Post-Conflict Rebuilding and International Law / Edition 1

by Ray Murphy

Overview

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.

Product Details

ISBN-13:	9780754629573
Publisher:	Taylor & Francis
Publication date:	02/15/2012
Series:	The International Law of Peace and Security
Edition description:	1
Pages:	480
Product dimensions:	6.62(w) x 9.62(h) x (d)

About the Author

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

Table of Contents

Acknowledgements vii

Series Preface ix

Introduction xi

Part I Africa

1 Max Du Plessis and Jolyon Ford (2009), 'Transitional Justice: A Future Truth Commission for Zimbabwe?', International and Comparative Law Quarterly, 58, pp. 73-117. 3

2 Jennifer Widner (2001), 'Courts and Democracy in Postconflict Transitions: A Social Scientist's Perspective on the African Case', American Journal of International Law, 95, pp. 64-75. 49

3 Richard Sannerholm (2007), 'Legal, Judicial and Administrative Reforms in Post-Conflict Societies: Beyond the Rule of Law Template', Journal of Conflict and Security Law, 12, pp. 65-93. 61

Part II Europe

4 Erika de Wet (2009), 'The Governance of Kosovo: Security Council Resolution 1244 and the Establishment and Functioning of EULEX', American Journal of International Law, 103, pp. 83-96. 93

5 Gregory L. Naarden and Jeffrey B. Locke (2004), 'Peacekeeping and Prosecutorial Policy: Lessons from Kosovo', American Journal of 'International Law, 98, pp. 727-43. 107

6 David Marshall and Shelley Inglis (2003), 'The Disempowerment of Human Rights-Based Justice in the United Nations Mission in Kosovo', Harvard Human Rights Journal, 16, pp. 95-146. 125

Part III Legal Frameworks and the Rule of Law

7 Thomas Carothers (2003), 'Promoting the Rule of Law Abroad: The Problem of Knowledge', Rule of Law Series Democracy and Rule of Law Project, Number 34, Carnegie Endowment for International Peace, pp. 3, 5-14. 179

8 Hansjörg Strohmeyer (2001), 'Collapse and Reconstruction of a Judicial System: The United Nations Missions in Kosovo and East Timor', American Journal of International Law, 95, pp. 46-63. 191

9 David Tolbert with Andrew Solomon (2006), 'United Nations Reform and Supporting the Rule of Law in Post-Conflict Societies', Harvard Human Rights Journal, 19, pp. 29-62. 209

10 Matteo Tondini (2008), 'From Neo-Colonialism to a "Light-Footprint Approach": Restoring Justice Systems', International Peacekeeping, 15, pp. 237-51. 243

11 Kirsti Samuels (2005-6), 'Post-Conflict Peace-Building and Constitution-Making', Chicago Journal of International Law, 6, pp. 663-82. 259

12 Carsten Stahn (2006), '"Jus ad Bellum", "Jus in Bello"…"Jus post Bellum"? Rethinking the Conception of the Law of Armed Force', European Journal of international Law, 17, pp. 921-43. 279

13 Christine Bell (2006), 'Peace Agreements: Their Nature and Legal Status', American Journal of International Law, 100, pp. 373-4121 303

Part IV Contemporary Challenges

14 Simon Chesterman (2005), 'From State Failure to State-Building: Problems and Prospects for a United Nations Peacebuilding Commission', Journal of International Law and International Relations, 2, pp. 155-75. 345

15 Amy Maguire (2009), '"Security Starts with the Law": The Role of International Law in the Protection of Women's Security Post-Conflict', in B. Bowden, H. Charlesworth and J. Farrell (eds), The Role of Law in Rebuilding Societies after Conflict, New York: Cambridge University Press, pp. 218-43. 367

16 Victoria K. Holt and Alix J. Boucher (2009), 'Framing the Issue: UN Responses to Corruption and Criminal Networks in Post-Conflict Settings', International Peacekeeping, 16, pp. 20-32. 393

17 Philippe Le Billon (2008), 'Corrupting Peace? Peacebuilding and Post-Conflict Corruption', International Peacekeeping, 15, pp. 344-61. 407

18 Robert Muggah and Keith Krause (2009), 'Closing the Gap between Peace Operations and Post-Conflict Insecurity: Towards a Violence Reduction Agenda', International Peacekeeping, 16, pp. 136-50. 425

Name Index 441