International Law and Post-Conflict Reconstruction Policy

Description

The trend for international engagement in post-conflict reconstruction has produced a host of best-practice postulates on topics such as local involvement in decision-making, accountability for past atrocities, sensitivity to context, and the construction of democratic institutions of governance. International law has potential relevance for many of these themes, yet the question of how the implementation of best-practice policy recommendations might be affected by international law remains under-examined. This book offers a fuller understanding of the role of international law in the practice of post-conflict reconstruction. It explores how international legal issues that arise in the post-conflict period relate to a number of strands of the policy debate, including government creation, constitution-making, gender policy, provision of security, justice for past atrocities, rule of law development, economic recovery, returning displaced persons, and responsibilities of international actors. The chapters of the book work to reveal the extent to which international law figures in the policy of internationally enabled post-conflict reconstruction across a range of sectors. They also highlight the scope for international law to be harnessed in a more effective manner from the perspective of the transition to peace and stability. The book lays out a basis for future policy making on post-conflict reconstruction; one that is informed about the international legal parameters, and more aware of how international law can be utilized to promote key objectives. Cover Title Copyright Dedication Contents Acknowledgments Note on the editors and contributors Table of cases Table of domestic legal materials Table of treaties, resolutions, general comments and general recommendations 1 Introduction PART I Foundational issues 2 International law and the identification of an interim government to lead post-conflict reconstruction 3 The exercise of governance authority by international organisations: The role of due diligence obligations after conflict 4 Practicing women, peace and security in post-conflict reconstruction 5 Tailoring justice for mass atrocities: The constraints of international law and the ICC’s complementarity regime PART II Reform issues 6 Constitution making and post-conflict reconstruction 7 The international rule of law as trumps: Do international criminal trial responsibilities impede realisation of domestic rule of law priorities? 8 Security sector reform for human security: The role of international law and transitional justice in shaping more effective policy and practice 9 Economic self-determination in post-conflict reconstruction: The case study of Timor-Leste PART III Administration 10 Media in post-conflict transitions: Balancing protection against violence and freedom of expression 11 Legal empowerment and liberal-local peace-building 12 From IDPs to victims in Colombia: A bottom-up reading of law in post-conflict transitions 13 Law and policy on post-conflict restitution 14 Conclusion: Towards a fuller understanding of the foundations, practice, and future of the role of international law in post-conflict reconstruction policy Index