In a nation-building operation, outside states invest much of their resources in establishing and maintaining the host country's police, internal security forces, and justice system. This book examines post-Cold War reconstruction efforts, such as those in Iraq and Afghanistan, and assesses the success of U.S. and allied efforts in reconstructing internal security institutions.
Annotation. In a nation-building operation, outside states invest much of their resources in establishing and maintaining the host country's police, internal security forces, and justice system. This book examines post-Cold War reconstruction efforts, such as those in Iraq and Afghanistan, and assesses the success of U.S. and allied efforts in reconstructing internal security institutions.
This volume presents the research analysis of a range of scholars and experts on post conflict peacebuilding and international law from a variety of perspectives and missions. The selected essays show that peacebuilding, like the concept of peacekeeping, is not specifically provided for in the UN Charter. They also demonstrate that the record of peacebuilding, like that of peacekeeping, is varied and while both concepts are intrinsically linked, neither lends itself to precise definition. The essays consider the historical approaches to peacebuilding such as the role played by the UN in the Congo in the early 1960s and the work of the United States and its allies in rebuilding Germany and Japan in the aftermath of World War II. Finally, essays consider the major challenge for contemporary peacebuilding operations to make international administrations accountable and to ensure the involvement of the international community in helping rebuild communities and prevent the resurgence of violence.
The concept of international administrations of territory, in which comprehensive administrative powers are exercised by, on behalf of or with the agreement of the United Nations has recently re-emerged in the context of reconstructing (parts of) states after conflict. Although in Kosovo and East Timor, the UN was endowed with wide-ranging executive and legislative powers, in the subsequent operations in Afghanistan it was decided, to principally rely on local capacity with minimal international participation, and in Iraq, administrative power was exercised by the occupying powers. The objectives are however very similar. This work first delineates the origins of the granting of administrative functions to international actors, and analyses the context in which it has resurfaced, namely post-conflict peace-building or reconstruction. Secondly, the book methodically establishes the legal framework applicable to post-conflict administrations and peace-building operations, by taking into account the post-conflict scenario in which they operate. Based on these two analyses, an enquiry into the practice of the reconstruction processes in Kosovo, East Timor, Afghanistan and Iraq is undertaken, to analyse and understand the influence of the international legal framework and the different approaches on the implementation of the mandates. Finally, the book concludes with an analysis of questions on exit strategies, local ownership, the internationalisation of domestic institutions, and the need for a comprehensive approach towards post-conflict reconstruction.
Eduardo Wassim Aboultaif critically analyzes civil–military relations and the way armies are constructed in divided societies. To achieve that, the book looks at four case studies with deep divisions and whose armed forces have been reconstructed after civil wars. Lebanon and Bosnia-Herzegovina represent two examples of consociational power-sharing arrangements with functioning armed forces that enjoy wide popular support and neutral in internal affairs. Iraq and Burundi, however, have semi-consociational provisions that have politicized the army and made it a partisan military that has either led to disintegration (as in the case of Iraq) or politicization and loss of legitimacy (as in Burundi).
The rule of law is a political ideal today endorsed and promoted worldwide. Or is it? In a significant contribution to the field, Nick Cheesman argues that Myanmar is a country in which the rule of law is 'lexically present but semantically absent'. Charting ideas and practices from British colonial rule through military dictatorship to the present day, Cheesman calls upon political and legal theory to explain how and why institutions animated by a concern for law and order oppose the rule of law. Empirically grounded in both Burmese and English sources, including criminal trial records and wide ranging official documents, Opposing the Rule of Law offers the first significant study of courts in contemporary Myanmar. It sheds new light on the politics of courts during dark times and sharply illuminates the tension between the demand for law and the imperatives of order.
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.
In the last decades, the United States Army has often been involved in missions other than conventional warfare. These include low-intensity conflicts, counterinsurgency operations, and nation-building efforts. Although non-conventional warfare represents the majority of missions executed in the past sixty years, the Army still primarily plans, organizes, and trains to fight conventional ground wars. Consequently, in the last ten years, there has been considerable criticism regarding the military’s inability to accomplish tasks other than conventional war. Failed states and the threat they represent cannot be ignored or solved with conventional military might. In order to adapt to this new reality, the U.S. Army must innovate. This text examines the conditions that have allowed or prevented the U.S. Army to innovate for nation-building effectively. By doing so, it shows how military leadership and civil-military relations have changed. Nation-building refers to a type of military occupation where the goal is regime change or survival, a large number of ground troops are deployed, and both military and civilian personnel are used in the political administration of an occupied country, with the goals of establishing a productive economy and a stable government. Such tasks have always been a challenge for the U.S. military, which is not normally equipped or trained to undertake them. Using military effectiveness as the measurement of innovative success, the book analyzes several U.S. nation-building cases, including post World War II Germany, South Korea from 1945-1950, the Vietnam War, and Operation Iraqi Freedom. By doing so, it reveals the conditions that enabled military innovation in one unique case (Germany) while explaining what prevented it in the others. This variation of effectiveness leads to examine prevailing military innovation theories, threat-based accounts, quality of military organizations, and civil-military relations. This text comes at a critical time as the U.S. military faces dwindling resources and tough choices about its force structure and mission orientation. It will add to the growing debate about the role of civilians, military reformers, and institutional factors in military innovation and effectiveness.
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. This book will be of much interest to students of Afghanistan, intervention and statebuilding, peacekeeping, and post-conflict reconstruction, as well as International Relations in general. Matteo Tondini is a researcher and a legal advisor. He has served as a project advisor to the Embassy of Italy in Kabul, Development Cooperation Unit, working within the ‘Afghanistan Justice Program’ and has a Phd in Political Systems and Institutional Change, from the Institute of Advanced Studies, Lucca, Italy.
