer much by way of general explanation of the phenomenon of armed conflict; this is, perhaps, hardly surprising, given its complexity and diversity. It is also important because it provides valuable guidance as to where to look when analysing individual conflicts for signs of potential escalation and when seeking opportunities for preventing violent escalation. The chapter begins by discussing the incidence and nature of armed conflicts during the 1990s. It then reviews the current state of theoretical knowledge with the aim of providing not only an overview but also a source of further reference, before proceeding to methodology. The article then identifies the paired concepts of justice and mobilisation as the best way to link different types and levels of causes, to connect the short-term with the long-term and to relate the socio-economic background with the political foreground. It illustrates this by looking more closely at the category referred to as ethnic conflict.

The Failure of State Building and the Promise of State Failure: Reinterpreting the Security – Development Nexus in Haiti

This article critically examines the discourse surrounding fragile states in relation to the security-development nexus. I draw on the case of Haiti to problematise key assumptions underpinning mainstream approaches to resolving concerns of security and development through the contemporary project of state building. In contrast, I suggest that a focus on the social and political relations constitutive of social struggles provides a framework for a better analysis of the historical trajectory of development in, and of, fragile states. Through an alternative relational interpretation of Haitian social and political formations, I illustrate the way in which Haitian experiences of social change have been co-produced in a world historical context. By foregrounding these relational dynamics at key conjunctures coinciding with periods in which the state, state formation and state building, were perceived to be central to Haitian development, this analysis highlights the extent to which attempts to consolidate the modern (liberal) state, have been implicated in the production and reproduction of insecurities. The article concludes by considering the salience of this relationally conceived interpretation of the security-development nexus for gaining insight into the alternative visions of progress, peace, and prosperity that people struggle for.

Cyprus: Peace, Return and Property

The future of the properties of the 210,000 internally displaced people who had to leave their properties beginning with the first inter-communal strife in 1964 is one of the most difficult issues of the new set of peace negotiations which began in Cyprus in 2008. After giving a brief historical account of the displacements—how they were managed and perceived on both sides of the island—this article studies the property issue with a specific focus on the management of the IDP properties. Moreover, analysing the problems mainly via reactions to the Annan Plan, the article underlines three issues of security, economics and justice as the keys to comprehend the essence of the problems of property and IDP return, finally making the claim that there is a need to separate the question of IDP return and return of property rights.

Securitization of HIV/AIDS in Context: Gendered Vulnerability in Burundi

In this article, it is argued that concerns about the impact of HIV/AIDS on national and international security do not adequately address the ways in which people, particularly women, are made vulnerable to HIV/AIDS in conflicts. In fact, policies inspired by the security framing of HIV/AIDS can engender new vulnerabilities in post-conflict contexts. The article analyses the ways in which gender relations create vulnerabilities for various groups when such relations are put under pressure during periods of conflict. Drawing on research conducted in Burundi, the article argues that postulated links between security and HIV/AIDS fail to take into account the vulnerability structures that exist in societies, the ways in which these are instrumentalized during conflict and in post-conflict contexts, and how they are also maintained and changed as a result of people’s experiences during conflict.

Jumping the (Un)constitutional Gun?: Constitutional Questions in the Application of the UCMJ to Contractors

Undoubtedly, the expansion of the UCMJ to contractors and other persons accompanying or serving with the armed forces in the field will be challenged on constitutional grounds. But is this legislation unconstitutional? This article discusses the Supreme Court cases that have addressed the constitutionality of the application of the military law and court-martial jurisdiction to civilians, the Supreme Court decisions that may provide insight into the Court’s views of military jurisdiction, and how today’s Court might address the constitutionality of this expansion of UCMJ jurisdiction in light of recommendations made by the DoD on implementation and withholding of UCMJ convening authority. Part II of this article discusses the legislative expansion of UCMJ jurisdiction, and Part III discusses the Joint Service Committee recommendations on implementation of this expansion. Part IV discusses Supreme Court cases relevant to application of court-martial jurisdiction to civilians, and Part V briefly discusses current similarities and differences between civil court and court-martial procedure. Finally, Part VI attempts to predict whether the Supreme Court would find various applications of the UCMJ to contractors constitutional.

Third-Generation Civil-Military Relations

Counterinsurgency strategies employed by the US military in Afghanistan have led to the US military embarking on civil governance reform. This has created new forms of civil–military relations with Afghan and international counterparts. These relations appear less dramatic than ‘conventional’ civil–military relations, in that they do not create the same visible alignment on the ground between military and non-military identities. In addition, the increased merging of civil and military work areas creates a new complexity that stems from semantic confusion. This complexity is mostly about norms and principles, in that the core puzzle is the more general question of what kinds of tasks the military should and should not do, rather than about violent consequences to civilians and questions of neutrality. This article proposes the term ‘third-generation civil–military relations’ to capture and examine the conceptual challenges that stem from the merging of military and civil work areas in Afghanistan’s reconstruction.

Corruption and Government

In countries emerging from civil war with weak governments, bribery demands will be used opportunistically by officials operating under unclear rules that allow them to invent offences or simply to extort funds from ordinary people. Furthermore, many people may engage in illegal activities, such as smuggling or illicit trade in arms, and may need the protection of public authorities to continue to operate. Peacebuilding strategies must avoid triggering vicious spirals. An economy that is jumpstarted by giving monopoly powers to a few prominent people may produce a society that is both lacking in competition and unequal. Although it may be risky and difficult to counter corruption in post-conflict peacebuilding, if the problem is allowed to fester, it can undermine other efforts to create a stable, well-functioning state with popular legitimacy. Care must be taken in starting down the road to reform. Strong leadership from the top is needed that moves towards the goal of a more legitimate and better functioning government and sidelines those who have in the past been using the state as a tool for private gain through threats and intimidation. International assistance can, in principle, help, but it needs to be tailored to avoid exacerbating the underlying problem created by the mixture of corruption and threats of violence from those inside and outside the government.

The U.K. in Sierra Leone: Post-Conflict Operation Success?

When Britain sent military advisers to Sierra Leone in 2000, the former colony had been devastated by a decade-long civil war. The U.N. mission had failed to get the rebels to disarm… Advisers undertook the structural, institutional reform of the Sierra Leone Armed Forces: its training organization, command structure, administration, supply, maintenance, and personnel management systems…In addition to security, there are two more necessary elements to allow post-conflict reconstruction to take place. One is governance, including the electoral process, the minimizing of corruption, law and order, and a working financial system. The other is essential services: electricity, clean water, basic health and sanitation, communications…If these three things are put in place, then business can function, and it is business that does reconstruction best. Governments, armies, institutions like the U.N. are too slow and bureaucratic and always under-resourced.

A Post-liberal Peace: Eirenism and the Everyday

The “liberal peacekeeping” is undergoing a crisis of legitimacy at the level of the everyday in post-conflict environments. In many such environments; different groups often locally constituted perceive it to be ethically bankrupt, subject to double standards, coercive and conditional, acultural, unconcerned with social welfare, and unfeeling and insensitive towards its subjects. It is tied to Western and liberal conceptions of the state, to institutions, and not to the local. Its post-Cold War moral capital, based upon its more emancipatory rather than conservative claims, has been squandered as a result, and its basic goal of a liberal social contract undermined. Certainly, since 9/11, attention has been diverted into other areas and many, perhaps promising peace processes have regressed. This has diverted attention away from a search for refinements, alternatives, for hybrid forms of peace, or for empathetic strategies through which the liberal blueprint for peace might coexist with alternatives. Yet from these strategies a post-liberal peace might emerge via critical research agendas for peacebuilding and for policymaking, termed here, eirenist. This opens up a discussion of an everyday and critical policies for peacebuilding.

Liberal Peacebuilding in Timor Leste: The Emperor’s New Clothes?

A critical examination of the effort to build a liberal peace since 1999 in East Timor illustrates that to a large degree the liberal peace model has failed the East Timorese people. There are two aspects to this: the first is the failure to construct a social contract between society and its institutions of governance. This is related to the broader issue of the social legitimacy of, and contract with, international actors derived from society and its complex groupings. The second is the failure, at least in the transitional period, to respond to the experiences of everyday life and welfare requirements of the new state’s citizens.

Liberal Hubris? Virtual Peace in Cambodia

The article examines the nature of the peace that exists in Cambodia by critiquing the ‘liberal peace’ framework. The authors claim that, despite the best efforts of international donors and the NGO community, liberal peacebuilding in Cambodia has so far failed in many of its key aims. The liberal peacebuilding project in Cambodia has been modified by a combination of local political, economic and social dynamics, international failings, and the broader theoretical failings of the liberal peacebuilding process. There have been some important successes, but serious doubts remain as to whether this project has been or can be successful, not least because of the ontological problem of whether the liberal peace is at all transferable. This raises the question of what type of peace has actually been built. The authors argue that the result of international efforts so far is little more than a virtual liberal peace.

Just and Unjust Postwar Reconstruction: How Much External Interference Can Be Justified?

This article seeks to reconcile a fundamental normative tension that underlies most international reconstruction efforts in war-torn societies: on the one hand, substantial outside interference in the domestic affairs of such societies may seem desirable to secure political stability, set up inclusive governance structures, and protect basic human rights; on the other hand, such interference is inherently paternalistic—and thus problematic—since it limits the policy options and broader freedom of maneuver of domestic political actors. I argue that for paternalistic interference in foreign countries to be justified, it needs to be strictly proportional to domestic impediments to self-government and basic rights protection. Based on this claim, I model different degrees of interference that are admissible at particular stages of the postwar reconstruction process. Extrapolating from John Rawls’s Law of Peoples, I suggest that full-scale international trusteeship can be justified only so long as conditions on the ground remain “outlaw”—that is, so long as security remains volatile and basic rights, including the right to life, are systematically threatened. Once basic security has been reestablished, a lower degree of interference continues to be justified, until new domestic governance structures become entirely self-sustaining. During this second phase of postwar reconstruction, external actors ideally ought to share responsibility for law-enforcement and administration with domestic authorities, which implies in practice that domestic and international officials should jointly approve all major decisions. I discuss various approximations of such shared responsibility in recent international peace operations and speculate about how best to ensure a timely transition toward full domestic ownership.

Security & Justice Development-What Next?

The development of local security and justice sectors in developing, fragile and conflict-affected states has for a long time been an important strand in the UK’s approach to delivering its national security and development objectives. The 2009 White Paper on international development committed DFID to placing considerably greater emphasis on promoting security and access to justice in developing states. The Ministry of Defence’s Green Paper is likely to place greater emphasis on soft power, including security cooperation activities. In some countries, the UK has poured bilateral resources into this domain, from the training of Afghan military and police to the reform of the Sierra Leone security sector and the strengthening of various African militaries and police forces. DFID’s White Paper commitments come 10 years after then DFID Secretary of State Clare Short took the bold step of putting Security Sector Reform (SSR) squarely on the development agenda. In the interim, the UK has taken a leading role in undertaking SSR-related projects in its bilateral programmes and in shaping the international donor debate. The success of international lobbying by the UK has been reflected in documents such as the OECD DAC’s guidelines on SSR and the UN’s adoption of the concept. While security and justice is unlikely to become a Millenium Development goal, the fact that it is discussed as such is a tribute to the progress that this agenda has made. The UK’s recent (re)commitment to the security and justice agenda is a worthy enterprise. However, achieving success will require three things: further conceptual clarity, a revamped international influence campaign, and addressing serious capacity constraints on the delivery side.

Invoking the Rule of Law in Post-Conflict Rebuilding: A Critical Examination

Establishing the rule of law is increasingly seen as the panacea for all the problems that afflict many non-Western countries, particularly in post- conflict settings… This Article argues that this newfound fascination with the rule of law is misplaced… This Article proceeds as follows: Part I traces the historical origins of the links among security, development, and human rights discourses since World War II and identifies some recurring themes, despite real differences among them. Part I also points out the ways in which the lines among these discourses began blurring since the 1970s and during the post-Cold War period, especially in the context of peace operations. Part II discusses the convergence between the human rights and rule of law discourses in the post-Cold War period, but also points out the continuing differences between the two. Part III examines the meaning of the rule of law in the context of development and finds that the rule of law is no substitute for human rights. Part III also questions whether the rule of law is even a key requirement for successful economic growth. Part IV examines the meaning of the rule of law in the context of security and finds that reliance on this concept cannot hide the more fundamental question of legitimacy in the post-9/11 world. In the field of security, it would not be prudent to lessen the reliance on the discourse of human rights for the fuzzier discourse on the rule of law. The Conclusion then offers some reflections on the lessons that have been learned about how best to capture the synergy that may exist between different fields of international interventions in the security, development, and human rights policy domains.

The United Nations and Regional Security: Europe and Beyond

Events in Europe over the past decade have created a dynamic requiring significant conceptual and practical adjustments on the part of the UN and a range of regional actors, including the EU, NATO, and the OSCE. This volume explores the resulting collaborative relationships in the context of peace operations in the Balkans, considering past efforts and developing specific suggestions for effective future interactions between the UN and its regional partners. The authors also consider the implications of efforts in Europe for the regionalization of peace and security operations in Asia, Africa, and Latin America.

An Ethic of Political Reconciliation

Together, the recent entry of reconciliation into the politics of peace building and the ancient presence of reconciliation as a concept in religious traditions create potential for, but also leave undeveloped, an ethic of political reconciliation. This ethic would derive a set of concrete guidelines for recovering political orders from philosophical and theological fundamentals. An outline of such an ethic is what I propose here.

Peacebuilding and Corruption

The article argues that questions of definition relating to corruption are central to understanding its significance and its prominence in peacekeeping contexts. Definitional issues are discussed and a definition that combines certain universal features while acknowledging the importance of local norms and rules is offered. The definition revolves around actions, decisions and processes that subvert or distort the nature of public office and the political process. The challenge for peacebuilders is to develop and enforce standards for public office that have sufficient linkage with local norms and expectations to command some support, and to do so in a context that, by definition, lacks consensus on norms and principles of legitimacy for public office. The article explores some of the strategies open to those in post-conflict contexts and argues that corruption will frequently be a rational strategy for many, creating a vicious cycle that is hard to break. The article also questions how far corruption should be the major concern of peacekeeping forces, and how the concept might be disaggregated to allow a more targeted approach – one that recognizes that attacking corruption directly may not always be the best strategy, and that sees that corruption may not always be the major priority.

Police in Peace and Stability Operations: Evolving US Policy and Practice

The United States has consistently failed to deal with the breakdown in public order that invariably confronts peace and stability operations in internal conflicts. Analysis of experience in Panama, Somalia, Haiti, the Balkans and Iraq demonstrates that indigenous police forces are typically incapable of providing law and order in the immediate aftermath of conflict, and so international forces must fill the gap – a task the US military has been unwilling and unprepared to assume. After 20 years of lessons learned (and not learned), this article argues that the United States must develop a civilian ‘stability force’ of constabulary and police personnel deployable at the outset of on operation to restore public order and lay the foundations for the rule of law.

Saving Liberal Peacebuilding

Liberal peacebuilding has become the target of considerable criticism. Although much of this criticism is warranted, a number of scholars and commentators have come to the opinion that liberal peacebuilding is either fundamentally destructive, or illegitimate, or both. On close analysis, however, many of these critiques appear to be exaggerated or misdirected. At a time when the future of peacebuilding is uncertain, it is important to distinguish between justified and unjustified criticisms, and to promote a more balanced debate on the meaning, shortcomings and prospects of liberal peacebuilding.

The Bullet in the Living Room: Linking Security and Development in a Colombo Neighbourhood

This article investigates the security–development nexus through a study of local experiences in a neighbourhood in Sri Lanka’s capital Colombo. As the Sri Lankan state struggles to secure ‘the nation’ from ‘terrorism’, and to develop it towards a twin vision of modernization and return to a glorious past, large parts of the population in Colombo 15 remain at the margins of this ‘nation’. They are ethnic and religious minorities, forgotten tsunami victims, terrorist suspects and unauthorized dwellers – those often depicted as threats to, rather than subjects of, ‘security’ and ‘development’. This study reveals that the security–development nexus constitutes a complex web of linkages between factors related to housing, income, tsunami reconstruction, party politics, crime, political violence and counter-violence, social relations, and religious beliefs and rituals. People’s perceptions of and opportunities to pursue security/development are intimately linked to their position as dominant or marginalized within ‘the nation’, ‘the community’ and ‘the family’. ‘Security’ and ‘development’ issues are mutually reinforcing at times, but just as often undermine each other, forcing people to make tough choices between different types of security/development.

Tackling Criminal Acts in Peacekeeping Operations: The Accountability of Peacekeepers

United Nations (UN) peacekeeping operations have been increasingly deployed in many crisis contexts. The practice has been established by the UN to ensure peace and protect victims of different types of armed conflict. Unfortunately, during the past ten years, several cases of serious human rights violations committed by peacekeepers against people who should be protected by them have emerged. The UN has gone through a widespread analysis of the issues involved, from the managerial, administrative and legal points of view. The 2005 Zeid Report has provided the basis for further action within the UN system. Since then, several policy and legal measures have been discussed by relevant UN bodies and organs, and some new developments have taken place. This article offers an account and an analysis of the different steps taken within the UN to face difficult cases of misbehaviour, including human rights violations, which may lead to forms of criminal conduct. It takes into consideration the suggestions provided by the Zeid Report and subsequent UN documents. It focuses on legal developments and discusses the main problems in understanding the legal complexity of this phenomenon. The article includes updated documents and proposals that have been discussed and adopted until the most recent reports in 2009.

Rule of Law and Human Rights Protections through Criminal Law Reform: Model Codes for Post-conflict Criminal Justice

This article examines the inter-relationship between the rule of law, criminal law reform and international human rights norms and standards in post-conflict societies from a theoretical as well as a practical perspective. In several peace operations, both national and international actors have faced significant challenges in reforming the domestic criminal law framework. Reflecting upon these challenges, many practitioners have called for the creation of law reform tools. With the aim of providing such tools, the Model Codes for Post-conflict Criminal Justice Project has developed a set of model criminal laws. The model codes have been drafted in a manner that is fully compliant with international human rights norms and standards in the field of criminal proceedings. The article discusses how such model codes may meaningfully contribute to domestic criminal law reform efforts, not as a panacea but a start for enhanced human rights protection in post-conflict states.

The Legal Architecture of Nationbuilding: An Introduction.

The fundamental question: how do we bring a population from a condition of hopelessness to one of self governance, sustainable growth, and viable participation in the world community. As Michael Reisman has asked, “[w]hat are the strategies available to communities in transition, for their process of redefinition, and what role should the international community-an increasingly effective participant in all these subcommunities take in the process?” From the standpoint of the legal profession, is there a portfolio of tasks and methods that are especially applicable to nation-building efforts and that signal a new moment or pivotal role for the lawyer in state reconstruction and the associated work of nation-building? … Do apparently disparate nationbuilding enterprises lend themselves to “structure,” by one definition of architecture? Can goals be better achieved by a systemic arrangement of the elements of the structure? The contributors to this volume explore these questions by considering the foundation and cornerstones of the architecture?

Critical Human Security Studies

From a critical security studies perspective is the concept of human security something which should be taken seriously? Does human security have anything significant to offer security studies? Both human security and critical security studies challenge the state-centric orthodoxy of conventional international security, based upon military defence of territory against threats. Both also challenge neorealist scholarship, and involve broadening and deepening the security agenda. Yet critical security studies have not engaged substantively with human security as a distinct approach to non-traditional security. This article explores the relationship between human security and critical security studies and considers why human security arguments have not made a significant impact in critical security studies. The article suggests a number of ways in which critical and human security studies might engage. In particular, it suggests that human security scholarship must go beyond its (mostly) uncritical conceptual underpinnings if it is to make a lasting impact upon security studies, and this might be envisioned as Critical Human Security Studies (CHSS).

Peacebuilding as Security in “Failing” and Conflict-Prone States

Peacebuilding activities in conflict-prone and post-conflict countries are based upon the assumption that effective, preferably liberal, states form the greatest prospect for a stable international order, and that failing or conflict-prone states represent a threat to international security. Peacebuilding is therefore a part of the security agenda. This has brought obvious benefits, most obviously much-needed resources, aid and capacity-building to conflict-prone countries in the form of international assistance, which has contributed to a decline in intrastate conflicts. However, there are a number of negative implications to the securitization of peacebuilding. This article considers the implications of this, and concludes that it is difficult to mediate between conventional and critical views of peacebuilding since they are premised upon quite different assumptions regarding what peacebuilding is and what it should be.

A New Moral Hazard? Military Intervention, Peacekeeping and Ratification of the International Criminal Court

The newly established International Criminal Court (ICC) promises justice to the victims of genocide, war crimes and crimes against humanity. Past offenders can be punished, while future potential offenders may be deterred by the prospect of punishment. Yet, justice is no substitute for intervention for the benefit of people at acute risk of being victimized. The Court may create a new moral hazard problem if the promise of ex post justice makes it easier for states to shy away from incurring the costs of intervention. This article indirectly tests for the relevance of this potential problem by estimating the determinants of ratification delay to the Rome Statute of the ICC. If the Court represents an excuse for inaction, then countries that are unwilling or unable to intervene in foreign conflicts should be among its prime supporters. Results show instead that countries that in the past have been more willing to intervene in foreign civil wars and more willing to contribute troops to multinational peacekeeping missions are more likely to have ratified the Statute (early on). This suggests that the Court is a complement to, not a substitute for intervention.

Captured Commitments: An Analytic Narrative of Transitions with Transitional Justice

How can outgoing autocrats enforce promises of amnesty once they have left power? Why would incoming opposition parties honor their prior promises of amnesty once they have assumed power and face no independent mechanisms of enforcement? In 1989 autocrats in a number of communist countries offered their respective oppositions free elections in exchange for promises of amnesty. The communists’ decision appears irrational given the lack of institutions to enforce these promises of amnesty. What is further puzzling is that the former opposition parties that won elections in many countries actually refrained from implementing transitional justice measures. Their decision to honor their prior agreements to grant amnesty seems as irrational as the autocrats’ decisions to place themselves at the mercy of their opponents. Using an analytic narrative approach, the author explains this paradox by modeling pacted transitions not as simple commitment problems but as games of incomplete information;that is, embarrassing information that provides insurance against the commitments being broken. The author identifies the conditions under which autocrats step down even though they can be punished with transitional justice and illustrates the results with case studies from Czechoslovakia, Poland, and Hungary.

Transitional Justice as Global Project: Critical Reflections

This article critically reflects on the ways in which the global project of transitional justice is channelled or streamlined in its scope of application. Using the categories of ‘when’, to ‘whom’ and for ‘what’ transitional justice applies, it argues that transitional justice is typically constructed to focus on specific sets of actors for specific sets of crimes. This results in a fairly narrow interpretation of violence within a somewhat artificial time frame and to the exclusion of external actors. The article engages themes of gender, power and structural violence to caution against the narrowing and depoliticisation of transitional justice.

The Rise of Outsourcing in Modern Warfare: Sovereign Power, Private Military Actors, and the Constitutive Process

In this article, we will examine these world order implications through the prism of the world constitutive process. This process is one of continuing communication and collaboration that examines, refines, and allocates competence in the international system. The process of contextual mapping might shed light on the terms associated with, and concepts communicated by, privatized military combat, which might be better understood when the contexts in which they are used are illuminated in a discriminating manner. Their multiple meanings are given coherence when we appreciate the divergent contexts within which they are used. To develop the appropriate predicate for contextual mapping, we recognize that, notwithstanding the various nuanced meanings attached to the concept of privatized military combat-as an outsourcing of national security responsibilities, as a part of a nation-building campaign to bring stability to a weak or failed state, as a mechanism to subvert congressional oversight, as a pretext to channel money to certain corporations, and more, we can nevertheless distill points of reference of sufficient conceptual generality to give coherence to the appropriate description of this form of outsourcing in the context of contemporary international law and international relations.

Options for Transitional Justice in Kenya: Autonomy and the Challenge of External Prescriptions

While there is broad agreement among key partners in Kenya’s government of national unity (GNU) on the need to implement transitional justice measures, the lack of a coherent approach by the government has to date hampered the debate in significant ways and will determine the future efficacy of anymechanism adopted. Key areas of concern include the efforts by political elites to capture the debate; the silencing of important voices; a failure to identify and define all key issues to be addressed by any transitional justice mechanisms employed; and a failure to fully understand the role of external institutions, such as the International Criminal Court (ICC). The article reviews the evolving transitional justice debate in Kenya and assesses the accountability options available, noting in particular the role of international norms and institutions in influencing the feasibility of local options. In this regard, the article interrogates key questions related to autonomy, including the question of whose justice and which mechanisms will be taken forward in the Kenyan context and how this will be determined.

Police-Building in Afghanistan: A Case Study of Civil Security Reform

Despite considerable effort and large sums of money spent over five years of police reform in Afghanistan, the investment has yet to yield significant results. Among the reasons outlined in this article are the failure to distinguish clearly between the different roles of the police and the military in contributing to security sector reform; a lack of strategic vision and effective planning; and a failure to capitalize on the insights, best practices and lessons learned from the last 30 years of police reform in the West. Finally, recommendations are made for remedying current problems and re-directing reform to achieve greater effectiveness.

Closing the Gap Between Peace Operations and Post-Conflict Insecurity: Towards a Violence Reduction Agenda

This article highlights how the instruments for addressing the presumed source(s) of armed violence need to be sharpened and extended to address the heterogeneous character of armed violence present in many post-conflict situations. These extensions require the development of practical armed violence prevention and reduction programmes that draw upon scholarship and practice from the criminal justice and public health sectors. The article argues that reducing organized violence and insecurity in post-conflict contexts requires responding to the wider dynamics of armed violence rather than focusing exclusively on insecurity directly connected to what are traditionally defined as armed conflict and post-conflict dynamics; and this requires attention not just to the instruments of violence, but also to the political and economic motives of agents and institutions implicated in violent exchanges at all levels of social interaction.

Professional Military Firms Under International Law

Although the United States has recently brought civilian contractors under the jurisdiction of the Uniform Code of Military Justice (“UCMJ”), their status under international treaty law remains uncertain. Protocol I and the Third Geneva Convention suggest four legal categories into which such contractors may fall: armed civilians, mercenaries, contractors accompanying the armed forces, or combatants subordinate to Parties to a conflict. This Article reviews each of these possibilities and concludes that, due to the language and history of these conventions, the evolution of warfare, and prudential reasons of state policy, only the last possible classification–that armed contractors are Party combatants for purposes of international law–is a reasonable interpretation of international law. Furthermore, this Article argues that the United States has several incentives to advocate a classification of armed contractors as members of the armed forces. First, due to the extension of UCMJ jurisdiction to armed contractors during contingency operations, the United States may be responsible for the acts of PMFs in its employ under the international law of state responsibility. Because of this, it is necessary for the United States to clarify the responsibilities and rights of PMFs in order to prevent military commanders and civilian leadership from facing accusations of war crimes. Additionally, while the United States currently holds a relative monopoly on both the provision and consumption of PMF services, there is no reason why other states may not begin to use such forces in manners inconsistent with American objectives. Thus, it is in the best interest of the United States to use its dominant market position to establish an international norm of state responsibility and to use its international clout either to codify such a norm into a treaty regime or to advocate the norm as a part of customary international law. To that end, this Article will propose draft language for an international agreement on the use of PMFs by state actors and suggest possible methods by which the norm of state responsibility could be promoted as customary international law.

Governance Without Government in Somalia: Spoilers, State Building, and the Politics of Coping

This article assesses the challenges of state revival in Somalia. It reviews the roots of state collapse in the country, attempts to explain the repeated failure of state-building projects, tracks trends in contemporary governance in Somalia and Somaliland, and considers prospects for integrating local, “organic” sources of governance with top-down, “inorganic” state-building processes. The Somalia case can be used both to document the rise of governance without government in a zone of state collapse and to assess the changing interests of local actors seeking to survive and prosper in a context of state failure. The interests of key actors can and do shift over time as they accrue resources and investments; the shift “from warlord to landlord” gives some actors greater interests in governance and security, but not necessarily in state revival; risk aversion infuses decision making in areas of state failure; and state-building initiatives generally fail to account for the existence of local governance arrangements. The possibilities and problems of the “mediated state model,” in which weak states negotiate political access through existing local authorities, are considerable.

Security Sector Reform in Haiti

This study examines the experience of the United Nations interventions to reform Haiti’s security sector as part of a larger effort to rebuild the Haitian state. Despite multilateral attempts in the 1990s to demobilize the army, create a police force and implement reforms, the lack of elite support, insufficient judicial sector capacity and persistence of corruption led to the current resurgence of violence. The study concludes that a legitimate national dialogue with local elites, and long-term donor involvement, specifically of the United Nations, are necessary to ensure that justice, security, development and the governance sector are developed simultaneously to prevent Haiti from becoming a failed state.

Trauma and Vengeance-Assessing the Psychological and Emotional Effects of Post-Conflict Justice

Do war crimes tribunals or truth commissions satisfy victims of war and atrocity and provide psychological relief from war-induced trauma? Do they make victims less vengeful and less likely to engage in or support violent retribution? Or does the experience of post-conflict justice simply reinforce and exacerbate emotional and psychological suffering? Answers to these questions are central to the logic of truth-telling’s peace-promoting effects in post-authoritarian and post-war societies. Indeed, one of transitional justice’s core arguments is that victims of wartime abuse demand truth and justice. These arguments, however, assume that truth-telling processes, on average, provide psychological and emotional benefits to victims. Some critics have argued, however, that they actually cause more harm than good. Although victims’ preferences for truth and justice are well documented, we know considerably less about their actual impact. This article assesses that impact by surveying the extant empirical evidence from prominent cases of transitional justice, as well as research in forensic and clinical psychology. It finds a paltry empirical record that offers little support for claims of either salutary or harmful effects of post-conflict justice. Although there is little evidence that truth-telling in general dramatically harms individuals, the notion that formal truth-telling processes satisfy victims’ need for justice, ease their emotional and psychological suffering, and dampen their desire for vengeance, remains highly dubious.

Kenya and the Rule of Law: The Perspective of Two Volunteers

Reaction to Kenya’s 2007 national elections was explosive. Riots claimed at least 1000 lives, and upwards of 300,000 people were displaced from their homes. The public lacked faith in both the ballot counting and in the impartiality of dispute resolution by the judiciary. On both counts, public cynicism was justified. No democracy can flourish without the rule of law. In the absence of faith in the rule of law to replace police state oppression, government stability is evanescent. Rule of law is a habit; it grows only through steady erosion of past practices and constant reminders to officials that the times have changed. Public faith in the rule of law cannot be demanded-it must be earned. Kenya emerged from dictatorial control in 2002. The process of gaining public faith in the rule of law is a long one, and Kenya is in the middle of it…Our work would include training the younger lawyers in the firm in strategy, case selection, legal research, brief writing, and trial tactics. In addition, we would work with an affiliated organization, the International Centre for Constitutional Research and Governance (ICCRG), a body created as an educational resource on matters of constitutionalism, democracy, and the rule of law for those in the legal, political, and public realms. We were to play a small role in helping to foster the rule of law in Kenya, and met with both success and failures in that task. The true import of these successes and failures can only be understood, however, in the context of the legal and political landscape in which we were operating.

Contracting for Wartime Actors: The Limits of the Contract Paradigm

Wartime contracts raise challenges to the classic contract doctrines of performance and remedies. First, privatization of numerous military and support functions (even support services such as trucking, laundry and food preparation) has placed private sector contractors in active war zones leading to difficulty in contract performance and injury or death to some contractors. Second, privatization of these functions necessitates that the government employ a functional supervisory system that ensures accountability to the government for contractor actions. How prepared is contract law to resolve disputes raised by these scenarios? This essay explores the role of contract in wartime and, in particular, reconstruction and the shortcomings of trying to use contract law in its current form to achieve the goals contemplated by the architects of the Iraq war. First, it considers the use of government contracts to privatize numerous government functions during the reconstruction and conflict in Iraq. Second, it considers the private ordering by contract done by government contractors to obtain security and related services from third parties. Both types of contracting raise complicated issues, including the proper use of force, to what extent the contracts should have government oversight, to what extent contractors should be accountable for crimes and whether contractors qualify as noncombatants in case of capture. Heavy reliance on contract law to address these problems raises complicated issues of delegation, performance, breach, assumption of risk, excuse and remedies. The general parameters of contracting with the U.S. government shall serve as a precursor to this discussion.

Legal Professionals in Development: Timor-Leste’s Legislative Experiment

Considerable effort is being undertaken to consolidate Timor-Leste’s post-conflict legacy of incomplete and conflicting legal traditions. Whilst aid interventions have typically prioritised the strengthening of courts, relatively little attention has been given to the role of the justice sector professionals who must occupy them. With the recent regulation, by Timor-Leste’s National Parliament, of the legal profession, there is now an implicit investment in the potential of lawyers collectively to support the nation-building endeavour. Their ability to assist in navigating a complex and evolving system makes them critical personnel for building confidence in formal processes and promoting identification with state objectives. Functioning as educators and intermediaries between community and government, lawyers have the potential to wield, or otherwise to fall victim to, political power. This paper examines the growing importance of the legal profession as a stakeholder in Timorese security and development. The role of lawyers as agents of reform is discussed and obstacles to greater engagement with policy formation are considered.

The Rule of Law and Its Promotion Abroad: Three Problems of Scope

At the outset of the twenty-first century, the rule of law is no longer a concept exclusively, or even primarily, defined and debated by political philosophers and constitutional lawyers, as had been the case in centuries past. Over the last decade in particular, the rule of law has become “the motherhood and apple pie of development economics.” Western democracies, their regional organizations, NGOs, and the multilateral development agencies they control, now pour billions of dollars and euros into projects designed to measure the rule of law, create it where it does not exist – in closed dictatorships, failed states, and post-conflict zones – and to strengthen it in transitional and struggling democracies around the globe. Institutionalists of different hews have come to see it as central to modern statehood, impartial economic exchange, and objective justice. Democracy scholars are pointing to it as the essential, non-electoral dimension of democratic substance. Together with human rights and democracy, the rule of law is now upheld by liberal internationalists as a central pillar in the “virtuous trilogy” upon which a legitimate international order rests, while international security experts have come to see it as indispensable to ending civil wars, building durable peace, and fighting insurgencies, transnational crime, and terrorism. Against this background – of “a venerable part of Western political philosophy” having turned into “a rising imperative of the era of globalization,” as Carothers put it – existing mainstream legal discourses about the rule of law and its promotion abroad run the risk of being outpaced, even sidelined into relative obsolescence. The fact that intellectual and policy involvement with the notion of the rule of law are no longer the exclusive purview of lawyers need not be lamented; indeed, it is to be generally welcomed. Rather, this article argues, to be of genuine relevance to one of the foremost challenges the free world is facing and is likely to face for many decades to come – the challenge of fostering self-sustaining, well-governed free societies in parts of the world where these are absent or weak – lawyers must overcome three main “problems of scope” that presently afflict the rule of law literature and policy enterprise.

Hybrid Peace: The Interaction Between Top-Down and Bottom-Up Peace

This article is interested in the interface between internationally supported peace operations and local approaches to peace that may draw on traditional, indigenous and customary practice. It argues that peace (and security, development and reconstruction) in societies emerging from violent conflict tends to be a hybrid between the external and the local. The article conceptualizes how this hybrid or composite peace is constructed and maintained. It proposes a four-part conceptual model to help visualize the interplay that leads to hybridized forms of peace. Hybrid peace is the result of the interplay of the following: the compliance powers of liberal peace agents, networks and structures; the incentivizing powers of liberal peace agents, networks and structures; the ability of local actors to resist, ignore or adapt liberal peace interventions; and the ability of local actors, networks and structures to present and maintain alternative forms of peacemaking.

The Liberal Peace and Post-War Reconstruction: Myth or Reality?

The post-Cold War has witnessed enormous levels of western peacekeeping, peacemaking and reconstruction intervention in societies emerging from war. These western-led interventions are often called ‘liberal peacebuilding’ or ‘liberal interventionism’, or statebuilding, and have attracted considerable controversy. In this study, leading proponents and critics of the liberal peace and contemporary post-war reconstruction assess the role of the United States, European Union and other actors in the promotion of the liberal peace, and of peace more generally. Key issues, including transitional justice and the acceptance/rejection of the liberal peace in African states are also considered. The failings of the liberal peace (most notably in Iraq and Afghanistan, but also in other locations) have prompted a growing body of critical literature on the motivations, mechanics and consequences of the liberal peace. This volume brings together key protagonists from both sides of the debate to produce a cutting edge, state of the art discussion of one the main trends in contemporary international relations.

Negotiating the Right of Return

Negotiating the right of return is a central issue in post-conflict societies aiming to resolve tensions between human rights issues and security concerns. Peace proposals often fail to carefully balance these tensions or to identify incentives and linkages that enable refugee return. To address this gap, the article puts forward an alternative arrangement in negotiating refugee rights currently being considered in the bilateral negotiations in Cyprus. Previous peace plans for the reunification of the island emphasized primarily Turkish Cypriot security and stipulated a maximum number of Greek Cypriot refugees eligible to return under future Turkish Cypriot administration. The authors’ alternative suggests a minimum threshold of Greek Cypriots refugees plus self-adjustable incentives for the Turkish Cypriot community to accept the rest. The article reviews different options including linking actual numbers of returnees with naturalizations for Turkish settlers or immigrants, Turkey’s EU-accession, and territorial re-adjustments across the federal border. In this proposed formula, the Greek Cypriot side would reserve concessions until refugee return takes place, while the Turkish Cypriot community would be demographically secure under all scenarios by means of re-adjustable naturalization and immigration quotas. Drawing parallels with comparable cases, the article emphasizes the importance of making reciprocity and linkages explicit in post-conflict societies.

International Justice After Conflict: Outreach, Legacy and Accountability

This book critically examines the role of outreach within the application of international justice in post-conflict settings. The assumption that justice brings peace underpins much of the thinking, and indeed action, of international justice, yet little is known about whether this is actually the case. Significant questions surrounding the link between peace and justice remain: do trials deter would-be war criminals; is justice possible for the most heinous crimes; can international justice replace local justice? This book explores these questions in relation to recent developments in international justice that have both informed and shaped the creation of the hybrid tribunal in Sierra Leone. This was the first hybrid tribunal to be based in situ, equipped with a dedicated Outreach office. Outreach was seen as essential to ensuring that expectations were managed for what was ultimately a limited judicial mechanism. Yet, there is little evidence to support the claim that Outreach garnered wide-spread acceptance of the Special Court. This book explores the challenge and tensions in communicating the role of international justice in a post-conflict setting. The goals of international justice after conflict are clear: hold fair and transparent trials of alleged perpetrators under the strict adherence to international judicial procedures in order to establish accountability for the worst crimes against humanity. The assumption being that this will contribute to peace by firmly drawing a line under the past in order to move forward peacefully. This has been evident with the recent drive towards international judicial intervention after conflict in places such as the former Yugoslavia, Uganda and Afghanistan. But so far these assumptions remain largely untested. Few empirical studies examine how justice contributes to peace and within these instances, how the complexity of international justice mechanisms have been communicated to their respective audiences in order to foment wide-spread knowledge and understanding of the processes. This book addresses this deficit by testing these assumptions on the ground in a post-conflict setting in West Africa.

Statebuilding without Nation-building? Legitimacy, State Failure and the Limits of the Institutionalist Approach

The paradox of attempting to (re)construct state institutions without considering the socio-political cohesion of societies recurs throughout the world, most notably today in the Middle East, Africa and the Balkans. This essay tries to shed some light on the debate around the concepts of state and nation-building. Drawing on a sociological understanding of the modern nation-state, it contends that it is impossible to conceive of statebuilding as a process separate from nation-building. This essay identifies two different schools of thought in the discussion concerning the statebuilding process, each of which reflects different sociological understandings of the state. The first one, an ‘institutional approach’ closely related to the Weberian conception of the state, focuses on the importance of institutional reconstruction and postulates that statebuilding activities do not necessarily require a concomitant nation-building effort. The second, a ‘legitimacy approach’ influenced by Durkheimian sociology, recognizes the need to consolidate central state institutions, but puts more emphasis on the importance of socio-political cohesion in the process. Building on this second approach and demonstrating its relevance in contemporary statebuilding, this article concludes with a discussion of recent statebuilding attempts and the ways external actors can effectively contribute to statebuilding processes.

Corrupting Peace? Peacebuilding and Post-conflict Corruption

Many conflict-affected countries are among the most corrupt in the world, and corruption is frequently reported as a major concern of local populations and foreign aid agencies during transition to peace. Tackling corruption is part of liberal peacebuilding, which seeks to consolidate peace through democracy and free markets economy. Yet liberalization policies may also foster corruption. Using a preliminary analysis of selected corruption perception indicators, this article finds tenuous and divergent support for post-conflict patterns of corruption. Three main arguments linking liberal peacebuilding with higher levels of corruption are then presented for further elaboration, and a research agenda is outlined.

Conclusion: Security Sector (Re)construction in Post-conflict Settings

This essay concludes a study of how the international community has approached the security sector in six countries where there has been severe conflict leading to significant international engagement. Various factors are identified as being critical in shaping the outcome of (re)construction efforts, and they are evaluated from several perspectives. External actors have tended to take a limited and unbalanced approach to the security sector, focusing on building the efficiency of statutory security actors, and neglecting the development of managerial and governance capacity. While programmes tended to become more effective after the first major post-Cold War effort was undertaken in Haiti in 1994, the situation in Afghanistan may point to a reversal of this trend.

Media, Trials and Truth Comissions: ‘Mediating’ Reconciliation in Peru’s Transitional Justice Process

Increasing emphasis is being given to truth commissions in efforts to achieve transitional justice goals, including the establishment of a collective memory, democracy and reconciliation. Truth commissions alone cannot guarantee that these goals will be met, however. The authors of this article believe that the media also has a definitive impact on the process. Indeed, how the media portrays transitional justice mechanisms, such as truth commissions and trials, often determines how they are received in a postconflict society. Failure to take into account the importance of public opinion during transitional justice processes carries the risk of societal divisions being reinforced, which appears to have been the case in Peru. The authors argue that, for this reason, attention should be paid to establishing a constructive societal dialogue, which is often most possible through attention to the reform and support of the local media. Although a national dialogue may not always result in an agreed-upon collective memory, it is arguably a prerequisite. The media plays an important role in this endeavor and may ultimately encourage or hinder reconciliation and the recurrence of conflict.

Transitional Justice and Peacebuilding after Mass Violence

Since the end of the Cold War, the international community has become increasingly involved in peacebuilding and transitional justice after mass violence. This article uses lessons from practical experience and theories of peacebuilding and transitional justice to develop a model of transformative justice that supports sustainable peacebuilding. This model is holistic and transdisciplinary and proposes a focus on civil society participation in the design and implementation of transitional justice mechanisms. It requires us to rethink our focus on ‘transition’ as an interim process that links the past and the future, and to shift it to ‘transformation,’ which implies long-term, sustainable processes embedded in society and adoption of psychosocial, political and economic, as well as legal, perspectives on justice. It also involves identifying, understanding and including, where appropriate, the various cultural approaches to justice that coexist with the dominant western worldview and practice. Asyncretic approach to reconciling restorative and retributive justice is proposed as a contribution to developing transformative justice and sustainable peacebuilding. The development of this transformative justicemodel is informed by field research conducted in Cambodia, Rwanda, East Timor and Sierra Leone on the views and experiences of conflict participants in relation to transitional justice and peacebuilding.

Iraq: Exception to, or Epitome of Contemporary Post-conflict Reconstruction?

In the literature on post-conflict reconstruction, the intervention in Iraq has been understood as an exception to, if not an aberration from, contemporary state-building. This article argues that whether Iraq is an exception to, or the epitome of post-conflict reconstruction depends on the genealogy one attributes to the latter. Denying that Iraq is an exemplary instance of contemporary reconstruction means neglecting the continuities of state-building from interwar trusteeship via Germany and Vietnam to the contemporary reproduction of the neoliberal model continuities which the example of Iraq exposes more clearly than prior cases. An outline of the genealogy of state-building and an analysis of Iraqi reconstruction both point to the reproduction of a hegemonic international order as the rationale of statebuilding now and then.

The Mad Scramble of Congress, Lawyers, and Law Students After Abu Ghraib: The Rush to Bring Private Military Contractors to Justice

After the Abu Ghraib abuse became public, Congress and the world decried the actions of the military police, resulting in the prosecution of several military personnel. The military police, however, had accomplices in the abuse. Private military contractors accounted for one-third of the abuses at Abu Ghraib. Yet, none of those private military contractors ever faced criminal prosecution for their role in the abuse. The lack of prosecution gave way to a mad scramble. Congress, lawyers, and law students introduced solutions on how to bring private military contractors to justice. Nonetheless, private military contractors continue to commit crimes without any criminal prosecution. This lack of prosecution came to light again after a September 16, 2007 incident in which contractors for Blackwater allegedly fired at innocent Iraqi civilians. The incident angered the Iraqi government and the House of Representatives went on yet another mad scramble to ensure that, in the future, private military contractors will face criminal prosecution. Part II of this article describes the impetus behind the initial mad scramble after Abu Ghraib. Part III analyzes the congressional solution that resulted from the initial mad scramble, the Military Extraterritorial Jurisdiction Act (“MEJA”). Part III also discusses reasons why MEJA will fail to withstand judicial scrutiny and argues that further congressional response will suffer the same fate. Part IV describes the other congressional solution, court-martial, and why it also fails as a viable solution. Part V analyzes the other proposed solutions to bring private military contractors to justice and describes why they will not work. Part VI discusses a proposed solution that addresses the shortcomings of current congressional approaches.

Iraq’s Political Transition After the Surge: Five Enduring Tensions and Ten Key Challenges

The common refrain that the surge has produced military success that has not been matched by political progress fundamentally misrepresents the nature of Iraq’s political evolution. The increased security achieved over the last two years has been purchased through a number of choices that have worked against achieving meaningful political reconciliation. The reductions in violence in 2007 and 2008 have, in fact, made true political accommodation in Iraq more elusive, contrary to the central theory of the surge. Rather than advancing Iraq’s political transition and facilitating power-sharing deals among Iraq’s factions, the surge has produced an oil revenue-fueled, Shia-dominated national government with close ties to Iran. This national government shows few signs of seeking to compromise and share meaningful power with other frustrated political factions. The surge has set up a political house of cards. But this does not mean that the U.S. military must stay longer to avoid its collapse. Quite the contrary: Without a U.S. military drawdown, Iraq will not be able to achieve the true internal consolidation of power necessary to advance U.S. security interests in the Middle East. Iraq will need to overcome numerous hurdles in its political transition before the end of 2009, including two elections and a long list of unresolved power-sharing questions. Not all of the 10 key challenges outlined in this report are of equal magnitude-failure to resolve some would likely lead to major, systemic crisis, while failure on others would simply be suboptimal. Yet all are interconnected, and none have been resolved by the security improvements of the last 18 months or will be meaningfully addressed simply by postponing U.S. troop withdrawals.

Rethinking State-building in a Failed State

Somalia is, in short, a nightmare for its own citizens and a source of grave concern for the rest of the world. Ironically, however, the international community bears much of the responsibility for creating the monster it now fears. Previous attempts to help Somalia have foundered because they have been driven by the international community’s agenda, rather than by Somali realities. The UN, Western governments, and donors have tried repeatedly to build a strong central governmentthe kind of entity that they are most comfortable dealing within defiance of local sociopolitical dynamics and regional history. Not only have these ill-judged efforts met with inevitable failure, but they have also endangered the traditional social structures that have historically kept order. Instead of repeatedly trying to foist a Western style top-down state structure on Somalia’s deeply decentralized and fluid society, the international community needs to work with the country’s long-standing traditional institutions to build a government from the bottom up. Such an approach might prove to be not only Somalia’s salvation but also a blueprint for rescuing other similarly splintered states.

The Rise of Afghanistan’s Insurgency: State Failure and Jihad

In 2002 Afghanistan began to experience a violent insurgency as the Taliban and other groups conducted a sustained effort to overthrow the Afghan government. Why did an insurgency begin in Afghanistan? Answers to this question have important theoretical and policy implications. Conventional arguments, which focus on the role of grievance or greed, cannot explain the Afghan insurgency. Rather, a critical precondition was structural: the collapse of governance after the overthrow of the Taliban regime. The Afghan government was unable to provide basic services to the population; its security forces were too weak to establish law and order; and there were too few international forces to fill the gap. In addition, the primary motivation of insurgent leaders was ideological. Leaders of the Taliban, al-Qaida, and other insurgent groups wanted to overthrow the Afghan government and replace it with one grounded in an extremist interpretation of Sunni Islam.

Establishing Law and Order After Conflict

This study contains the results of research on reconstructing internal security institutions during nation-building missions. It analyzes the activities of the United States and other countries in building viable police, internal security forces, and justice structures. This study examines in detail the reconstruction efforts in Iraq, Afghanistan, and Kosovo, three of the most important instances in the post-Cold War era in which the United States and its allies have attempted to reconstruct security institutions. It then compares these cases with six others in the post-Cold War era: Panama, El Salvador, Somalia, Haiti, Bosnia, and East Timor. Finally, the study draws conclusions from the case studies and analysis, and derives recommendations to help the United States and other international actors improve their performance in the delivery of post-conflict security. The results should be of interest to a broad audience of policymakers and academics concerned with the successes and shortcomings of past security efforts. Although the study is not intended to be a detailed analysis of U.S. or allied military doctrine regarding stability operations, we believe it provides a useful set of guidelines and recommendations for a wide range of military, civilian, and other practitioners.

Civil War and the Rule of Law: Security, Development, Human Rights

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? This book addresses these fundamental questions, analyzing rule of law programs in the context of conflict prevention, peacekeeping, and peacebuilding activities.

Moving Beyond Rethinking the “State of the State”: To the Challenge of Reshaping International Contributions to Peace Operations

The need for an accurate understanding of the environment into which peace- and capacity-building missions are deployed cannot be overstated. Suppositions about the mission environment inform every facet of an intervention’s design and implementation, in addition to expectations surrounding success. Yet this critical element continues to be misunderstood by those most in need of an accurate grasp, a condition which severely undermines the war to peace transition. Rather than continuing to assume that recipient states are states in the Western sense of the term, we must instead focus our energies on how best to enable sustainable peace in the hybrid political orders which do in fact constitute these troubled places. After setting out the largely unrecognised characteristics of recipient societies, the article explores alternative forms of assistance with promise to complement such realities.

Framing the Issue: UN Responses to Corruption and Criminal Networks in Post-Conflict Settings

This article examines the links between peace operations and combating transnational organized crime. It argues that while UN Security Council mandates direct UN missions to support establishing the rule of law in states that host peace operations, their role in addressing organized crime is more implicit than explicit. This article notes, however, that UN panels of experts, small fact-finding teams appointed to monitor targeted sanctions, may offer insight into, and options for addressing, such criminal networks. Panel findings and recommendations, however, are not integrated with related UN efforts to build the rule of law. This lack of integration reflects a need, on the part of the UN and its member states, to address better the ability of peace operations, UN panels of experts, and other tools for peacebuilding to contribute more effectively to fighting spoiler networks and organized crime.

The Unavoidable Ghettoization of Security in Iraq

Post-conflict cities represent a laboratory in which to explore the substate orientation of security. Based on an analysis of developments in Baghdad, Basra and Falluja since 2003, this article argues not only that security is inherently selective, but also that the exclusionary actions of local or sectarian groups are more influential than those of statebased agents or projects based on security for the individual. The notion of security can accommodate multiple interpretations, but in practice a dominant discourse controls its meaning, and negotiation soon develops into patterns of domination and exclusion. This typically leads to a ‘ghettoization’ of security, whereby specific groups are secure only in specific areas. Security thus reflects the sum of myriad local arrangements. The key issue, therefore, is not whether there can be security for all, but the nature of the concessions made by substate and state-based types of security, and the contrast between them and models based on security for the individual.

Gender and Nation-Building: Family Law as Legal Architecture

Although the discipline of family law in the western legal tradition transcends the public/private law boundary in many ways, it is the argument of this Essay that family law, in the private law sense of defining the rights and obligations of members of a family, forms an important part of the legal architecture of nation-building in at least three ways. First, access to the resources of the nation-state devolves through biologically and culturally gendered national boundaries, both reflecting and reinforcing the differential status of men and women in the sphere of the family. Second, the social institution of the family and the legal framework that defines it embody power relations that, in turn, help to shape the larger polity. Hence, laws governing marriage, divorce, marital property, maintenance, child custody, child support, cohabitation, inheritance, and illegitimacy define not only power and status within families, but also within civil society, the market, and the political sphere. Third, the symbolic family, and sometimes the law defining it, may figure in important ways in the struggle for national identity that often takes place contemporaneously with nation-building. In Part II of this Essay, we explore the first claim, that national boundaries are gendered through the use of family relationships to control access to citizenship and thus to the resources and the protection of the state. We suggest that the use of kinship ties in an explicitly gendered way in the United States reinforces a concept of ethnic nationalism, casting women, and especially mothers, as the symbolic protectors of national identity. In Part III, we analyze ways in which family structure is defined by and reinforces hierarchy within the larger society. Following an exploration of theoretical arguments concerning the interplay of family and social hierarchy, we offer as an example of this dynamic the historical manipulation of African customary law by colonial powers. Finally, in Part IV, we argue that the ideology of the family often figures in important ways in the development of national identity in post-colonial or post-crisis states. We then discuss the example of South Africa and show how family law can serve as a site for the intersection of nationalist politics and the legal architecture of the nation-building process, here again in ways that are highly gendered.

Ethics, Rhetoric and Politics of Post-Conflict Reconstruction: How Can the Concept of Social Contract Help Us in Understanding How to Make Peace Work?

Since existing injustices and the quest for justice are seen to be the main causes for violent clashes, it is often claimed that the restoration of justice must be the most important goal of post-conflict reconstruction. However, the current policy approaches, social movements and theoretical models for conflict resolution tend to look at justice from merely technical point of view, as a rapid fix to overcome war and violence. This relates the notion of ‘peace’ to ‘security’ and replaces the concept of ‘justice’ with the concepts of ‘law and order’. Restoration of justice, however, does not merely mean requirement of impartiality. This paper presents an ethical analysis on the relationship between the rule of law, social justice, the principle of impartiality and social cohesion in a post-conflict society by examining the problems of the social contract approach through communitarian and feminist critiques. The aim of the paper is to map out the ethical dilemmas involved in peace negations based on ‘constructing’ or ‘restoring’ justice in a society, and to guide a way towards more a comprehensive framework of ethics of justice for post-conflict reconstruction.

Can Peacekeepers Be Peacebuilders?

The role of UN peacekeeping missions has expanded beyond the traditional tasks of peacekeeping to include a wide range of political, economic, and humanitarian activities. While such expansion indicates an improved understanding of the complexities and challenges of post-conflict contexts, it also raises questions about whether UN peacekeeping missions are equipped to handle peacebuilding tasks. Evidence from a study of the peacekeeping mission in Sierra Leone suggests they are not. This article argues that peacekeeping missions are a poor choice for peacebuilding given their limited mandates, capacity, leverage, resources and duration. Peacekeepers should focus on peacekeeping, by which they can lay the foundation for peacebuilding. Peacebuilding should be the primary task of national governments and their populations.

Unspeakable Truths: Transitional Justice and the Challenge of Truth Commissions

In a sweeping review of forty truth commissions, Priscilla Hayner delivers a definitive exploration of the global experience in official truth-seeking after widespread atrocities. When Unspeakable Truths was first published in 2001, it quickly became a classic, helping to define the field of truth commissions and the broader arena of transitional justice. This second edition is fully updated and expanded, covering twenty new commissions formed in the last ten years, analyzing new trends, and offering detailed charts that assess the impact of truth commissions and provide comparative information not previously available. Placing the increasing number of truth commissions within the broader expansion in transitional justice, Unspeakable Truths surveys key developments and new thinking in reparations, international justice, healing from trauma, and other areas. The book challenges many widely-held assumptions, based on hundreds of interviews and a sweeping review of the literature. This book will help to define how these issues are addressed in the future.

“Walking Together” Toward Independence? A Civil Society Perspective on the United Nations Administration in East Timor, 1999-2002

Issues surrounding legitimacy and the role of civil society are at the forefront of contemporary global governance debates. Examining the United Nations Transitional Administration in East Timor (UNTAET) and focusing on the specific issue areas of justice and gender, this article evaluates the effectiveness and accountability of the administration from the perspective of East Timorese civil society, whose voice is largely absent from previous analyses. Drawing on the archive of the prominent civil society group La’o Hamutuk, this study adds precision and nuance to an area of research characterized by broad-stroke assessments of the legitimacy of multinational interventions. It finds variations in the levels of overall legitimacy exhibited by particular issue areas and differences in terms of the configuration of accountability and effectiveness enjoyed by UNTAET. Although sounding a cautionary note about the degree of civil society influence in global governance, the study concludes that La’o Hamutuk nevertheless provided a more diffuse sense of discursive voice and accountability than would otherwise have been accorded the East Timorese during this crucial period in their history.

Kosovo and the UN

Kosovo’s declaration of independence from Serbia was followed by sporadic violence on the ground, and sharply divided the international community. Russia, China, India and a majority of the world’s nations opposed what was characterised as ethnic separatism. The United States and much of the European Union supported Kosovo’s independence as the last step in the non-consensual break-up of the former Yugoslavia. UN Secretary-General Ban Ki-moon sought to defuse the crisis with a package of measures including the drawdown of the UN mission that had administered Kosovo since 1999, Security Council support for the deployment of a European Union rule-of-law mission, and a status-neutral framework within which recognising and non-recognising countries could cooperate while Kosovo’s transition continued. Almost three years later, Kosovo’s new institutions have progressed significantly; Serbia is governed by moderates focused on that country’s European future, and the international military and civil presences are being reduced.

(Re)Imagining Coexistence: Striving for Sustainable Return, Reintegration and Reconciliation in Bosnia and Herzegovina

Prior to the 1992–1995 war in Bosnia and Herzegovina, Bosniaks, Serbs and Croats shared neighbourhoods and friendships. The war, through its objective and effect, divided these communities and groups. Postconflict, the physical return of displaced persons and refugees was, and remains, insufficient to renew coexistence. Moreover, the weak economy aggravates divisions, further impeding sustainable return and reconciliation. Recognising these difficulties, UNHCR launched ‘Imagine Coexistence,’ a series of activities designed to rebuild trust among ethnic groups in areas of return. Many of the activities involved an income-generating component. The article reviews this and other similar initiatives that aim to promote livelihoods, community development, return and coexistence concurrently. It finds that while such inventive projects receive limited attention and funding, they have achieved successes in repairing social relationships, addressing poverty and strengthening communities in Bosnia. Consequently, they should be given greater prominence in Bosnia and more generally in the design of transitional justice and peace building interventions.

War Crimes, Democracy, and the Rule of Law in Belgrade, the Former Yugoslavia, and Beyond

The creation and operation of the International Criminal Tribunal for the Former Yugoslavia (ICTY) is an advance in the rule of law and arguably part of a larger process of the globalization of democratic norms. Yet support for the ICTY is increasingly influenced by local processes in which these norms are contested by indigenous parties and forces. We explore this issue with regard to support of Serbs living in and outside of Serbia for the ICTY in comparison to local courts. Serbs in Belgrade are distinctive in insisting that war criminals be tried in their places of origin, while Serbs in Sarajevo and Vukovar agree with other groups in these settings that war criminals should be tried in the locations where their crimes occurred. This is compelling evidence of the localized influence of cultural norms on ethnic and national group members in post–war crime settings.

The Secretary Will Deny All Knowledge of Your Actions: The Use of Private Military Contractors and the Implications for State and Political Accountability

This article argues that the main issue regarding the use of private military contractors (PMCs) is that of accountability. It begins by exploring the status of mercenaries in international law, as reflected in various conventions, protocols, and state practice. It maintains that contrary to popular belief, the use of PMCs or mercenaries–no matter how defined–is not a violation of international law. However, their use has serious political implications at both the domestic and state levels because it obfuscates the issue of ultimate responsibility.

Re-Ordering Justice: Towards A New Methodological Approach to Studying Transitional Justice

Scholars and policymakers have turned increasing attention to questions of transitional justice, those legal responses to a former regime’s repressive acts following a change in political systems. Although there is a rich, interdisciplinary literature that addresses the value of various transitional justice measures, theoretical arguments for how and under what conditions we should expect to see these measures implemented tend to gravitate to intuitively appealing relative power considerations. But attempts at parsimony have tended to leave the dependent variable either overly restrictive or poorly defined, yielding theories that are difficult to test. In this article, the author proposes a “transitional justice spectrum” based on a hierarchical series of possible accountability mechanisms and designed to allow researchers to conduct more rigorous, cross-national tests of justice arguments. The objective here is not to posit a broad theory of transitional justice, but to open the debate into a methodological weakness in the transitional justice literature. The article includes seven accountability mechanisms: cessation and codification of human rights violations; condemnation of the old system; rehabilitation and compensation for victims; creation of a truth commission; purging human rights abusers from public function; criminal prosecution of executors (those lower on the chain-of-command); criminal prosecution of commanders (those higher on the chain-of-command).

Promoting the Rule of Law in Timor-Leste

The international community is eagerly promoting the concept of the rule of law in post-conflict states such as Timor-Leste in the belief that it will lead to political and social stability. To attract international legitimacy, Timorese leaders are also keen to be seen to be invoking the rule of law although the manner in which they understand and use the concept often diverges from dominant Western understandings. The concept of the rule of law assumes that the state enjoys a monopoly of law. This article examines the resonance of the rule of law at the local level in Timor-Leste in light of the fact that customary law is the type of law with which people are likely to have first and frequent contact as the state has little reach beyond the capital. It concludes by recommending that all actors promoting the rule of law in post-conflict states need to equip themselves with a strong understanding of how the population engages with legal norms in order to effectively promote the rule of law.

Transformation and the Independence of the Judiciary in South Africa

This paper is intended to provide a perspective on questions related to the independence of the judiciary in present-day South Africa. While South Africa is no longer in the heart of its political transition, the legacy of apartheid rule is still strongly felt and post-apartheid “transformation” continues to be a central concern of government and society more broadly. But how does judicial independence relate to transformation? Rather than conceiving of it as a separate issue, this paper departs from the point of view that the consolidation of judicial independence is a key dimension of the process of judicial transformation in South Africa. If this is so, the question arises as to whether there may be tensions between independence and other key elements of transformation, including the creation of a judiciary that is representative of the people and that is dedicated to protecting and promoting South Africa’s constitutional values, fostering an atmosphere of judicial accountability, and improving the efficiency and appropriateness of the justice system to ensure access to justice for all people.

Bribes or Bargains? Peace Conditionalities and ‘Post-Conflict’ Reconstruction in Afghanistan

This article focuses on the role of international aid donors in Afghanistan since the signing of the Bonn Agreement in 2001. Specifically, it explores the scope and utility of peace conditionalities as an instrument for peace consolidation in the context of a fragile war-to-peace transition. Geo-strategic and institutional concerns have generally led to an unconditional approach to assistance by international actors. It is argued that large inflows of unconditional aid risk re-creating the structural conditions that led to the outbreak of conflict. Aid conditionalities need to be re-conceptualized as aid-for-peace bargains rather than as bribes for security. Some forms of conditionality are necessary in order to rebuild the social contract in Afghanistan. This finding has wider relevance for aid donors and they should reconsider orthodox development models in ‘fragile state’ settings. Rather than seeing conditionalities and ownership as two ends of a policy spectrum, the former may be a necessary instrument for achieving the latter.

Corrupting or Consolidating the Peace? The Drugs Economy and Post-conflict Peacebuilding in Afghanistan

This article examines how the drugs economy emerged, evolved and adapted to transformations in Afghanistan’s political economy. With a primary focus on the conflictual war to peace transition following the signing of the Bonn Agreement, the relationship between drugs and political (dis)order is explored. Central to the analysis is an examination of the power relationships and institutions of extraction that developed around the drug economy. Expanding upon a model developed by Snyder (2004), it is argued that joint extraction regimes involving rulers and private actors have tended to bring political order whereas private extraction regimes have led to decentralized violence and political breakdown. This model helps explain why in some parts of Afghanistan drugs and corruption have contributed to a level of political order, whereas in other areas they have fuelled disorder. Thus, there is no universal, one-directional relationship between drugs, corruption and conflict. Peacebuilding involves complex bargaining processes between rulers and peripheral elites over power and resources and when successful leads to stable interdependencies. Counter-narcotics policies have the opposite effect and are thus fuelling conflict.

Transnational Police Building: Critical Lessons from Timor-Leste and Solomon Islands

In this paper we begin by defining and examining the concept of police building. Its historical precedents and contemporary forms are briefly reviewed, showing a variety of motives and agendas for this kind of institution building. We argue that police building has been a relatively neglected dimension of nation- and state-building exercises, despite its importance to functions of pacification and restoration of law and order. The emerging literature on international police reform and capacity building tends to adopt a narrow institutionalist and universalistic approach that does not take sufficient account of the politics of police building. This politics is multilayered and varies from the formal to the informal. Using two case studies focusing on events in 2006 in Timor-Leste and Solomon Islands, the reasons for the fragility of many current police-building projects are considered. In both cases, we argue, police capacity builders paid insufficient attention to the political architecture and milieu of public safety.

The Imperative to Rebuild: Assessing the Normative Case for Postconflict Reconstruction

The past two decades have witnessed the proliferation of comprehensive international missions of peacebuilding and reconstruction, aimed not simply at bringing conflict to an end but also at preventing its recurrence. Recent missions, ranging from relatively modest involvement to highly complex international administrations, have generated a debate about the rights and duties of international actors to reconstruct postconflict states. In view of the recent growth of such missions, and the serious challenges and crises that have plagued them, we seek in this article to address some of the gaps in the current literature and engage in a critical analysis of the moral purposes and dilemmas of reconstruction. More specifically, we construct a map for understanding and evaluating the different ethical imperatives advanced by those who attempt to rebuild war-torn societies. In our view, such a mapping exercise is a necessary step in any attempt to build a normative defence of postconflict reconstruction. The article proceeds in two stages: first, we present the various rationales for reconstruction offered by international actors, and systematize these into four different “logics”; second, we evaluate the implications and normative dilemmas generated by each logic.

Fixing Failed States: A Framework for Rebuilding a Fractured World

The international community has struggled without much success to remedy the problem of failed states. Meanwhile, 40 or 50 countries around the world — from Sudan and Somalia to Kosovo and East Timor — remain in a crisis of governance. In this impressive book, Ghani, a former Afghan finance minister, and Lockhart, who has worked at the World Bank and the United Nations, assess the missteps and offer a new framework for coordinated action. They argue that international responses have failed because they have been piecemeal and have proceeded with little understanding of what states need to do in the modern world system to connect citizens to global flows. They advocate a “citizen-based approach.” State-building strategies would be organized around a “double compact”: between country leaders and the international community, on the one hand, and country leaders and citizens, on the other. The book also proposes methods for the generation of comparative data on state capacity — a “sovereignty index” — to be annually reported to the UN and the World Bank. Ultimately, this study offers a surprisingly optimistic vision. The fact that so many disadvantaged countries have made dramatic economic and political transitions over the last decade suggests that developmental pathways do exist — if only the lessons and practical knowledge of local circumstances can be matched to coordinated and sustained international efforts. The authors provide a practical framework for achieving these ends, supporting their case with first-hand examples of struggling territories such as Afghanistan, Sudan, Kosovo and Nepal as well as the world’s success stories–Singapore, Ireland, and even the American South.

Africa’s Development Beyond Aid: Getting Out of the Box

This article argues that Africa’s development rests not on aid, but on three key pillars: knowledge, entrepreneurship, and governance. Africa needs to think outside of the box when establishing these pillars. However, to make these three levers work, a change in mindset is a prerequisite. Africa has to start dreaming big dreams that empower it to see long-term. Africa must restructure societies so that networks beyond closed ethnic networks are more prominent. The larger social capital that will result will build a foundation for development. Africa also needs to incorporate new actors in its development agenda, including faith-based organizations, the diaspora, and the business class; and it must encourage immigrant entrepreneurs, especially Asians, to come in as chase rabbits. Better governance will come from the transformation of people from subjects to citizens. For success in international trade, Africa needs to learn the lessons of the Savannah, where the effective pack is the king.

Nation-Building: Beyond Afghanistan and Iraq

Fukuyama brings together esteemed academics, political analysts, and practitioners to reflect on the U.S. experience with nation-building, from its historical underpinnings to its modern-day consequences. The United States has sought on repeated occasions to reconstruct states damaged by conflict, from Reconstruction in the South after the Civil War to Japan and Germany after World War II, to the ongoing rebuilding of Iraq. Despite this rich experience, there has been remarkably little systematic effort to learn lessons on how outside powers can assist in the building of strong and self-sufficient states in post-conflict situations. The contributors dissect mistakes, false starts, and lessons learned from the cases of Afghanistan and Iraq within the broader context of reconstruction efforts in other parts of the world, including Latin America, Japan, and the Balkans. Examining the contrasting models in Afghanistan and Iraq, they highlight the Coalition Provisional Authority in Iraq as a cautionary example of inadequate planning.

Context, Timing and the Dynamics of Transitional Justice: A Historical Perspective

Legal process is invoked by supporters of transitional justice as necessary if not a precondition for societies affected by mass violence to transition into a new period of peace and stability. In this paper, we question the presumption that trials and/or truth commissions should be an early response to initiating a transitional justice process. We conducted a multi-factorial, qualitative analysis of seven case studies in countries impacted by mass violence and repression—Argentina, Cambodia, Guatemala, Timor-Leste, Northern Ireland, Sierra Leone, and South Africa. What emerges is a fuller appreciation of the dynamic system in which transitional justice interventions occur. Each system component may influence the outcome of these interventions. We offer principles that can guide institutional development, scholarship, and policy prescriptions in the area of transitional justice.

Holstering the Hired Guns: New Accountability Measures for Private Security Contractors

On September 16, 2007, a team of security contractors from Blackwater Worldwide shot dead seventeen Iraqi civilians while escorting American diplomats through central Baghdad. The fallout was swift and farreaching. Iraq demanded that Blackwater cease operating in the country. Its parliament introduced legislation to revoke the blanket immunity granted to contractors in the early days of the war by the American administrators who governed Iraq. Within a week, family members of the victims had filed a lawsuit in U.S. court, the FBI had launched an investigation and warned of criminal charges, and the House Government Reform Committee had issued a withering report on security contractors’ transgressions. Soon after the United States invaded Iraq in 2003, military commanders, academics, and Iraqi officials have warned of insufficient oversight and accountability for the private contractors operating there. Deployed in unprecedented numbers, contractors have been implicated in a range of alleged crimes and human rights violations. So far, however, not a single contractor has been successfully prosecuted for violence perpetrated in Iraq. Furthermore, no contractor or company has been held liable for torts committed there. Attempts at self-regulation by the industry have also proven ineffective. Recent months have seen wide-ranging attempts to bring accountability to the industry. This recent development will explain these efforts, which include legislative initiatives, criminal charges against individual contractors, and attempts by private litigants to secure judgments for money damages. Because of the enormous body of literature on the topic of private military contractors, the analysis will focus narrowly on the issue raised by the September shootings–the various punishments and remedies available under both civilian and military law for harms done by American contractors to Iraqi civilians.

Peacekeepers Among Poppies: Afghanistan, Illicit Economies and Intervention

This article analyses the role that the illicit narcotics economy has played in violent conflict in Afghanistan since the 1990s and the relationship between counter-narcotics and counter-insurgency policy in the country today. It details the evolution of the peacekeeping mission vis-a?-vis the narcotics economy, and the effects to date of the counter-narcotics policies that have been adopted since 2001. It argues that aggressive opium poppy eradication in Afghanistan today is premature and counterproductive with respect to counter-insurgency and stability objectives, as well as with respect to long-term economic development goals. The article concludes by providing policy recommendations on the role of peacekeeping forces with respect to illicit economies, arguing that the most important role peacekeeping forces have in tackling crime and reducing illicit economies is to provide security.

Moral Responsibilities and the Conflicting Demands of Jus Post Bellum

When a violent conflict ends, the question of what should be done next is often extremely difficult to answer comprehensively. Several moral theories aspire to help people think and act reasonably and constructively in such circumstances, guiding them toward the formulation of potential ways forward by identifying, clarifying, and perhaps ordering the issues at stake, and undertaking a principled consideration of the possible practical consequences of these formulations. In this article, I consider how one body of moral theorizing in particular—just war theory—may be equipped to contribute to the morality of postconflict reconstruction. Specifically, I wish to consider whether the ostensibly most robust or attractive form of jus post bellum is vulnerable to this ‘‘action-guiding’’ problem. I will illustrate the problem via the notion of a ‘‘just occupation’’ of a defeated unjust aggressor by just victors after a just war. (‘‘Humanitarian intervention,’’ insofar as it also entails a form of occupation, can therefore give rise to a similar internal contradiction.) If the vulnerability charge stands, jus post bellum could thus fall foul of Alex Bellamy’s contention that its addition to just war theory may in fact be seriously misguided. I am not mounting a wholesale rejection of jus post bellum. I will, in fact, propose a further set of action-guiding principles to jus post bellum in partial response to the problem I identify, and others might well follow once the theory is subjected to more extensive treatment. But I also suggest that what we should generally expect of jus post bellum in terms of its action-guiding potential needs significant further consideration.

Balancing Peace, Justice and Sovereignty in Jus Post Bellum: The Case of ‘Just Occupation’

Theories of jus post bellum have tended to be what I call `restricted’, in that they have focussed on the norms to govern the ending and immediate aftermath of a just war. But the goal of building a just peace, which is the ultimate aim of a just war, often places rather longer-term responsibilities on the shoulders of the victorious just, especially where occupation of the defeated unjust state is required (the scenario on which I concentrate). Given the variety of possible post-conflict situations, then, we should expect there to be various conceptions of jus post bellum, sensitive to the context-specific demands of the `just peace’ objective. This article therefore sets out the case for an `extended’ theory of jus post bellum which is likely to be required in, for example, occupation scenarios. But, having argued that `restricted’ conceptions do not fully lay out what might be reasonably expected of just occupiers, the article then contends that the `extended’ considerations may be in significant tension with another post- bellum requirement, namely, the obligation to restore sovereignty to the occupied state as soon as is reasonably feasible. Various ways of negotiating the tension are discussed and found to be wanting. Given that just war theory in general is supposed to be action-guiding, the concern is that an extended jus post bellum may be unhelpfully action-disorienting. The ostensibly strong case for it is therefore cast into some doubt and some implications for how the obligations of peacebuilding for just occupiers should theorised are considered.

Reconciliatory Justice: Amnesties, Indemnities and Prosecutions in South Africa’s Transition

This report was written with the intention of providing information and enhancing the debate around accountability processes, and in particular further prosecutions in South Africa. The report begins with an overview of the international obligations around holding perpetrators accountable within post-conflict societies. This overview also includes a description of attempts in Argentina and Chile to pursue prosecutions in conjunction with (or following upon) a truth commission. The next section of the report focuses specifically on South Africa, and consolidates the information on indemnities, amnesties and prosecutions from the 1990s to present. A legal analysis of the amended prosecution guidelines, passed in 2005 is then provided. This analysis is provided in that it is deemed as a policy which has, and will continue to, affect prosecutions for “conflicts of the past.” The report then continues with a case study of the Highgate Massacre of 1993, which explores the opportunities and challenges for further investigations and prosecutions. Finally, some concluding remarks are made which highlights some of the key points outlined through the report.

A Bottom-Up Approach to Transformative Justice in Northern Ireland

This article explores community-based restorative justice projects run by political exprisoners and former combatants in Northern Ireland, initiatives which are dealing with everyday crime and conflict in local communities in a period of transition. It is argued that restorative justice can act as a facilitator, both for individuals within the community and between communities and the state, when violence-supporting norms are expected to be replaced by nonviolent approaches to conflict and its resolution. The article also argues for a greater role for criminological approaches to crime, punishment and justice within transitions, recognising the strengths of criminology to address underlying causes of continued violence in postconflict settings. In particular, this article investigates attempts by these initiatives to build bridges between historically estranged communities and the police, and argues for the possibility of restorative justice becoming a catalyst for transformative justice during times of rapid social change.

Undercutting the Political Economy of Conflict in Bosnia and Herzegovina: A Transnational Justice Approach to Prosecuting Systemic Economic Crimes

While transitional justice scholarship has begun to recognize that engaging with the economic forces driving particular conflicts is a crucial part of dealing with the legacy of those conflicts, the international community has been slow to implement mechanisms to address those forces in any meaningful way in postconflict societies. One notable exception, however, has been the section of the internationalized state court in Bosnia and Herzegovina dedicated to prosecuting the most serious cases of organized crime, economic crime and corruption. Although generally overlooked by the transitional justice community, the model it established for a hybrid tribunal targeting systemic economic crimes is ideal for tackling many of the forces that contribute to continued instability in Bosnia and other post-conflict societies. Through the framework of recent scholarship on the political economy of conflict, this Note first identifies several economic structures that have promoted and facilitated conflict in Bosnia, including pervasive corruption and an extensive shadow economy tied to organized crime. The Note then explains how the internationalized court was designed to effectively target those phenomena in the post-combat economy. Finally, the Note argues that international involvement in prosecuting economic crimes can be justified under international law where narrowly tailored to address the systemic crimes underpinning conflict.

From War to Politics: Resistance/Liberation Movements in Transition

The purpose of this report is to present the content of the discussions and main lessons learnt from an international roundtable meeting organised in Berlin on March 7-9, 2008, on the role of a key set of actors in peace negotiations and agreement implementation: resistance and liberation movements. It is addressed to a wide range of audiences, including members of resistance/liberation movements and their interlocutors, such as governmental, non-governmental and international actors (e.g. policy-makers, donors, academics, governments and intermediaries) interested in constructive conflict transformation support. Besides the groups which were represented at the conference (ANC, CPN-Maoist, GAM, LTTE, M-19, Sinn Fein, SPLM/A, URNG), it is hoped that other resistance/liberation movements which find themselves in negotiation or post-negotiation situations might gain some ideas and inspiration for their own settings. The purpose of this report is not to design a universal set of rules for successful peace negotiations, agreements and implementation, nor to ‘teach lessons’ on what to do in each participant’s context, but rather to present some self-reflections on successes and failures in peacemaking and peacebuilding across various settings, by key conflict stakeholders, which might inspire their peers in other contexts. As argued by one of the participants, “hearing about comparable experiences elsewhere might help to become more objective about one’s own context”. The conflict transformation community might also gain a lot of insights from this report, by better understanding the processes and challenges of preparing and conducting peace negotiations and implementing peace accords from the perspective of national insurgency movements.

Resurrecting the Rule of Law in Liberia

The rule of law is more than a legal concept. It encompasses more than an established set of rules and legal institutions. In the case of Liberia, there can be no rule of law without the commitment of those relatively few people who administer those rules on behalf of a post-conflict state that has endured twenty-five years of civil war and exploitation. This Essay seeks to prove that existing legal architecture and institutions in a post-conflict state matter less to the rule of law than does the character of the people who run the legal system. The Essay does not suggest that legal rules are, or should be, subordinate to personality in the orderly functioning of a postconflict society. However, it concludes that emphasis on creating new laws to address the perceived causes of state failure will ultimately accomplish little if the judges and lawyers who operate the legal system are not genuinely committed to the rule of law. This argument is developed by outlining, in very broad terms, the pre-conflict Liberian legal system and how it failed to serve as a meaningful bulwark against warlord predators. Then, the Essay focuses on a particular case, decided by Liberia’s Supreme Court on August 23, 2007, involving Liberia’s former head of state, Charles Gyude Bryant, who served as chairman of the National Transitional Government of Liberia (NTGL) from October 2003 until the inauguration of Liberia’s current President, Ellen Johnson-Sirleaf, on January 16, 2006. The Bryant case provides an example of how the presidential immunity provision in Liberia’s Constitution was invoked in an attempt to trump the rule of law with the rule of impunity, and how the Supreme Court of Liberia’s judgment offers hope for a better day in Liberia’s legal future, notwithstanding the divided opinion of the Court.

Iraq: The Contradictions of Exogenous State-building in Historical Perspective

This article compares Britain’s failed attempt at building a stable, liberal state in Iraq from 1914 to 1932 with the USA’s struggle to stabilise the country after regime change in April 2003. It sets out a template for endogenous state-building based on the evolution of the European state system. It then compares this to exogenous extra-European state-building after both World War I and the Cold War. It focuses on three key stages: the imposition of order, the move from coercive to administrative capacity and finally the evolution of a collective civic identity linked to the state. It is this process against which Iraqi state-building by the British in the 1920s and by the USA from 2003 onwards can be accurately judged to have failed. For both the British and American occupations, troop numbers were one of the central problems undermining the stability of Iraq. British colonial officials never had the resources to transform the despotic power deployed by the state into sustainable infrastructural capacity. Instead they relied on hakumat al tayarra (government by aircraft). The dependence upon air power led to the neglect of other state institutions, stunting the growth of infrastructural power and hence state legitimacy. The US occupation has never managed to impose despotic power, having failed to obtain a monopoly over the collective deployment of violence. Instead it has relied on ‘indigenisation,’ the hurried creation of a new Iraqi army. The result has been the security vacuum that dominates the south and centre of the country. The article concludes by suggesting that unsuccessful military occupations usually end after a change of government in the intervening country. This was the case for the British in May 1929 and may well be the case for the USA after the next presidential election in 2008.

Towards a More Professional Approach to Nation-building

This article describes the slow and uneven movement towards a more professional approach to nation-building. The post-cold war era is replete with instances where the United States found itself burdened by the challenges of nation-building in the wake of a successful military operation. American performance in the conduct of such missions improved slowly through the 1990s, but this trend was not sustained into the decade beginning in 2000. The article outlines what a more professional approach to peacebuilding would require, highlighting a hierarchy of tasks that flow in the following order: security, humanitarian relief, governance, economic stabilization, democratization and development.

Preparing for Nation-building

Preparation for nation-building requires that responsible political leaders consult both with regional and functional experts, those who know why the society in question descended into conflict and those who know from experience elsewhere how to put such societies back together. Goals must be established which transcend the most immediate and normally negative purposes of the inter vention, e.g. halting conflict, stopping genocide or turning back aggression. These positive goals must be commensurate with the scale of military manpower and economic assistance likely to be committed. The larger the social transformation envisaged, the greater the resistance likely to be encountered. The most common cause for the failure of nation-building endeavours is a mismatch between objectives and commitments.

Mission Without End? Peacekeeping in the African Political Marketplace

Since the mid-1990s the UN, in tandem with major western powers, has embarked upon an ambitious effort of peace support operations in Africa. The results of what we may call the ‘Annan experiment’ are not yet in. But there are good reasons to fear that, in many African countries, such peace operations have defend normative outcomes that are beyond realistic expectation, so that they can never hope to ‘succeed’. This article examines the political and economic functioning of fragile African states using the lens of a ‘political marketplace’ in which local elites seek to obtain the highest reward for their loyalty, over short time horizons, within patrimonial systems. In such systems, political institutions are incapable of managing confect, which means that standard peacemaking efforts and peacekeeping operations do not align with domestic possibilities for settlement. To the contrary, external engagements can so distort domestic political markets that they obstruct national political bargaining and result in an open-ended commitment to peacekeeping in countries such as the Democratic Republic of Congo and Sudan.

Challenges to Peace: Conflict Resolution in the Great Lakes Region of Africa

Efforts to bring peace and reconstruction to the Central African region have been fashioned by contemporary conflict resolution models that have a standard formula of peace negotiations, with a trajectory of ceasefire agreements, transitional governments, demilitarization, constitutional reform and ending with democratic elections. Local dynamics and the historical and multifaceted nature of the conflicts are rarely addressed. Furthermore, participants in the peace process are restricted to representatives of political parties, the state and rebel movements, to the exclusion of civil society. Using as examples the conflicts and peace processes in three Great Lakes countries-Rwanda, Burundi and the Democratic Republic of Congo-the paper contends that contemporary global frameworks for peacemaking and peace building that rest on the acceptance of neoliberal political and economic models cannot lay the foundations for the conditions necessary for sustainable peace. This necessitates the utilisation of a more inclusive concept of peace, the starting point of which has to be the emancipation of African humanity.

Reconstructing Iraq: Insights, Challenges, and Missions for Military Forces in a Post-Conflict Scenario

In October 2002, the U.S. Army War College’s Strategic Studies Institute, in coordination with the Office of the Army Deputy Chief of Staff/G-3, initiated a study to analyze how American and coalition forces can best address the requirements that will necessarily follow operational victory in a war with Iraq. The objectives of the project were to determine and analyze probable missions for military forces in a post-Saddam Iraq; examine associated challenges; and formulate strategic recommendations for transferring responsibilities to coalition partners or civilian organizations, mitigating local animosity, and facilitating overall mission accomplishment in the war against terrorism. The study has much to offer planners and executors of operations to occupy and reconstruct Iraq, but also has many insights that will apply to achieving strategic objectives in any conflict after hostilities are concluded. The current war against terrorism has highlighted the danger posed by failed and struggling states. If this nation and its coalition partners decide to undertake the mission to remove Saddam Hussein, they will also have to be prepared to dedicate considerable time, manpower, and money to the effort to reconstruct Iraq after the fighting is over. Otherwise, the success of military operations will be ephemeral, and the problems they were designed to eliminate could return or be replaced by new and more virulent difficulties.

Peacebuilding in the Pacific: The Australian Military Experience

The Australian Defence Force (ADF) is currently involved in peacebuilding operations in Timor-Leste and Solomon Islands; Australian government agencies remain engaged in reconstruction in post-conflict Bougainville (Papua New Guinea). Peacebuilding has been and will remain a major task for the ADF in the Pacific, as part of a larger governmental and aid response. The wider context for these commitments is the view that state incapacity or even failure is in prospect in parts of Australia’s immediate Pacific region. The causes of state failure include lack of a diversified economy, a dependence on exports of natural resources, a rapidly growing population, and poor education levels; a number of Pacific countries exhibit these characteristics. The conflict on Bougainville has been the most intractable in which Australian forces have been involved. The formation of Peace Monitoring Groups (largely composed of ADF personnel, but unarmed) engaged in weapons destruction, building trust and encouraging the eventual realisation of local autonomy was a major contribution to the peace process. The ADF experience of Timor-Leste dates from INTERFET. The need to redeploy peacekeeping troops in 2006 demonstrated that the existing peacebuilding program focused especially on security sector reform, while positive was still too narrow to address governance incapacity problems. From 2003 ADF elements have been central to the RAMSI reconstruction program in Solomon Islands. Though violence has largely been eradicated, the political crisis of 2006 demonstrated the need for the closest cooperation with the host government. These regional case studies show that peacebuilding is a complex task which requires engagement across all of the institutions of order and governance as well as with the wider society. Security sector reform remains a crucial area of peacebuilding in which military forces are inextricably involved. However, effective security reform depends ultimately upon the existence of governments that welcome, support, and own such reform.

The Role of Women in Stabilization and Reconstruction

It is widely recognized that women and young people are primary victims of conflict. During war, women are displaced, subjected to sexual violence and HIV/AIDS by fighting forces, and assume the caretaking role for children and the elderly. They are vulnerable to exploitation, abuse, sexual slavery, disease, and forced recruitment into armed groups. Yet as the survivors of violent conflict, women also bear the burden of reconstruction. They return to destroyed communities and begin the process of rebuilding infrastructure; restoring and developing traditions, laws, and customs; and repairing relationships. In government and through civil society, women worldwide are contributing to all pillars of stabilization and reconstruction operations: security, governance, justice and reconciliation, and socioeconomic development. Indeed, their leadership in the transition period can serve as a window of opportunity to empower women, promote gender equality, advance women’s position in society, and bring wider benefits to many elements of society. A growing body of research has shown that capitalizing on the activities of women peacebuilders not only advances women’s rights, but leads to more effective programs and, ultimately, to a more sustainable peace.

Rethinking Post-war Security Promotion

The intensity and complexity of post-war violence routinely exceeds expectations. Many development and security specialists fear that, if left unchecked, mutating violence can potentially tip ‘fragile’ societies back into war. An array of ‘conventional’ security promotion activities are regularly advanced to prevent this from happening, including disarmament, demobilization and reintegration (DDR) and other forms of security sector reform (SSR). Meanwhile, a host of less widely recognised examples of security promotion activities are emerging that deviate from – and also potentially reinforce – DDR and SSR. Innovation and experimentation by mediators and practitioners has yielded a range of promising activities designed to mitigate the risks and symptoms of post-war violence including interim stabilisation measures and second generation security promotion interventions. Drawing on original evidence, this article considers a number of critical determinants of post-war violence that potentially shape the character and effectiveness of security promotion on the ground. It then issues a typology of security promotion practices occurring before, during and after more conventional interventions such as DDR and SSR. Taken together, the identification of alternative approaches to security promotion implies a challenging new research agenda for the growing field of security and development.

Conclusion: From Iron Fist to Invisible Hand – Peace Operations, Organized Crime and Intelligent International Law Enforcement

This conclusion reviews the Special Issue’s perspective on organized crime as both potential ‘enemy’ and ‘ally’ of peace processes. The social and economic power wielded by organized crime is highlighted, pointing to the role that peace operations play as an intervening variable between individuals/communities and the environments in which they operate. Peace operations use a range of tactics, from coercion to co-option, working with or against organized crime. However, these tactics will only be successful if they are framed within a coherent strategy, which may pursue either containment or transformation- or seek to combine them- through a phased transitional strategy. Peace operations should be a key component in a broad strategy of intelligent international law enforcement.

Introduction: Rethinking the Relationship Between Peace Operations and Organized Crime

Peace operations are increasingly on the front line in the international community’s fight against organized crime. In venues as diverse as Afghanistan, the Balkans, Haiti, Iraq and West Africa, multiple international interventions have struggled with a variety of protection rackets, corruption and trafficking in a wide range of licit and illicit commodities: guns, drugs, oil, cars, diamonds, timber – and human beings. This introduction to the Special Issue on peace operations and organized crime discusses the concept of ‘organized crime’ as a label, and suggests ways of differentiating organized crime groups on the basis of their social governance roles, resources and strategies towards authority structures – such as peace operations.

Winning Haiti’s Protection Competition: Organized Crime and Peace Operations Past, Present and Future

This article draws lessons from the experiences of international involvement in Haiti from 1990 to the present day. It argues that if the model of liberal, responsible government championed by the international community is to provide a resolution to the ongoing violence and instability in Haiti, then Haitian society will first have to be wooed away from coercive ‘protection’ by local and transnational organized crime. However, it argues that peace operations as they are currently conceived and deployed are ill-equipped for this task, given their limited territorial ambit and traditional focus on military response rather than political economy. However, the article concludes that experiences in Haiti may also offer lessons about how peace operations could win ‘protection competitions’ by serving as the leading edge of a unified international strategy for the transformation of local political economies.

The Limits of Retributive Justice: Findings of an Empirical Study in Bosnia and Hercegovina

Notwithstanding the recent proliferation of war crimes tribunals, a fundamental question remains: whether the confidence that such institutions have generated among their supporters is, in fact, justified. Using the International Criminal Tribunal for the former Yugoslavia (ICTY) as a case study, this article empirically explores four reputed merits of criminal trials — that they dissipate calls for revenge, individualize guilt, establish a historical record and contribute to reconciliation. It demonstrates that each of these claims, with the possible exception of the first, is problematic, which, in turn, highlights the limits of retributive justice. Hence, the article advocates the creation of a Truth and Reconciliation Commission in Bosnia to complement the ICTY’s work. It also maintains that our expectations of war crimes tribunals need to be more realistic, in view of the obstacles and challenges that they face, and that their mandates should be more specifically tailored to the particular circumstances in which they are operating.

When Peacebuilding Contradicts Statebuilding: Notes from the Arid Lands of Kenya

Local peace initiatives have been introduced in post-conflict settings in aid of statebuilding processes. However, contradictions in such efforts that undermine the state become apparent in a development context when government institutions are, generally, functioning. Peacebuilding initiatives in the arid lands of Kenya are a good example of this. While they have proved successful in resolving conflicts at the local level, they challenge the state structure in three ways. First, some of their features run counter to the official laws of Kenya and jeopardize the separation of powers. Second, they pose a dilemma, since their success and legitimacy are based on grassroots leadership and local concepts of justice. Both can be at odds with democratic decision-making, inclusiveness and gender equity. Third, they provide yet another tool for abuse by politicians and other local leaders. This reveals a dilemma: aspects of peacebuilding can actually undermine a statebuilding endeavour.

Post-Conflict Peacebuilding: A Lexicon

Post-Conflict Peacebuilding comes at a critical time for post-conflict peacebuilding. Its rapid move towards the top of the international political agenda has been accompanied by added scrutiny, as the international community seeks to meet the multi-dimensional challenges of building a just and sustainable peace in societies ravaged by war. Beyond the strictly operational dimension, there is considerable ambiguity in the concepts and terminology used to discuss post-conflict peacebuilding. This ambiguity undermines efforts to agree on common understandings of how peace can be most effectively ‘built’, thereby impeding swift, coherent action. Accordingly, this lexicon aims to clarify and illuminate the multiple facets of post-conflict peacebuilding, by presenting its major themes and trends from an analytical perspective. To this end, the book opens with a general introduction on the concept of post-conflict peacebuilding, followed by twenty-six essays on its key elements (including capacity-building, conflict transformation, reconciliation, recovery, rule of law, security sector reform, and transitional justice). Written by international experts from a range of disciplines, including political science and international relations, international law, economics, and sociology, these essays cover the whole spectrum of post-conflict peacebuilding. In reflecting a diversity of perspectives the lexicon sheds light on many different challenges associated with post-conflict peacebuilding. For each key concept a generic definition is proposed, which is then expanded through discussion of three main areas: the meaning and origin of the concept; its content and essential components; and its means of implementation, including lessons learned from past practice.

Occupation as Liberation: International Humanitarian Law and Regime Change

Can the justice of a postconflict settlement be anything other than victor’s justice? This article will examine that question through the lens of military occupation. Long an accepted element of war at a time when war itself was not illegal, complicated rules outlining the rights and responsibilities of an occupying power developed over the nineteenth century. By the middle of the twentieth century, however, the prohibition of the use of force enshrined in the UN Charter—designed “to save succeeding generations from the scourge of war”3—made occupation law something of an embarrassment. Though the latter part of that century was not noted for the absence of conflict, occupation law itself was rarely invoked. The abolition of colonialism and the condemnation of occupation in the 1970 Declaration on Friendly Relations led some to question whether occupation law had fallen into desuetude.

Looking Backward to Address the Future? Transitional Justice, Rising Crime, and Nation-Building

This Article considers the role of crime in transitional states. I draw on three case studies, two from Latin America (Brazil and El Salvador), and one from sub-Saharan Africa (South Africa). It first briefly considers the similarity in focus of transitional justice approaches to police and criminal justice reform, invoking acculturation theory to explain the replication of a dominant, backward-looking script across different transitional states. Next, it considers the frequent inability of police and the criminal justice system to cope adequately with rising crime using these replicated scripts and the consequences of this failure for the defense of human rights, the rule of law, and the stability of new democracies. The Article assesses the particular dynamics of these processes for each of the three country case studies. Throughout the Article, I seek to demonstrate that it is crucial to address deficiencies in domestic criminal justice systems precisely during periods of transition and that criminal justice solutions should be developed at this time-to the extent possible-in an objective and comprehensive fashion, rather than in ways that seek to respond to problems of the pre-transitional state. In this way, I suggest, transitional justice can progress beyond existing, backward-looking frameworks to build nations capable of addressing the challenges they will face as they move forward.

(Dis)integration, Incoherence and Complexity in UN Post-conflict Interventions

The UN has developed a series of internal ‘integration reforms’ that aim to increase its capacity to integrate its post-conflict efforts through a single coherent strategy, and ultimately to support sustainable war-to-peace transitions. This article argues that these reforms could be redesigned to take into account the causes of the (dis)integration, incoherence and complexity of UN post-conflict interventions, to make them more comprehensive and more realistic. While some degree of both strategic coherence and operational integration may be necessary to improve the effectiveness of UN post-conflict interventions, these are inadequate without an increased conflict-sensitivity in each UN entity involved in post-conflict interventions. For the whole to be greater than the sum of the parts, the parts must make a significant contribution to the whole.

Building States to Build Peace

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. Case studies include: Somalia, Palestine, Bosnia, East Timor / Timor-Leste, Afghanistan, Liberia

Constructing Justice and Security After War

This book addresses what both scholars and practitioners now recognize as a foundation of effective peace: effective, legitimate, and rights-respecting systems of justice and physical security. This volume provides nine case studies by distinguished contributors, including scholars, criminal justice practitioners, and former senior officials of international missions, most of whom have closely followed or been intimately involved in these processes. The wide-ranging case studies address whether and how societies emerging from armed conflict create systems of justice and security that ensure basic rights, apply the law effectively and impartially, and enjoy popular support. The studies examine the importance of social, economic, and cultural factors as well as institutional choices regarging the form, substance, and sequence of reforms. Cases include: El Salvador, Haiti, Guatemala, South Africa, Rwanda, Bosnia, Kosovo, East Timor / Timor Leste. Additional Topic: Gender.

Neither Loyalty, Nor Fear: Some Thoughts on Building Greater Respect for Justice and Law in South Africa

In the midst of the current crisis of crime and violence, it seems almost trite to state that there is a need for greater respect for justice and the law in South Africa. As reflected in some recent studies on organised crime, attitudes of ambivalence towards the law on the part of many South Africans contribute to an environment in which organised, and other crime, flourishes. Known criminals are widely tolerated, or even admired – notably if they are perceived as preying on people from other communities. This forms part of a culture which also condones other illegal practices, spanning everything from the buying of stolen goods and illegal reconnections, to corruption and white-collar crime. The fact that there is also a significant problem of vigilantism is also obviously a manifestation of a lack of respect for the law. Vigilantism is, in part, motivated by the sense that people have that they need to take the law into their own hands as they cannot rely on the criminal justice system to enforce the law. This belief in the ineffectiveness of the criminal justice system in turn provides vigilantes with the confidence that, in punishing the alleged perpetrators of the original crime, they themselves can violate the law with impunity.

American Foreign Policy and Postwar Reconstruction: Comparing Japan and Iraq

On the eve of the invasion of Iraq, President G.W. Bush argued that if setting up democracy in Japan and Germany after WW II was successful, then it should also be successful in Iraq. This book provides a detailed comparison of the reconstruction of Japan from 1945 to 1952 with the current reconstruction of Iraq, evaluating the key factors affecting the success or failure of such projects. The book seeks to understand why American officials believed that extensive social reengineering aiming at seeding democracy and economic development is replicable, through identifying factors explaining the outcome of U.S.-led post-conflict reconstruction projects. The analysis reveals that in addition to the effective use of material resources of power, the outcome of reconstruction projects depends on a variety of other intertwined factors, and Bridoux provides a new analytical framework relying on a Gramscian concept of power to develop a greater understanding of these factors, and the ultimate success or failure of these reconstruction projects.

The Role of International Law in Rebuilding Societies after Conflict

International law can create great expectations in those seeking to rebuild societies that have been torn apart by conflict. For outsiders, international law can mandate or militate against intervention, bolstering or undermining the legitimacy of intervention. International legal principles promise equality, justice and human rights. Yet international law’s promises are difficult to fulfil. This volume of essays investigates the phenomenon of post-conflict state-building and the engagement of international law in this enterprise. It draws together original essays by scholars and practitioners who consider the many roles international law can play in rehabilitating societies after conflict. The essays explore troubled zones across the world, from Afghanistan to Africa’s Great Lakes region, and from Timor-Leste to the Balkans. They identify a range of possibilities for international law in tempering, regulating, legitimating or undermining efforts to rebuild post-conflict societies.

Iraq: Preventing a New Generation of Conflict

This book seeks to move the debate on Iraq toward a consideration of how Iraqis, with the help of the international community, can build an inclusive and enduring social contract amongst themselves. The volume analyses the drivers of conflict and outlines the requirements – and obstacles in the way – of a successful peace-building enterprise in a country that has endured domestic upheavals, but also generated threats to international peace and security, for more than a generation. The authors argue that a downward spiral of violence and possible state collapse can be avoided – but that much needs to be done to achieve these aims.

Security Sector Reform in Liberia: An Uneven Partnership without Local Ownership

The security situation in Liberia is currently quite good, and at a glance the peacebuilding process seems to be moving ahead. However, the root causes of the conflict have not been adequately addressed, but have in fact become more interlinked in the aftermath of the civil war. Instead of addressing local perceptions of insecurity the international community made plans for Liberia without considering the context in which reforms were to be implemented. The peace in post-conflict Liberia is therefore still fragile and the international presence is regarded as what secures the peace. Still, the UN is supposed to start its full withdrawal in 2010, indicating that the international community will leave the country without addressing the root causes of conflict.

Making Plans for Liberia – A Trusteeship Approach to Good Governance?

Since the end of the Liberian civil war in August 2003 the international community has been “making plans” for Liberia. However, it rarely questioned whether these plans were in accordance with the political and economic logic of the peace agreement and the subsequent transitional government. The consequence was that corruption continued and a much more intrusive economic management plan was established. The Governance and Economic Management Assistance Programme is supposed to combat corruption and facilitate good governance, but it also limits the range of policy options for the new democratically elected government of Ellen Johnson-Sirleaf. The irony is that the best and most legitimate government that Liberia has ever had is subject to stronger external control than any of its predecessors. The probability that this scheme will remain sustainable when donor interest shifts elsewhere is low, and what is needed is a more pragmatic approach that draws a wider segment of Liberian society into anti-corruption management and creates checks and balances between them.

Minding the Liability Gap: American Contractors, Iraq, and the Outsourcing of Impunity

With the proliferation of the U.S. military’s reliance on contractors as a means of supplementing – and not just supplying – the troops on the ground, serious questions have arisen with respect to the legal regime governing the contractors’ conduct. The legal regime that governs those contractors is at best unclear, given the contractors generally fall outside the auspcies of the Uniform Code of Military Justice. My focus is on the accountability of the U.S. government for the actions of their private contractors. In Part II, I discuss the necessity and importantce of a civil right of action in these cases. Part III will examine the era of privatization and rise of the private contractor in the War on Terror. Part IV demonstrates the lack of accountability for U.S.-directed contractor abuse under current law. Finally, in Part V, I examine mechanism for minding the liability gap between the rights of the abused and the liability of those ultimately responsible.

On Good Terms: Clarifying Reconciliation

This report addresses some of the deep confusion that still surrounds the term reconciliation, and its practice in post-violence peacebuilding. Despite its generally acknowledged importance, there remains great disagreement over what reconciliation actually means and, in particular, how it relates to other concepts and processes, such as justice, peacebuilding, democratisation and political development. It reviews some of the ongoing debates, from scholarship as well as policy and practice, which highlight the disputed nature of the term, and offer a modest framework for reducing the confusion to more manageable levels. The report also examines its complex relationship to two key concepts: justice, and forgiveness. The paper builds on, and pushes further, some of the thoughts first presented in an earlier work, Reconciliation After Violent Conflict: A Handbook, produced for the International Institute for Democracy and Electoral Assistance (IDEA), (Bloomfield et al. 2003).

Laying the Foundations of Democracy: Reconsidering Security Sector Reform Under UN Auspices in Kosovo

This article explores the relationship between security sector reform (SSR) and democratic transition in post-conflict contexts, drawing on Kosovo as a case. The study focuses in particular on the justice sector in Kosovo, reviewing the ways in which security, the rule of law and democracy have been intertwined. The article first outlines the context of the international mission in Kosovo, before proceeding to consider how the objectives, needs and constraints of different actors have influenced the reform of the security institutions and the democratization process. Thereafter, it discusses the concepts of SSR and democratic transition, briefly reviewing the UN discourse and record in SSR-related activities. Finally, it explores the interplay of these factors in the Kosovo justice sector reform process. The main finding stemming from this analysis is that not only do SSR and democratization agendas interfere with each other, but measures adopted to cope with security challenges related to the post-conflict context can also affect them both. Furthermore, this finding demonstrates that a welldeveloped UN theoretical discourse is still not matched by the reality of UN practices in the field.

Building Peace After War

Author addresses the widespread practice of intervention by outside actors aimed at building ‘sustainable peace’ within societies ravaged by war, 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 ciritical ‘post-conflict’ phase of an intervention.

Transitional Justice, Interdisciplinarity and the State of the “Field” or “Non-Field”

Transitional justice appears to be an established field of scholarship connected to a field of practice on how to deal with past human rights abuses in societies in transition. The original focus of transitional justice discourse was that human rights law requires accountability in transitions, rooted in the discipline of law. Over time, this focus has been expanded to include a much broader range of mechanisms, goals and inquiries across a range of disciplines. In order to probe the current state of the field, this article argues against the current conception of transitional justice as a praxis-based interdisciplinary field. It suggests that there is a hidden politics to how transitional justice has been constructed as an interdisciplinary field that obscures tensions between the range of practices and goals that it now incorporates.

A New Course for Pakistan

During a two week research trip to Pakistan in mid-April 2008, the PCR team interviewed more than 200 Pakistanis and several dozen expatriates in Islamabad, Rawalpindi, Lahore, Peshawar, Attock, Quetta and Karachi. The team met with the newly elected leadership, former generals, journalists, economists, nationalist leaders, trade unionists, diplomats, university professors, bloggers, ulema, aid workers, security analysts, leaders of the lawyers’ movement, and students at an elementary school, a madrassa, an Afghan refugee primary school, and a university.

Building a Republican Peace: Stabilizing States after War

Although peacebuilders do not operate from a common template, liberal values so define their activities that their efforts can be called “liberal peacebuilding.” Many postconflict operations aspire to create a state that contains the rule of law, markets, and democracy. Growing evidence suggests, however, that liberal peacebuilding is re-creating the conditions of conflict; states emerging from war do not have the necessary institutions or civic culture to absorb the pressures associated with political and market competition. In recognition of these problems and dangers, there is an emerging call for greater attention to the state and institutionalization before liberalization. These critiques, and lessons learned from recent operations, point to an alternative-republican peacebuilding. Drawing from republican political theory, this article argues that the republican principles of deliberation, constitutionalism, and representation can help states after war address the threats to stability that derive from arbitrary power and factional conflict and, in the process, develop some legitimacy. Republican peacebuilding is not only good for postconflict states; it also is appropriate for international peacebuilders, who also can exercise arbitrary power.

Culture and Custom in Nation-Building: Law in Afghanistan

Afghanistan’s restoration of the rule of law has set in motion a renewed debate about fundamental legal principles that has not been seen in the West since the time of the Enlightenment: Who is justice for? Who has the right to seek compensation or justice? Does the state or the individual have priority in seeking justice and delivering punishment? Is law a human creation or is it rooted in divine authority? But it is a debate without an audience in the international community that is assisting the Afghan government in restoring its judicial system because the answer appears so self-evident. Those from societies with long established systems of formal justice automatically assume that it is an ultimate good, that surely everybody wants justice applied by the state. The Afghans who run the formal system assert the same. But they have not won over the population by any means since people, particularly in rural areas, are still fighting out this issue politically and culturally: Is state authority a good idea? Who should set the terms of agreement? Who should determine the rights and the wrongs? This is because so many areas of Afghanistan have operated without (or outside of) formal government institutions for a very long time; not just because of war, but because that is the way things have always been. For example, the assumption that the state has exclusive sovereignty over criminal matters is not fully accepted by most of the Afghan population. Here the family still takes precedence, reserving the right to take revenge or demand compensation when one of its members has suffered an injury. Such injuries extend beyond physical damages to property or person and include damages to a group’s honor that demand retaliation. While Afghan governments formally reject such claims of personal justice, they have never been able to extend the formal system to most of rural Afghanistan; the people there never relied on state institutions and often took offense when the state interfered in what they viewed to be personal matters.

The Evolution of Post-conflict Recovery

Recent history has been marked by the rise of post-conflict intervention as a component of military and foreign policy, as a form of humanitarianism and as a challenge to Westphalian notions of state sovereignty. The terms of debate, the history of the discipline and the evolution of scholarship and practice remain relatively under-examined, particularly in the post-9/11 period in which post-conflict recovery came to be construed as an extension of conflict and as a domain concerned principally with the national security of predominantly Western countries. The subsequent politicisation of post-conflict recovery and entry of post-conflict assistance into the political economy of conflict have fundamentally changed policy making and practice. The authors argue that research into post-conflict recovery, which must become increasingly rigorous and theoretically grounded, should detach itself from the myriad political agendas which have sought to impose themselves upon war-torn countries. The de-politicisation of post-conflict recovery, the authors conclude, may benefit from an increasingly structured “architecture of integrated, directed recovery.”

State Building and Post-Conflict Demilitarization: Military Downsizing in Bosnia and Herzegovina

In 2002, conventional wisdom held that the consolidation of Bosnia’s three ethnically distinct armies into a single force under a unitary chain of command was an unrealistically ambitious goal for the foreseeable future. NATO’s Secretary-General agreed that year to remove defence reform as a precondition to Partnership for Peace (PfP) membership, a first step towards NATO accession. However, less than two years later defence reform was being implemented, albeit incrementally and begrudgingly, and those seemingly distant goals were near at hand. Scholars and policymakers quickly focused on the motives for this unlikely reform process and the institutions it would produce. However, since 2006, the year in which Bosnia’s armies and defence ministries formally united, the literature has gone silent on the topic of defence reform in Bosnia and Herzegovina (BiH). The fact that institutional defence reform had been achieved overshadowed discussions of its impact and long-term implications. This article attempts to fill this gap by addressing the following question: how has military downsizing been implemented within the scope of defence reform, and how has its implementation either supported or hindered broader state building agendas in BiH?

Multi-layered Justice and Security Delivery in Post-conflict and Fragile States

This paper examines the value of an alternative approach to SSR policy, namely a multi-layered one in post-conflict and fragile state environments. It begins by arguing that there is a state-centric bias in current SSR policy and practice. This contradicts development principles of a ‘people-centred, locally owned’ approach in post-conflict and fragile state contexts. The SSR’s state-centric approach rests upon two fallacies: that the post-conflict and fragile state is capable of delivering justice and security; and that it is the main actor in security and justice. The paper goes on to present the outline of a multi-layered strategy. This addresses the issue of who is actually providing justice and security in post-conflict and fragile states. The paper continues by describing the accountability mechanisms that could be pursued by SSR programmes in support of this approach. The conclusion is that the advantage of the multi-layered approach is that it is based not on the state’s capacity, but on the quality and efficacy of the services received by the end user, regardless of who delivers that service.

Conflict Transformation Through State Reform

State reform and conflict are closely interrelated. While state reform can on the one hand be seen as a prerequisite for conflict transformation and sustainable peace, it can also easily become a source of conflict. The potential of state reform itself depends on the proper establishment of structures, values and attitudes that can enable the different groups within the society to handle their conflicts peacefully. State reform must in any case encompass more than just a reorganisation of the administrative system or of the way in which resources are allocated. Rather, it must set the stage for the establishment of participatory and legitimised nation-building processes. By forging democratic development, the participation of the population and rule of law, it will also develop structures that can offer an effective means for the peaceful management of deep-rooted conflicts. As democracy takes root, it will itself have a pacifying effect since it is based on values such as pluralism, tolerance, inclusiveness and compromise, and because it helps to establish norms of behaviour such as negotiation, compromise and cooperation among the political actors. Nevertheless, state reform can also have negative consequences. In situations of externally induced rapid change, it can well become a source of acute conflict, and provoke violent reactions on the part of the ruling regime. Poorly designed state reform can even lead to the deterioration of a conflict. In the case of Angola, for example, the resurgence of war after the peace accord of Bicesse was an unfortunate consequence of the prior establishment of a winner-takes-all system. State reform must therefore be seen as a ‚tightrope walk‘, always seeking a fine line between conflict mitigation and crisis escalation.This chapter will focus on the potential of state reform to prevent, to mitigate and to heal the effects of violent intrastate conflicts. Section II offers an overview of actual challenges in crisis regions, and describes some of the ways in which state reform can deal with these problems. In the following sections, these strategies will be discussed in more detail: section III addresses the possibilities of strengthening participatory processes; section IV deals with institutional reforms; and section V focuses on security sector reform. The article concludes with some open questions which deserve much more attention in the near future (section VI).

On Living with Negative Peace and a Half-Built State: Gender and Human Rights

This article examines the double standards associated with a precarious international peacebuilding strategy in Afghanistan based on impunity and half-truths rather than accountability and transitional justice. Many international organizations have turned a blind eye to past and current human rights atrocities through forms of rationalization based on an empowerment of cultural differences, relativization of progress and “policy reductionism.” Consequently, and in the absence of consistently applied rights instruments, societal divisions along gender, ethnic and other lines have intensified Afghanistan’s culture of intolerance to human rights, thereby violating the very principles the international community purports to uphold. Drawing on first-hand experiences, personal interviews and a sober analysis of trends, this article challenges some of the conventional assumptions held about the perception and knowledge of human rights among Afghans. It concludes by identifying possible areas of future study to better understand both the prospects for transitional justice and how ordinary Afghans continue to cope with widespread injustice and inequality.

Views on the Ground: The Local Perception of International Criminal Tribunals in the Former Yugoslavia and Sierra Leone

If international criminal courts are to achieve their aims—one of which is to contribute to the consolidation of democracy and the triumph of the rule of law over the instinct for revenge after prolonged periods of communal violence—perception of their legitimacy by the local population is a crucial factor. After laying out and comparing the basic features of the International Criminal Tribunal for the formerYugoslavia and the Special Court for Sierra Leone as to their respective origins, objectives, and programs of outreach, the article examines local reception from three standpoints: perceptions of overall legitimacy, perceptions of tribunal impartiality, and the effect of public perceptions of the tribunals on the respective countries’ reconciliation process.

How “Transitions” Reshaped Human Rights: A Conceptual History of Transitional Justice

This article clarifies the origins of the field of transitional justice and its preliminary conceptual boundaries. I argue that the field began to emerge in the late 1980s, as a consequence of new practical conditions that human rights activists faced in countries such as Argentina, where authoritarian regimes had been replaced by more democratic ones. The turn away from “naming and shaming” and toward accountability for past abuse among human rights activists was taken up at the international level, where the focus on political change as “transition to democracy” helped to legitimate those claims to justice that prioritized legal-institutional reforms and responses—such as punishing leaders, vetting abusive security forces, and replacing state secrecy with truth and transparency—over other claims to justice that were oriented toward social justice and redistribution. I end by discussing the many ways in which these initial conceptual boundaries have since been tested and expanded.

Natural Law, Agents and Patients and Minority Rights

This is a theoretical paper on the individual and group rights in the context of conflict transformation. Excerpt from conclusion: The discourse on group rights is committed to explore, protect and strengthen individual and collective identities. One must see group rights as a component of the larger system of rights. The central issue is to make individuals and groups compatible and thereby avoid contradiction.

Women, Security and the Patriarchy of Internationalized Transitional Justice

In the contemporary global context, transitions from conflict to peace and from authoritarian to democratic governance are a critical preoccupation of many states. In these contexts, accountability for the abuses committed by prior regimes has been a priority for international institutions, states, and new governments. Nonetheless, transitional justice goals have expanded to include a broad range of structural reforms in multiple spheres. Whether an expanded or contracted transitional justice paradigm is used to define the perimeters of change, gender concerns have been markedly absent across jurisdictions experiencing transformation. This article examines the conceptualization of and legal provision for gender security and its subsequent effects upon accountability in times of transition, with particular reference to post-conflict societies. The article closely assesses a range of contemporary issues implicated for women including an examination of post-conflict security from a gender perspective, gender and disarmament, and the centrality and effect of security sector reform for women. The article pays particular attention to the under-theorized and under-researched role of international masculinities, and the patriarchy that is imported with international oversight of transitional societies.

Civilizing Peacebuilding: Transitional Justice, Civil Society and the Liberal Paradigm

In spite of recurrent calls for a more locally rooted approach to thebuilding of ‘local capacities’, peace operations today are still largely under the influence of US hegemony and neoliberal values. Their aimis to transform war-torn societies along liberal lines, in both the political and the economic spheres. To achieve this, it is argued that the international community must begin by acting illiberally: rebuilding the structures of the state in order to give it the capacity to monopolize legitimate violence and manage the societal conflicts that are the unfortunate by-products of democracy and the free market. Leaders and ‘high politics’ are the central targets, as it is hoped that the rest of society will be affected in turn. However, this kind of social engineering from the top down can be counterproductive for the peace process and the nature of transition. Civil society should not be a secondary target: it should be the primary one. The Weberian approach to peace operations focuses too much on objective sources of legitimacy at the expense of those rooted in local, subjective perceptions of society. Since transitional justice has recently become part of the liberal peacebuilding ‘package’, integrated into a broad, positive definition of peace itself, transitional justice too should focus on civil society first. Building upon Habermas’s notion of communicative action and Putnam’s definition of social capital, this article will formulate the basis of a new approach to peace operations, one that would aim less at the rebuilding of state institutions and more at the reconstruction of social relations and unfettered dialogue between communities.

Managing Armed Conflicts in the 21st Century

The unification of Germany extended the economic and political system of the west to the east. The system transfer led to a “problematic normalisation” as East Germans have tried to adjust to uncertainties they had never known: in employment, education and training, family life, immigration. A decade on, the book examines what kind of civil society has emerged, how East Germans fared in th social transformation and how processes of transformation in the new Germany relate to European policy agendas for analysing social transformation and its two key tenants: the transformation process affecting advanced industrial societies generally, and the process of post-communist transformation pertaining to Germany. The book addresses this “dual transformation”, firstly, by placing the developments in eastern Germany in a comparative European perspective and, subsequently, by considering in key areas of east German society and through personal responses, to what extent state-socialist legacies continue to matter.