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Rule of Law in War
Author: Travers McLeod
Publisher: Oxford University Press, USA
Published: 2015
Total Pages: 305
ISBN-13: 0198716397
DOWNLOAD EBOOK →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.
Establishing the Rule of Law in Iraq
Customary Justice and the Rule of Law in War-torn Societies
Author: Deborah Isser
Publisher: US Institute of Peace Press
Published: 2011
Total Pages: 402
ISBN-13: 1601270666
DOWNLOAD EBOOK →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. "
Iraq and the Rule of Law
The Iraq War and International Law
Author: Philip Shiner
Publisher: Bloomsbury Publishing
Published: 2008-09-17
Total Pages: 386
ISBN-13: 1847314589
DOWNLOAD EBOOK →The decision by the US and UK governments to use military force against Iraq in 2003 and the subsequent occupation and administration of that State, has brought into sharp focus fundamental fault lines in international law. The decision to invade, the conduct of the war and occupation and the mechanisms used to administer the country all challenge the international legal community placing it at a crossroads. When can the use of force be justified? What are the limits of military operations? What strength does international criminal law possess in the face of such interventions? How effective is the international regime of human rights in these circumstances? What role does domestic law have to play? How the law now responds and develops in the light of these matters will be of fundamental global importance for the 21st century and an issue of considerable political and legal concern. This book explores this legal territory by examining a number of issues fundamental to the future direction of international law in the War's aftermath. Consideration is also given to the impact on UK law. Both practical and academic perspectives are taken in order to scrutinise key questions and consider the possible trajectories that international law might now follow.
Establishing the Rule of Law in Iraq
Societal Reconciliation, the Rule of Law and the Iraqi High Tribunal
Author: William H. Wiley
Publisher: Torkel Opsahl Academic EPublisher
Published: 2015-05-29
Total Pages: 4
ISBN-13: 8283480049
DOWNLOAD EBOOK →Constitutionalism, Human Rights, and the Rule of Law in Iraq
Author: United States. Congress. Senate. Committee on Foreign Relations. Subcommittee on Near Eastern and South Asian Affairs
Publisher:
Published: 2003
Total Pages: 120
ISBN-13:
DOWNLOAD EBOOK →Can Might Make Rights?
Author: Jane Stromseth
Publisher: Cambridge University Press
Published: 2006-09-25
Total Pages: 393
ISBN-13: 1139458701
DOWNLOAD EBOOK →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.
