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Book Hybrid Justice in Afghanistan  Challenges of State building and Post Conflict Rule of Law

Download or read book Hybrid Justice in Afghanistan Challenges of State building and Post Conflict Rule of Law written by Ahmad Wardak and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the fundamental functions of any state is to maintain monopoly over legitimate use of violence and provide order and security for its citizens, yet the state of Afghanistan fails to do so. Public trust in formal rule of law institutions thus continues to decline, and citizens instead rely heavily on traditional justice institutions. This dissertation explores the consequences of such reliance on informal justice institutions in relation to the construction of post-Taliban state institutions and to human rights protection in Afghanistan. Drawing on three years of qualitative and public opinion field research (2011-2014) and employing an historical institutionalist approach, the dissertation explores the emergence of hybrid justice mechanisms in the Southern and Eastern regions of Afghanistan. Because these mechanisms promote grassroots participation in the new regime, they contribute not only to state-building and post-conflict rule of law but also serve as an effective mechanism for restorative justice and political reconciliation. The Afghan case thus illuminates the challenge of balancing the imperatives of peace, justice, tradition and modernity within transitional justice and democratization theory and practice.

Book Statebuilding and Justice Reform

Download or read book Statebuilding and Justice Reform written by Matteo Tondini and published by Routledge. This book was released on 2010-02-25 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book The Rule of Law in Afghanistan

    Book Details:
  • Author : Whit Mason
  • Publisher : Cambridge University Press
  • Release : 2011-04-14
  • ISBN : 1139495526
  • Pages : 367 pages

Download or read book The Rule of Law in Afghanistan written by Whit Mason and published by Cambridge University Press. This book was released on 2011-04-14 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: How, despite the enormous investment of blood and treasure, has the West's ten-year intervention left Afghanistan so lawless and insecure? The answer is more insidious than any conspiracy, for it begins with a profound lack of understanding of the rule of law, the very thing that most dramatically separates Western societies from the benighted ones in which they increasingly intervene. This volume of essays argues that the rule of law is not a set of institutions that can be exported lock, stock and barrel to lawless lands, but a state of affairs under which ordinary people and officials of the state itself feel it makes sense to act within the law. Where such a state of affairs is absent, as in Afghanistan today, brute force, not law, will continue to rule.

Book Research Handbook on Post Conflict State Building

Download or read book Research Handbook on Post Conflict State Building written by Paul R. Williams and published by Edward Elgar Publishing. This book was released on 2020-08-28 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a conflict ends and the parties begin working towards a durable peace, practitioners and peacebuilders are faced with the thrilling possibilities and challenges of building new or reformed political, security, judicial, social, and economic structures. This Handbook analyzes these elements of post-conflict state building through the lens of international law, which provides a framework through which the authors contextualize and examine the many facets of state building in relation to the legal norms, processes, and procedures that guide such efforts across the globe. The volume aims to provide not only an introduction to and explanation of prominent topics in state building, but also a perceptive analysis that augments ongoing conversations among researchers, lawyers, and advocates engaged in the field.

Book Peace

    Book Details:
  • Author : Oliver P. Richmond
  • Publisher : Oxford University Press
  • Release : 2023-02-23
  • ISBN : 0192857029
  • Pages : 177 pages

Download or read book Peace written by Oliver P. Richmond and published by Oxford University Press. This book was released on 2023-02-23 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Very Short Introductions: Brilliant, Sharp, Inspiring The concept of peace has always attracted radical thought, action, and practices. It has been taken to mean merely an absence of overt violence or war, but in the contemporary era it is often used interchangeably with 'peacemaking', 'peacebuilding', 'conflict resolution', and 'statebuilding'. The modern concept of peace has therefore broadened from the mere absence of violence to something much more complicated. In this Very Short Introduction, Oliver Richmond explores the evolution of peace in practice and in theory, exploring our modern assumptions about peace and the various different interpretations of its applications. This second edition has been theoretically and empirically updated and introduces a new framework to understand the overall evolution of the international peace architecture. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Book Model Codes for Post conflict Criminal Justice

Download or read book Model Codes for Post conflict Criminal Justice written by Vivienne M. O'Connor and published by US Institute of Peace Press. This book was released on 2007 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accompanying CD-ROMs contains the text of vol. 1. and vol. 2.

Book Statebuilding and Justice Reform

Download or read book Statebuilding and Justice Reform written by Matteo Tondini and published by Routledge. This book was released on 2010-02-25 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book DAC Guidelines and Reference Series Supporting Statebuilding in Situations of Conflict and Fragility Policy Guidance

Download or read book DAC Guidelines and Reference Series Supporting Statebuilding in Situations of Conflict and Fragility Policy Guidance written by OECD and published by OECD Publishing. This book was released on 2011-02-08 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an internationally accepted conceptual framework for statebuilding, informed by today’s realities of conflict-affected and fragile situations.

Book Statebuilding

    Book Details:
  • Author : Timothy Sisk
  • Publisher : John Wiley & Sons
  • Release : 2014-01-21
  • ISBN : 0745663559
  • Pages : 227 pages

Download or read book Statebuilding written by Timothy Sisk and published by John Wiley & Sons. This book was released on 2014-01-21 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: After civil wars end, what can sustain peace in the long-term? In particular, how can outsiders facilitate durable conflict-managing institutions through statebuilding - a process that historically has been the outcome of bloody struggles to establish the state's authority over warlords, traditional authorities, and lawless territories? In this book, Timothy Sisk explores international efforts to help the world’s most fragile post-civil war countries today build viable states that can provide for security and deliver the basic services essential for development. Tracing the historical roots of statebuilding to the present day, he demonstrates how the United Nations, leading powers, and well-meaning donors have engaged in statebuilding as a strategic approach to peacebuilding after war. Their efforts are informed by three key objectives: to enhance security by preventing war recurrence and fostering community and human security; to promote development through state provision of essential services such as water, sanitation, and education; to enhance human rights and democracy, reflecting the liberal international order that reaffirms the principles of democracy and human rights, . Improving governance, alongside the state's ability to integrate social differences and manage conflicts over resources, identity, and national priorities, is essential for long-term peace. Whether the global statebuilding enterprise can succeed in creating a world of peaceful, well-governed, development-focused states is unclear. But the book concludes with a road map toward a better global regime to enable peacebuilding and development-oriented statebuilding into the 21st century.

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

Download or read book Customary Justice and the Rule of Law in War torn Societies written by Deborah Isser and published by US Institute of Peace Press. This book was released on 2011 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. "

Book Can Might Make Rights

    Book Details:
  • Author : Jane Stromseth
  • Publisher : Cambridge University Press
  • Release : 2006-09-25
  • ISBN : 1139458701
  • Pages : 393 pages

Download or read book Can Might Make Rights written by Jane Stromseth and published by Cambridge University Press. This book was released on 2006-09-25 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Guiding Principles for Stabilization and Reconstruction

Download or read book Guiding Principles for Stabilization and Reconstruction written by United States Institute of Peace and published by US Institute of Peace Press. This book was released on 2009 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Claude Chabrol's second film follows the fortunes of two cousins: Charles, a hard-working student who has arrived in Paris from his small hometown; and Paul, the dedicated hedonist who puts him up. Despite their differences in temperament, the two young men strike up a close friendship, until an attractive woman comes between them.

Book Promoting the Rule of Law in Post Conflict States

Download or read book Promoting the Rule of Law in Post Conflict States written by Laura Grenfell and published by Cambridge University Press. This book was released on 2013-07-11 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laura Grenfell critically evaluates how the rule of law is contextualized and promoted in states where customary law is prevalent.

Book US Nation Building in Afghanistan

Download or read book US Nation Building in Afghanistan written by Conor Keane and published by Routledge. This book was released on 2016-03-31 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why has the US so dramatically failed in Afghanistan since 2001? Dominant explanations have ignored the bureaucratic divisions and personality conflicts inside the US state. This book rectifies this weakness in commentary on Afghanistan by exploring the significant role of these divisions in the US’s difficulties in the country that meant the battle was virtually lost before it even began. The main objective of the book is to deepen readers understanding of the impact of bureaucratic politics on nation-building in Afghanistan, focusing primarily on the Bush Administration. It rejects the ’rational actor’ model, according to which the US functions as a coherent, monolithic agent. Instead, internal divisions within the foreign policy bureaucracy are explored, to build up a picture of the internal tensions and contradictions that bedevilled US nation-building efforts. The book also contributes to the vexed issue of whether or not the US should engage in nation-building at all, and if so under what conditions.

Book United Nations Justice

    Book Details:
  • Author : Calin Trenkov-Wermuth
  • Publisher : UN
  • Release : 2010
  • ISBN :
  • Pages : 250 pages

Download or read book United Nations Justice written by Calin Trenkov-Wermuth and published by UN. This book was released on 2010 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: "At the end of the 20th century, and at the dawn of the 21st, the United Nations was tasked with the administration of justice in territories placed under its executive authority, an undertaking for which there was no established precedent or doctrine. Examining the UN's legal and judicial reform efforts in Kosovo and East Timor, this volume argues that rather than helping to establish a sustainable legal system, the UN's approach detracted from it, as it confused ends with means."--Publisher's description.

Book New Perspectives on Liberal Peacebuilding

Download or read book New Perspectives on Liberal Peacebuilding written by Edward Newman and published by . This book was released on 2009 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: Africa; Sierra Leone; Afghanistan; Bosnia-Herzegovina; Timor-Leste; Sri Lanka; Palestine; Israel; United Nations; Lebanon; Cambodia; Central America.