Customary Justice and the Rule of Law in War-torn Societies

Customary Justice and the Rule of Law in War-torn Societies
Author: Deborah Isser
Publisher: US Institute of Peace Press
Total Pages: 402
Release: 2011
Genre: History
ISBN: 1601270666

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. "

The Law of War

The Law of War
Author: Ingrid Detter de Lupis Frankopan
Publisher: Cambridge University Press
Total Pages: 564
Release: 2000-09-28
Genre: Law
ISBN: 9780521787758

D Types of war.

Can Might Make Rights?

Can Might Make Rights?
Author: Jane Stromseth
Publisher: Cambridge University Press
Total Pages: 393
Release: 2006-09-25
Genre: Law
ISBN: 1139458701

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.

Rule of Law, Misrule of Men

Rule of Law, Misrule of Men
Author: Elaine Scarry
Publisher: MIT Press
Total Pages: 219
Release: 2010-04-02
Genre: Political Science
ISBN: 026226577X

A passionate call for citizen action to uphold the rule of law when government does not. This book is a passionate call for citizen action to uphold the rule of law when government does not. Arguing that post-9/11 legislation and foreign policy severed the executive branch from the will of the people, Elaine Scarry in Rule of Law, Misrule of Men offers a fierce defense of the people's role as guarantor of our democracy. She begins with the groundswell of local resistance to the 2001 Patriot Act, when hundreds of towns, cities, and counties passed resolutions refusing compliance with the information-gathering the act demanded, showing that citizens can take action against laws that undermine the rights of citizens and noncitizens alike. Scarry, once described in the New York Times Sunday Magazine as “known for her unflinching investigations of war, torture, and pain,” then turns to the conduct of the Iraqi occupation, arguing that the Bush administration led the country onto treacherous moral terrain, violating the Geneva Conventions and the armed forces' own most fundamental standards. She warns of the damage done to democracy when military personnel must choose between their own codes of warfare and the illegal orders of their civilian superiors. If our military leaders uphold the rule of law when civilian leaders do not, might we come to prefer them? Finally, reviewing what we know now about the Bush administration's crimes, Scarry insists that prosecution—whether local, national, or international—is essential to restoring the rule of law, and she shows how a brave town in Vermont has taken up the challenge. Throughout the book, Scarry finds hope in moments where citizens withheld their consent to grievous crimes, finding creative ways to stand by their patriotism.

World Peace Through Law

World Peace Through Law
Author: James Taylor Ranney
Publisher: Routledge
Total Pages: 207
Release: 2017-09-08
Genre: Political Science
ISBN: 1351348744

This book deals with the history and future of the concept of ‘world peace through law’ (WPTL), which advocates replacing the use of international force with the global rule of law. WPTL calls for replacing war with the global rule of law by arms reductions, including the abolition of nuclear weapons, global alternative dispute resolution mechanisms, and various enforcement mechanisms. This book sets forth a three-part proposal: 1) arms reductions – primarily the abolition of nuclear weapons, with necessarily concomitant reductions in conventional forces; 2) a four-stage system of global alternative dispute resolution (ADR), utilizing both law and equity; 3) adequate enforcement mechanisms, including a UN Peace Force. The core of this proposal is alternative dispute resolution mechanisms—international ADR. International ADR would consist of a four-stage process of compulsory negotiation, compulsory mediation, compulsory arbitration., and compulsory adjudication by the World Court. The fundamental proposition of this book is that the use of alternatives to war, global ADR, is the ultimate solution to the problem of peace. The full implementation of WPTL will entail a vast array of progressive initiatives on many fronts, including abolition of nuclear weapons, with the global rule of law being the capstone to all of these developments. This book will be of great interest to students of peace studies, arms control, international law, and world politics.

The Law of War

The Law of War
Author: William H. Boothby
Publisher: Cambridge University Press
Total Pages: 481
Release: 2018-03-29
Genre: History
ISBN: 1108427588

A detailed and highly authoritative critical commentary appraising the vitally important United States Department of Defense Law of War Manual.

War Law

War Law
Author: Michael Byers
Publisher: Open Road + Grove/Atlantic
Total Pages: 224
Release: 2007-12-01
Genre: Law
ISBN: 155584846X

“Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law.” —Chris Patten, Chancellor of Oxford University International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky

Rule of Law in War

Rule of Law in War
Author: Travers McLeod
Publisher: Oxford University Press, USA
Total Pages: 305
Release: 2015
Genre: History
ISBN: 0198716397

War and security have traditionally been held up as two areas where it is largely assumed international law has little influence on state action. Rule of Law in War shows that it is possible to isolate the impact of rules, and to do so in areas that have historically been impenetrable.

Military Rules, Regulations and the Code of War

Military Rules, Regulations and the Code of War
Author: Richard Shelly Hartigan
Publisher: Routledge
Total Pages: 216
Release: 2017-07-05
Genre: History
ISBN: 1351505386

Military commanders from ancient time had set down rules and regulations to discipline their troops. From the Pharaohs on, commanders directed the strategy, tactics, and camp discipline of the often unruly hosts of soldiers under their command. They had one aim: to create an efficient fighting force. Military officers, camp-followers and cooks were all expected to perform their services according to mandate and in light of the best interests of the armed force and the fighting soldiery. Modern commanders have exemplified the same passion for military discipline to produce an effective combat machine. Military analyses derived from Roman law contained enough historical examples to fill an encyclopedia. Yet, although addressed to the problems of their day, they generally remained the private counsel of scholars and had little impact on political and military decisions. While theorists of international law were developing a body of rules to govern warfare, practitioners of conflict were largely moved by the motives of military necessity. Under the dual auspices of military necessity and national self-interest, the code of the military commander was simple: maintain a disciplined fighting force in order to achieve military victory. To remedy this gap between theory and practice, a practical guide was needed which would briefly describe for commanders in the field their rights and obligations of belligerents as custom and theory had developed them. Then political and military policy could be expected to conform to the theoretical law of nations. This was the synthesis that the Lieber code proposed. Originally published in as Lieber's Law and the Code of War, this paperback edition bears a new title that more precisely identifies the subjects covered.