What is the ‘rule of law’ and how can it best be implemented in peace operations? This article from the journal International Peacekeeping reviews four publications on the rule of law in post-conflict situations. The books demonstrate that implementing the rule of law is more easily said than done. There is a need to systematise research and specify the conditions of success and failure in order to develop a more tangible policy framework.
Rule of law has become an important concept for international organisations and development agencies. The UN has published reports on the concept and set up offices and departments for the issue within the organisation and in peace operations. However, as one of the books reviewed argues, rule of law remains an elusive concept. Rule of law can be defined in terms of institutions, norms, crime rates and other components. However, the different components are potentially competing and may lead to the pursuit of different goals that could undermine each other.
The four books reviewed discuss the following issues:
- The establishment of the rule of law in post-conflict contexts seems to depend on four dimensions: international military, police, justice systems and prisons. Joint thinking and action on security and justice reform are strongly needed.
- Quick implementation and action after intervention seem crucial to the success of rule of law and security sector reform. Interventions create windows of opportunity that have to be used.
- Executive roles for international actors in post-conflict situations can be beneficial in terms of impartiality and efficiency. However, they can also undermine local capacity building.
- Local ownership is central in rule of law reform. International involvement can create problems for local ownership, including conflicts between international and local norms.
- The quality of planning and coordination between various local and international actors heavily influences success or failure.
- Rule of law activities are difficult to measure, since they are embedded in larger political and social institutions. Single measures can provide evidence of progress, but overall measures are equally important.
- The transfer of knowledge acquired on the rule of law in development contexts to post-conflict peacebuilding is lacking.
- Greater consideration should be given to the rule of law in relation to alternative approaches to the state-centred paradigm. In a similar way, transitional justice and its links to justice reform and capacity building needs considering in greater depth.
- Little is published about the rule of law work of a variety of international and regional organisations. Differences and lessons learned (or not learned) between the organisations are rarely discussed.
- While several governance reform areas have great influence on the functioning of security and justice, little is known about their determinants for success or failure.
- There is little research on the perception of the rule of law and security or on the impact of public information and education.
- More fine-grained and systematic research is needed on the links between single components and the value of integrating them under one heading. Accounts of how concepts of rule of law evolve and are implemented in the field are also needed.
