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This path-breaking volume fills a major gap in the literature on efforts to rebuild societies emerging from conflict. Drawing on firsthand experience in tackling organized and other destabilizing crime in Kosovo, Bosnia, Afghanistan, Iraq, and elsewhere, it distills that practical, hard-won knowledge into lessons and guidance for policymakers and practitioners who must face similar challenges. No similar work exists anywhere.
"Serious crimes" include any and all criminal acts that threaten post-conflict security, hinder political and economic reconstruction, or undermine public trust in nascent criminal justice institutions. From money laundering to murder, drug trafficking to terrorism, these crimes flourish where governments are impotent or officials are themselves complicit in illegal activities. Their impact on post-conflict societies of all types can be profoundly damaging--but they can be dealt with.
More than forty seasoned practitioners--judges and generals, prosecutors and human rights activists, scholars and government officials from across the world--participated in the discussions that generated the broad guidelines and more specific prescriptions presented in this handbook. Each of its chapters covers a different area of activity--initial assessment, reform of the legal framework, institutional reform, investigation and prosecution of serious crimes, and foreign assistance--providing not only general guidance but also real-life examples to illustrate the importance of adapting to local circumstances.
Easy to read and easy to use, with checklists and sidebars supplementing the succinct text, Combating Serious Crimes will be greatly appreciated by governments, international and regional organizations, and foreign assistance providers throughout the world. The police, judges, prosecutors, defense counsel and peacekeepers who address serious crimes on a day-to-day basis in post-conflict states will likewise find the book invaluable.
The change in the patterns and nature of deadly conflicts since the end of the Cold War has spurred many organizations in and outside governments to develop robust strategies to anticipate, prevent, and respond to these conflicts. Conflict analysis is the critical
first step toward meeting these objectives.
Conflict Analysis: Understanding Causes, Unlocking Solutions is a guide for practitioners seeking to prevent deadly conflict or mitigate political instability. Governments, nongovernmental organizations, and businesses operating in conflict zones will find this volume to be a practical, accessible reference for understanding and communicating persuasively about threats of organized violence. This handbook integrates theory and practice and emphasizes the importance of analyzing the causes of peace as well as the causes of conflict. It stresses that conflict analysis is a social as well as an intellectual process, helping practitioners translate analysis into effective action.
To illustrate key points, Levinger draws on both historical and contemporary cases, including the Cuban missile crisis, the Israeli-Palestinian conflict, the Yugoslav wars of secession, the Rwandan genocide, the 9/11 attacks, and the Iraq and Afghanistan wars. Part I examines contemporary global conflict trends, perspectives on the causes of conflict and peace, and quantitative models for early warning and risk assessment. Part II provides practitioners with a menu of analytical tools for systematically assessing causes and potential trajectories of deadly conflicts. Part III focuses on the role of conflict analysis in decision making and program implementation, including the social dimensions of conflict analysis.
The analytical tools in this volume illuminate emerging trends in complex, volatile, and ambiguous environments and will enable practitioners to anticipate and respond with greater agility to threats and opportunities.
In practically all the peacekeeping operations of the 1990s, a postconflict reconstruction gap of almost one year separates the end of military peacekeepers' mission of halting mass violence from the start of removing mines as well as rebuilding and repairing the host country's physical infrastructure: roads and bridges, public utilities, and buildings.
In this timely work, Colonel Garland Williams analyzes the postconflict reconstruction gap in three case studies—Bosnia, Kosovo, and Afghanistan—and shows how military engineering brigades accompanying peacekeeping contingents can be put to use immediately after the conflict ends to restore vital infrastructure and social institutions. In the book's concluding chapter, Williams proposes changes in U.S. national security decision making to integrate military engineering brigades into postconflict reconstruction, thus making U.S. military officials less wary of “mission creep” and nation-building.
Analyzing nineteen cases, Framing the State in Times of Transition offers the first in-depth, practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms. Thirty researchers with a combination of direct constitution-making experience and academic expertise present examples of constitution making in the contexts of state building and governance reform across a broad range of cultures, political circumstances, and geographical regions.
The case studies focus equally on countries emerging from conflict and countries experiencing other types of transitions—a move from autocratic rule to democracy, for example—or periods of institutional crisis or major governance reform. Recognizing that there are no one-size-fits-all formulas or models, this volume illuminates the complexity of constitution making and the procedural options available to constitution makers as they build states and promote the rule of law.
Contributors: Andrew Arato • Louis Aucoin • Andrea Bonime-Blanc • Michele Brandt • Allan R. Brewer-Carías • Scott N. Carlson • Jill Cottrell • Hassen Ebrahim • Donald T. Fox • Thomas M. Franck • Gustavo Gallón-Giraldo • Zofia A. Garlicka • Lech Garlicki • Yash Ghai • Vivien Hart • Stephen P. Marks • Zoltán Miklósi • Laurel E. Miller • Jonathan Morrow • Muna Ndulo • James C. O’Brien • Keith S. Rosenn • Bereket Habte Selassie • Anne Stetson • J Alexander Thier • Arun K. Thiruvengadam • Aili Mari Tripp • Lee Demetrius Walker • Marinus Wiechers • Philip J. Williams
As the United States and NATO prepare to withdraw their troops from Afghanistan in 2014, the question remains as to what sort of political settlement the Afghanistan government and the Taliban can reach in order to achieve sustainable peace. If all parties are willing to strike a deal, how might the negotiations be structured, and what might the shape of that deal be? Getting It Right in Afghanistan addresses the real drivers of the insurgency and how Afghanistan's neighbors can contribute to peace in the region.
A recurring theme throughout the volume is the complex, multiactor conflict environment in Afghanistan and the resulting need for more inclusive political arrangements. The first set of chapters focus on internal political dynamics and Afghan political actors' views on a peace process. The second section covers Afghanistan's neighbors and their role in shaping the country's internal politics. Efforts to date to implement a peace and reconciliation process for Afghanistan are covered in the final section. Taken together, the book conveys the complexity and challenge of building an enduring and stable political consensus in Afghanistan's fragmented environment.
Since beginning work in Afghanistan in 2002, the U.S. Institute of Peace (USIP) has been informing policy through accurate, clear analysis of the conflict that could shape a negotiated settlement. Comprising a collection of its analysis from 2002 to the present, Getting It Right in Afghanistan offers valuable insights to the policymakers charged with developing a new course of action for contributing to peace in Afghanistan and regional stability.
Peace, stability, and humanitarian operations typically involve the interaction of international organizations (IOs), nongovernmental organizations (NGOs), the U.S. government, and the U.S. military. The Institute’s highly successful Guide to IGOs, NGOs and the Military in Peace and Relief Operations, which was based on peace operations in the Balkans following the Cold War, has been instrumental in facilitating interaction between IOs, NGOs, and the military. The revised Guide for Participants in Peace, Stability, and Relief Operations is updated to reflect lessons learned from operations that have occurred since 2000, particularly in Iraq, Afghanistan, and areas affected by the 2004 Asian tsunami.
This invaluable guide provides short scenarios of typical international involvement in peace missions, natural disasters, and stability operations, as well as an introduction to the organizations that will be present when the international community responds to a crisis. Equally valuable are descriptions of the roles of the United Nations and other international institutions, NGOs, the U.S. military, and U.S. government civilian agencies, which were added because of their increased role in these operations.
Although the guide is particularly useful for those serving in the field because it is designed to fit easily into a pocket or backpack and has a durable cover, it will also help headquarters personnel to understand the structure and roles of other organizations. A unique educational resource, the guide will be useful for many who are not in the field, including military and agency trainees and university students.
The steering committee for this volume includes: Colonel John F. Agoglia, U.S. Army Peacekeeping and Stability Operations Institute; Christopher J. Hoh, U.S. Department of State; Dawn Calabia, UN Information Center; Roy Williams, The Center for Humanitarian Cooperation; Karen Guttieri, U.S. Naval Postgraduate School.
Guiding Principles for Stabilization and Reconstruction presents the first-ever, comprehensive set of shared principles for building sustainable peace in societies emerging from violent conflict. The manual serves as a tool for U.S. government civilian planners and practitioners engaged in stabilization and reconstruction (S&R) missions and is a valuable resource for international actors and nongovernmental organizations.
Today, civilian actors operate without the support of any unifying framework or common set of principles to guide their actions in these complex environments. As global demand for these missions continues to rise, this gap will impede the cooperation and cohesion that is needed across the peacebuilding community to ensure success of any S&R mission. Guiding Principles seeks to fill this gap by providing:
• an overarching strategic framework for S&R missions based on a construct of End States, Conditions and Approaches.
• a comprehensive set of shared principles and processes, distilled from the wealth of lessons that have emerged from past S&R missions.
A product of the collaboration between the United States Institute of Peace and the Peacekeeping and Stability Operations Institute, this manual reflects the input of dozens of institutions across the peacebuilding community providing a comprehensive review of major strategic policy documents from state ministries of defense, foreign affairs and development, along with major intergovernmental and nongovernmental organizations that toil in war-shattered landscapes around the globe.
Since independence, African states have struggled under the burden of European models of governance. Hobbled by these alien frameworks, countries have limped from crisis to crisis, unable to establish their democratic legitimacy or to quell the secessionist demands of marginalized minorities. In this innovative and stimulating volume, Francis Deng outlines a new relationship between governments and societies—a relationship informed by Western concepts but based on traditional African values such as respect for human dignity, equality, and self-rule.
Francis Deng, a distinguished scholar and world-renowned diplomat, interweaves legal and cultural anthropology, constitutional law, political science, and a practitioner’s pragmatism as he dissects current dilemmas and devises feasible solutions. At the heart of the volume are two key concepts: constitutionalism as an evolving system of laws, norms, practices, and institutions; and self-determination as both an expression of identity and a tool for conflict prevention and resolution. These two ideas, argues Deng, can help Africans resolve the tension between ethnic diversity and national identity.
This edited volume by Karen Guttieri and Jessica Piombo explores various aspects of the newly emerging range of interim regimes, focusing on issues of legitimacy, conflict management, and the increasing participation of the international community in transitions from war to peace. Through a set of theoretical and case-study chapters, they and the volume’s contributing authors ask and answer key questions: What sorts of interim governments are in use around the world today, and how do they affect the quality of regime that results once the interim period has ended? How does international involvement affect the balance of power between domestic elites? How does the type of interim regime affect the nature of the post-transition government? Is democracy always the outcome?
Timely, insightful, and compelling, Interim Governments provides important insights in a world where terms such as “regime change” and “nation building” have become common currency and will be a valuable tool for practitioners and academics alike.
Volume II of Model Codes for Post-Conflict Criminal Justice continues the path-breaking work of volume I, providing an indispensable resource for those striving to reestablish the rule of law in societies recently wracked by violent conflict.
Of unparalleled breadth, depth, and authority, the Model Codes for Post-Conflict Criminal Justice is a criminal law reform tool tailored to the needs of countries emerging from conflict. Its three volumes present four complete legal codes that national and international actors can use to create, overhaul, update, or plug gaps in the criminal laws in individual post-conflict states. Each volume offers not only substantive legal provisions but also expert commentary that explains wording choices, elaborates on the content of the provisions, and highlights associated considerations and reforms.
Volume II lays out a comprehensive Model Code of Criminal Procedure that details the rules and procedures that govern the investigation and adjudication of a criminal case. Divided into sixteen chapters, the code covers everything from the rights of the accused and the treatment of victims to witness protection and juvenile justice, from the investigation of a criminal offense to arrest, indictment, trial, appeals, international cooperation, and extradition.
The Model Codes for Post-Conflict Criminal Justice is the culmination of a six-year project spearheaded by the United States Institute of Peace and the Irish Centre for Human Rights, in collaboration with the UN Office of the High Commissioner for Human Rights and the UN Office on Drugs and Crime. Some three hundred experts and practitioners from across the world were involved in the drafting, vetting, and revision of the provisions and their commentaries. This enormous breadth of expertise has allowed the Model Codes to draw on lessons learned in a variety of post-conflict states and from the laws of a remarkable variety of the world’s legal systems and traditions.
—Each copy of this volume contains a CD of the book.