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From War to the Rule of Law

From War to the Rule of Law: Peace Building after Violent Conflicts

Joris Voorhoeve
Wetenschappelijke Raad voor het Regeringsbeleid
SCIENTIFIC COUNCIL FOR GOVERNMENT POLICY
Series: WRR Rapporten
Copyright Date: 2007
Pages: 208
https://www.jstor.org/stable/j.ctt46mzht
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  • Book Info
    From War to the Rule of Law
    Book Description:

    As recent events in Iraq demonstrate, countries that have suffered civil war or rule by military regime can face a long, difficult transition to peaceful democracy. Drawing on the experiences of Bosnia, Haiti, Rwanda and Afghanistan, this outstanding volume demonstrates that newly emerging democracies need more than emergency economic support: restoring the rule of law can involve the training of a new police force, for example, or the creation of an international war crimes tribunal. Concluding with specific recommendations for the UN and EU members,Voorhoeve reminds us that disregard for human rights or delay in civilian reconciliation can lead to resurgences of violence. This title is available in the OAPEN Library - http://www.oapen.org.

    eISBN: 978-90-485-0152-6
    Subjects: Sociology, Political Science

Table of Contents

  1. Front Matter
    (pp. 1-6)
  2. Table of Contents
    (pp. 7-8)
  3. Preface
    (pp. 9-10)
    W.B.H.J. van de Donk
  4. 1 WHY THIS STUDY?
    (pp. 11-18)

    War, civil war and other political violence often revisit countries after brief periods of ‘peace’ or armistice. Some countries are ravaged by multifarious violent conflict during two to four decades. Many cease-fires and peace agreements do not cure the underlying social pathology which led to the bloodshed in the first place. I started this study to explore how a country which has gone through civil war might be helped to avoid the next war.

    The journey which this explorative study maps out begins at the cease-fire line. It proceeds through the rough and risky terrain of post-war looting, military rule,...

  5. 2 AN OVERVIEW OF PEACEBUILDING
    (pp. 19-28)

    Everything necessary for normal human life starts with the absence of violence. The core tasks of any government are to provide physical peace, public security and basic freedoms to its citizens. The common purpose of various forms of democratic government is to create conditions which enable its population to satisfy their needs and desires and enjoy human rights, to the extent that this does not harm others.

    Of course, no country is Utopia. Thomas More’s Utopia was a fantasy island without international relations. There were no external security concerns. In the real world, the core tasks of maintaining peace, security...

  6. 3 TOWARDS TYPOLOGY AND THEORY
    (pp. 29-52)

    It would be a mistake to generalise quickly about peacebuilding operations. All countries and wars are different. There are at present 192 member states of the United Nations and a number of autonomous but not fully sovereign nations and territories. These countries all have their distinct characteristics. The same applies to wars, civil wars, and other forms of contemporary armed conflict and political violence. No manifestation can be said to be the same as another. Comparative analysis of various cases offers insight, but the number of variables that differ between countries is so large that modesty is necessary when searching...

  7. 4 (RE) ESTABLISHING ORDER
    (pp. 53-90)

    As everything begins with physical safety and negative peace, i.e. the absence of war or the threat of massive political violence, restoring and maintaining basic public security is always the number one priority. People who have personally only experienced peace and watch gross injustices in other countries via the media often find this priority for safety difficult to appreciate. To many, justice seems the most urgent concern. But those who have lost beloved ones in war and are threatened by daily violence will put water, food, medical aid and a secure public order on the top of their agenda.

    The...

  8. 5 (RE) BUILDING THE RULE OF LAW
    (pp. 91-126)

    The foundation for future rule of law is to be laid in the transitional phase, which was surveyed in the previous chapter. Transitional politics may have led to a provisional constitution or a basic agreement which will later on lead to a new constitution. Transitional ‘justice’ may have started purging the country of war criminals, war profiteers and serious collaborators with criminal political behaviour during the previous regime. Emergency laws may have facilitated the return of physical security. A beginning may have been made with disarmament, demobilisation and reform of the armed forces, the police and the intelligence services. A...

  9. 6 RESOURCES AND COSTS
    (pp. 127-146)

    In this chapter, we will look at the means which are potentially available for peacebuilding operations and rule-of-law assistance. What matters most is how to encourage thedomestic capabilitiesfor peacebuilding and the rule of law in a country. Foreign aid can be very important; it can encourage but cannot entirely replace for long an absent domestic demand for improvement of the legal order.

    In all countries plagued by war, there is strong demand for peace and justice. The former war leaders may or may not heed these desires, but the population is usually sick and tired of the war...

  10. 7 THE EUROPEAN UNION AND POST-CONFLICT PEACEBUILDING
    (pp. 147-166)

    After the exploration of peacebuilding in the previous chapters, it is useful to look specifically at the policies and instruments of the European Union. It may be the largest source of assistance for rule-of-law support activities in the foreseeable future. The European Union and its members have already become the largest source of bilateral and multilateral assistance in the world for development, humanitarian, emergency and peacebuilding programmes.

    This chapter explores how its members have empowered the eu to play a role in peacebuilding since the 1990s. Even though the eu and its members form the main source of funds, their...

  11. 8 CONCLUSIONS AND RECOMMENDATIONS
    (pp. 167-192)

    What can be learned from the previous exploration of many attempts at peacebuilding and rule of law reform? How can policies be improved? There are neither sound-bite lessons nor quick fixes. We can only try to give an overview, based on our still incomplete reading of case studies (in 2005-7) and visits to a number of peacekeeping and peacebuilding operations (in the period 1984 – 2005). We refer to the limitations set out in chapter 1. Recent, very sobering experience in Iraq and Afghanistan could only be partially included. This exploration was written during the ongoing operations in those countries....

  12. List of Country illustrations, Tables, Text boxes and Maps
    (pp. 193-194)
  13. ACKNOWLEDGEMENTS
    (pp. 195-196)
  14. FURTHER READING
    (pp. 197-202)
  15. SOME RELEVANT WEBSITES
    (pp. 203-203)