Rule of Law after War and Crisis

Ideologies, Norms and Methods

By Richard Zajac Sannerholm

Rule of law has emerged as an essential objective in assistance to post-conflict and post-crisis societies, such as Somalia, Kosovo, Liberia, and Egypt. This has led to a host of externally promoted programs and projects on law reform, constitutional development, judicial training, and security sector transformation. Through UN Security Council resolutions and other means of conditionality, the rule of law is not simply promoted in post-conflict and crisis settings, but it is also enforced. A failure to adhere to the rule of law can result in donors withholding funds and political support. The employment of the concept as a standard and condition in State-building has national consequences, both legal and political. Clarity in communication on the rule of law is of great importance. This book provides a critical analysis of past and current rule-of-law promotion, and it argues that, despite past experiences of development and technical assistance, rule-of-law reform in war-torn and crisis societies operates in an autonomous field where the best practices and the lessons learned are rarely, or only superficially, acknowledged. Furthermore, there is a need for a reorientation of rule-of-law assistance to the core values of the concept in order to retain its independent and 'analytical bite,' and to develop criteria that can guide reformers in the field. The book provides a comparative and systematic overview of how rule-of-law promotion has been put into effect, and it identifies the challenges and opportunities for enhancing and strengthening norms, ideologies, and methods for legal and judicial reform after war and crisis. (Series: Series on Transitional Justice - Vol. 7) *** "...Sannerholm's pithy volume is an excellent primer for those interested in international rule of law reform efforts in countries emerging from war or crisis. He harbors no illusions about the challenges that these reform efforts face, and his criticisms of such efforts to date are realistic and incisive....a welcome contribution to our understanding of the foundational importance of the rule of law and the immense challenges the international community faces in establishing it where it is absent." - NYU Journal of International Law and Politics, Vol. 45, Issue 3, 2013~

292 pages

Publication Date: 4/6/2012
Format: Cloth
ISBN: 9781780680088