The trend for international engagement in post-conflict reconstruction has produced a host of best-practice postulates on topics such as local involvement in decision-making, accountability for past atrocities, sensitivity to context, and the construction of democratic institutions of governance. International law has potential relevance for many of these themes, yet the question of how the implementation of best-practice policy recommendations might be affected by international law remains under-examined.
This book offers a fuller understanding of the role of international law in the practice of post-conflict reconstruction. It explores how international legal issues that arise in the post-conflict period relate to a number of strands of the policy debate, including government creation, constitution-making, gender policy, provision of security, justice for past atrocities, rule of law development, economic recovery, returning displaced persons, and responsibilities of international actors.
The chapters of the book work to reveal the extent to which international law figures in the policy of internationally enabled post-conflict reconstruction across a range of sectors. They also highlight the scope for international law to be harnessed in a more effective manner from the perspective of the transition to peace and stability. The book lays out a basis for future policy making on post-conflict reconstruction; one that is informed about the international legal parameters, and more aware of how international law can be utilized to promote key objectives.
1. Introduction, Matthew Saul and James Sweeney Part 1: Foundational Issues 2. International Law and the Identification of an Interim Government to Lead Post-Conflict Reconstruction, Matthew Saul 3. The Exercise of Governance Authority by International Organisations: The Role of Due Diligence Obligations after Conflict, Aoife O’Donoghue 4. Tailoring Justice for Mass Atrocities: The Constraints of International Law and the ICC’s Complementarity Regime, Annika Jones 5. Practicing Women, Peace and Security in Post-Conflict Reconstruction, Aisling Swaine Part 2: Reform Issues 6. Constitution Making and Post Conflict Reconstruction, Catherine Turner and Ruth Houghton 7. ‘Security Sector Reform for Human Security: The Role of International Law and Transitional Justice in Shaping More Effective Policy and Practice’, Dustin Sharp 8. The International Rule of Law as Trumps: Do International Criminal Trial Responsibilities Impede Realisation of Domestic Rule of Law Priorities?, Padraig McAuliffe 9. Economic Self-Determination in Post-Conflict Reconstruction: The Case Study of Timor-Leste, Lisa Mardikian Part 3: Administration 10. Media in Post-Conflict Transitions: Balancing Protection Against Violence and Freedom of Expression, Antoine Buyse 11. Legal Empowerment and Liberal-Local Peace-Building, Lars Waldorf 12. From IDPs to Victims in Colombia: A Bottom-Up Reading of Law in Post- Conflict Transitions, Kristin Bergtora Sandvik and Julieta Lemaitre 13. Law and Policy on Post-Conflict Restitution, James Sweeney 14. Conclusion: Towards a Fuller Understanding of the Foundations, Practice, and Future of the Role of International Law in Post-Conflict Reconstruction Policy, Matthew Saul
International law has great relevance in post-conflict contexts, but the complexity of its role, both as a supporting and restraining factor, can be underestimated. This series explores the role of law, and in particular international law, in securing ‘justice’ in post-conflict contexts. The remit of the series extends to matters of law connected to, for example: post-conflict legal reforms and the development of constitutions; the establishment of the rule of law; the place of international organizations in post-conflict; peace-keeping; transitional justice mechanisms (including criminal justice); and discussion of jus post bellum. It also seeks self-reflexive works on notions of post-conflict justice, transitional justice, and similar.