RULE OF LAW/JUSTICE AND RECONCILIATION

“Human beings are sufficiently evil to make democracy necessary, and sufficiently good to make it possible.”
– Reinhold Niebuhr

“First, law is politics.”
– Louis Henken

“The only stable state is the one in which all men are equal before the law.”
– Aristotle

INTRODUCTION
In war-torn societies citizens generally experience extreme hatred and the desire for revenge runs deep among different ethnic groups. The international community must quickly develop a method of achieving justice for victims of abuse. One of the first goals of the international community is to prevent retribution promote multiethnic harmony, while ensuring that the rights of the victims are preserved.

In peace operations there are often attempts by various institutions, the United Nations included, to address the issues of gross human rights violations that occurred during the conflict. Many of those conflicts fall outside the legal definition of ‘war’ and thus outside the ambit of the international laws of war.

OBJECTIVES

1. Examine the goals, policies, organization, missions, and resources required to develop and implement a legal system to address reconciliation.
2. Analyze the policies and principles that will facilitate the development of institutions and their capacities that are necessary for addressing legal issues affecting the citizens.
3. Examine how external actors can be more effective in bringing about lasting changes and help establish a legal system.

ISSUES FOR DISCUSSION

1. How does the international community build the necessary capacity to address the issue of justice and reconciliation?
2. How can the international community help to restore and strengthen the legal institutional framework, and update the legal code in war-torn societies?

REQUIRED READING
Rose-Ackerman, Susan. “Establishing the Rule of Law” When States Fail: Causes and Consequences. ed. Robert I. Rotberg. Princeton University Press. 2004. pp. 182-221.

Rosalind Shaw, “Rethinking Truth and Reconciliation Commissions: Lessons from Sierra Leone,” U.S. Institute of Peace, February 2005. (On Blackboard)

“Building Capacity for U.S. Stability Operations: The Rule of Law Component,” U.S. Institute of Peace, April 2004. (On Blackboard)

SUPPLEMENTAL READING
Jonathan Morrow, “Iraq’s Constitutional Process II: An Opportunity Lost,” U.S. Institute of Peace, November 2005. (On Blackboard)