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Author: Whit Mason
Publisher: Cambridge University Press
ISBN: 1139495526
Category : Law
Languages : en
Pages : 367
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Book Description
How, despite the enormous investment of blood and treasure, has the West's ten-year intervention left Afghanistan so lawless and insecure? The answer is more insidious than any conspiracy, for it begins with a profound lack of understanding of the rule of law, the very thing that most dramatically separates Western societies from the benighted ones in which they increasingly intervene. This volume of essays argues that the rule of law is not a set of institutions that can be exported lock, stock and barrel to lawless lands, but a state of affairs under which ordinary people and officials of the state itself feel it makes sense to act within the law. Where such a state of affairs is absent, as in Afghanistan today, brute force, not law, will continue to rule.
Author: Whit Mason
Publisher: Cambridge University Press
ISBN: 1139495526
Category : Law
Languages : en
Pages : 367
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Book Description
How, despite the enormous investment of blood and treasure, has the West's ten-year intervention left Afghanistan so lawless and insecure? The answer is more insidious than any conspiracy, for it begins with a profound lack of understanding of the rule of law, the very thing that most dramatically separates Western societies from the benighted ones in which they increasingly intervene. This volume of essays argues that the rule of law is not a set of institutions that can be exported lock, stock and barrel to lawless lands, but a state of affairs under which ordinary people and officials of the state itself feel it makes sense to act within the law. Where such a state of affairs is absent, as in Afghanistan today, brute force, not law, will continue to rule.
Author: Kyle W. Bayless
Publisher:
ISBN:
Category : Criminal justice, Administration of
Languages : en
Pages : 42
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Book Description
"The United States' involvement in foreign countries is tied to U.S. strategic goals, and intertwined with military, political, economic, and diplomatic efforts. In El Salvador and Afghanistan, the governments did not fail, nor were they defeated, yet insurgencies continued and the development of the judicial system and the rule of law within the countries are slow to evolve to meet Western standards. Objectives to establishing law and order after conflict include the rule of law and a provision for oversight and accountability for police and other security forces. Using El Salvador as a prognostic outlook on rule of law development and justice sector reform provides a useful analysis of a future Afghanistan. Afghanistan is a success story in the making with the necessary rule of law framework in place following 15 years of international security force presence in the country. A long-term commitment by the United States is required to establish security and complete justice sector reforms. Afghanistan is making progress after the fall of the Taliban in 2001 with a democratic republic, laws to enact a justice system, and the personnel to effect a rule of law country-wide. Following security, there are several elements lacking to reform the national security justice system. This includes complete capture and evidence transfer, established criteria for provincial and national jurisdiction, legitimate and transparent investigation and prosecution, secure incarceration, and rehabilitation and reintegration practices to prevent recidivism."--Abstract.
Author: Laurel E. Miller
Publisher:
ISBN:
Category : Afghanistan
Languages : en
Pages : 20
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Book Description
Author: Deborah Isser
Publisher: US Institute of Peace Press
ISBN: 1601270666
Category : History
Languages : en
Pages : 402
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Book Description
The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "
Author: Eric Talbot Jensen
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
One of the most crucial components of the 2002 National Security Strategy which will impact virtually all other components is the world-wide implementation of the rule of law. In furtherance of the Strategy, National Security Presidential Directive 44 was issued in late 2005 and states that it is U.S. policy to work with other countries towards effective implementation of the rule of law. The Directive tasks the Secretaries of State and Defense with coordinating rule of law efforts and with integrating them into military contingency plans. Consequently, by direction of the President, the military has a key role to play in implementing the rule of law and Judge Advocates must be prepared to lead these efforts. Commanders look to Judge Advocates with the expectation that they will be competent and innovative in implementing the unit's rule of law mission. This is clearly demonstrated by the Center for Law and Military Operations' publication of the Rule of Law Handbook: A Practitioner's Guide for Judge Advocates, where a "constantly re-occurring theme" is that "the command naturally turns to the legal expert within the task force to plan, execute, coordinate, and evaluate rule of law efforts." Over six years of operations in Afghanistan, commanders have relied on JAs in their rule of law operations. These operations have created a number of lessons learned; this paper will highlight three: 1) Rule of law operations must be totally integrated into all phases and aspects of military operations and the unit mission; 2) U.S. Army Rule of Law efforts must be completely coordinated and synchronized with other rule of law efforts, especially those of the host nation, and must recognize what role the military is organizationally qualified to fill; 3) Military rule of law operations must be effects-based.
Author: Robert Perito
Publisher:
ISBN:
Category : Internal security
Languages : en
Pages : 16
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Book Description
Author: Jane Stromseth
Publisher: Cambridge University Press
ISBN: 1139458701
Category : Law
Languages : en
Pages : 393
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Book Description
This book looks at why it's so difficult to create 'the rule of law' in post-conflict societies such as Iraq and Afghanistan, and offers critical insights into how policy-makers and field-workers can improve future rule of law efforts. A must-read for policy-makers, field-workers, journalists and students trying to make sense of the international community's problems in Iraq and elsewhere, this book shows how a narrow focus on building institutions such as courts and legislatures misses the more complex cultural issues that affect societal commitment to the values associated with the rule of law. The authors place the rule of law in context, showing the interconnectedness between the rule of law and other post-conflict priorities, such as reestablishing security. The authors outline a pragmatic, synergistic approach to the rule of law which promises to reinvigorate debates about transitions to democracy and post-conflict reconstruction.
Author: Scott Seward Smith
Publisher: United States Institute of Peace Press
ISBN: 9781601271822
Category : History
Languages : en
Pages : 0
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Book Description
Building an enduring and stable political consensus in Afghanistan's complex, multiactor environment requires clear analysis of the conflict. Getting It Right in Afghanistan addresses the real drivers of the insurgency, how Afghanistan's neighbors can contribute to peace in the region, and the need for more inclusive political arrangements in peace and reconciliation processes.
Author: Sari Kouvo
Publisher:
ISBN:
Category : Nation-building
Languages : en
Pages : 86
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Book Description
This paper provides an analysis of the ongoing stabilization and state-building process in Afghanistan with a focus on rule of law. The paper situates rule of law reform within the framework of the broader stabilization and state-building effort in Afghanistan. The authors analyze if and how the internationally supported and implemented strategies for rule of law reform are contributing to the promotion of rule of law in Afghanistan.
Author: Rachel Kleinfeld
Publisher: Brookings Institution Press
ISBN: 0870032666
Category : Political Science
Languages : en
Pages : 296
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Book Description
In the modern era, political leaders and scholars have declared the rule of law to be essential to democracy, a necessity for economic growth, and a crucial tool in the fight for security at home and stability abroad. The United States has spent billions attempting to catalyze rule-of-law improvements within other countries. Yet despite the importance of the goal to core foreign policy needs, and the hard work of hundreds of practitioners on the ground, the track record of successful rule-of-law promotion has been paltry. In Advancing the Rule of Law Abroad, Rachel Kleinfeld describes the history and current state of reform efforts and the growing movement of second-generation reformers who view the rule of law not as a collection of institutions and laws that can be built by outsiders, but as a relationship between the state and society that must be shaped by those inside the country for lasting change. Based on research in countries from Indonesia to Albania, Kleinfeld makes a compelling case for new methods of reform that can have greater chances of success. This book offers a comprehensive overview of this growing area of policy action where diplomacy and aid meet the domestic policies of other states. Its insights into the practical methods and moral complexities of supporting reform within other countries will be useful to practitioners and students alike.
