Post-Conflict Justice and the Rule of Law
8, 9, 10 May, 9.00-12.00, Sala degli Anelli
Registration code: LAW-DS-POSTCO-16
Administrative Assistant: Rossella Corridori
3 credits
How can a country be put back together again following conflict, and who should be involved in the process? What are the essential building blocks of post-conflict reconstruction, and how should they be sequenced? If the Rule of Law is a critical component of reconstruction efforts, why is it so difficult to institutionalize? Policymakers, international lawyers and field practitioners now understand that creating an environment in which the Rule of Law can serve as a framework for peace, security and economic development requires more than simply strengthening legal institutions and training justice sector personnel. More complex issues such as political and cultural considerations that impact a society’s commitment to values associated with the Rule of Law must also be addressed.
In this short seminar, we will explore a number of issues relating to post-conflict reconstruction and the Rule of Law – from abstract and theoretical questions such as whether becoming involved in the laws and institutions of another country constitutes a form of imperialism – to legal frameworks governing international intervention and development and post-conflict constitution-building – to specific concrete steps required during post-conflict reconstruction.
Issues we will study will span the work of tribunals, truth commissions and local mechanisms to deal with violence and criminal acts; constitutional development; judicial reform and independence; transparency and corruption; security issues; problems facing displaced groups of people, and the role of civil society in establishing sustainable justice and development. Through readings, case studies, films and a guest speaker we will examine and critique specific examples of nation-building efforts undertaken by the United States and the international community.
Learning Outcomes
At the conclusion of the course, you should have an understanding of the legal frameworks that govern international intervention and reconstruction efforts as well as the level of success of various reconstruction strategies used during past conflicts. This will help you predict appropriate strategies that may be used in current and future conflicts (for example, in Syria) and their likelihood of success.
Texts
Readings will be provided in class and will generally be taken from Can Might Make Rights? Building the Rule of Law after Military Interventions by Jane Stromseth. Other readings will also be provided.