1st Edition

Post-Conflict Rebuilding and International Law

Edited By Ray Murphy Copyright 2012
    478 Pages
    by Routledge

    480 Pages
    by Routledge

    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.

    Contents: Introduction; Part I Africa: Transitional justice: a future Truth Commission for Zimbabwe?, Max Du Plessis and Jolyon Ford; Courts and democracy in postconflict transitions: a social scientist's perspective on the African case, Jennifer Widner; Legal, judicial and administrative reforms in post-conflict societies: beyond the rule of law template, Richard Sannerholm. Part II Europe: The governance of Kosovo: Security Council Resolution 1244 and the establishment and functioning of EULEX, Erika de Wet; Peacekeeping and prosecutorial policy: lessons from Kosovo, Gregory L. Naarden and Jeffrey B. Locke; The disempowerment of human rights-based justice in the United Nations mission in Kosovo, David Marshall and Shelley Inglis. Part III Legal Frameworks and the Rule of Law: Promoting the rule of law abroad: the problem of knowledge, Thomas Carothers; Collapse and reconstruction of a judicial system: the United Nations missions in Kosovo and East Timor, Hansjörg Strohmeyer; United Nations reform and supporting the rule of law in post-conflict societies, David Tolbert with Andrew Solomon; From neo-colonialism to a 'light-footprint approach': restoring justice systems, Matteo Tondini; Post-conflict peace-building and constitution-making, Kirsti Samuels; 'Jus ad bellum', 'jus in bello'...'jus post bellum'? Rethinking the conception of the law of armed force?, Carsten Stahn; Peace agreements: their nature and legal status, Christine Bell. Part IV Contemporary Challenges: From state failure to state-building: problems and prospects for a United Nations Peacebuilding Commission, Simon Chesterman; 'Security starts with the law': the role of international law in the protection of women's security post-conflict, Amy Maguire; Framing the issue: UN responses to corruption and criminal networks in post-conflict settings, Victoria K. Holt and Alix J. Boucher; Corrupting peace? Peacebuilding and post-conflict corruption, Philippe Le Billon; Closing the gap between peace opera


    Ray Murphy is Senior Lecturer in Law at the Irish Centre for Human Rights, School of Law, National University of Ireland Galway, Ireland