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Promoting the Rule of Law in Post-Conflict Societies: Are International Institutions Getting it Right?

Event Information
Thursday, June 08 2006
Washington, DC USA

On June 8, 2006, ASIL convened a panel discussion on promoting the rule of law in post-conflict societies. The panelists represented a variety of view points and experiences ranging from academic to practitioner.
Robert Pulver, Chief of the Criminal Law and Judicial Advisory Unit in the United Nations Department of Peacekeeping Operations (UNDPKO) Peacekeeping Best Practices Unit, gave an overview of UNDPKO's institutional structure and approach to the rule of law in peacekeeping missions. Pulver noted that although UNDPKO's capacity in this area had recently increased from two staff to five, with some eighteen peacekeeping missions around the world, this still left many gaps in the system.

Scott Carlson, author of Legal and Judicial Rule of Law Work in Multi-Dimensional Peacekeeping Operations: Lessons-Learned Study provided attendees with a summary and overview of the report's findings and recommendations. Among the recommendations, Carlson urged better coordination and cooperation within the UN system, more robust mandates from the UN Security Council for peacekeeping missions with rule of law components, and further funding for these efforts.

Klaus Decker of the Justice Reform Practice Group in the Legal Vice-Presidency of the World Bank, described Bank's approach to post-conflict rule of law challenges. He noted that the work in this area was highly decentralized and that some elements of traditional rule of law work, such as prisons, remained outside the mandate of the Bank. He also observed that the challenges identified within UNDPKO were similar to those facing the World Bank.

Professor Rosa Brooks gave the final presentation. Together with Jane Stromseth and David Wippman, Professor Brooks has co-authored a new ASIL book entitled Can Might Make Rights? Building the Rule of Law after Military Interventions which is funded by the United States Institute of Peace and will be published by Cambridge University Press. Brooks indicated that the book was aimed at a broader and more theoretical analysis of rule of law promotion activities in post-conflict environments and urged practitioners to keep their expectations modest and to remain sensitive to host countries when engaging in such work.

This event highlights two of the ASIL Research and Outreach Program's key focal areas: rule of law, justice and good governance and dispute resolution and conflict mitigation. By bringing scholars and practitioners together to discuss timely issues of international law, the Research and Outreach Program provides a platform of the promotion of a just world under law.