Class Two:

Rule of Law in Post Conflict Societies

Thursdays 3:20-5:20

Prof: Louis M. Aucoin

Synopsis: This seminar provides students with a basic understanding of the various strategies and methodologies which have been used by international actors in promoting the rule of law in post conflict societies. It focuses on eight aspects of rule of law promotion: constitutional development, code reform, judicial reform, accountability for past abuses, fighting corruption, democratic policing, the use of local customary law, and the resolution of land, property, and housing disputes in the promotion of the rule of law. These eight aspects of rule of law promotion will be studied as strategies for the creation of the basic institutional framework strictly necessary for the maintenance of peace and the assurance of personal security in the immediate aftermath of conflict. The seminar will therefore study the establishment of basic institutional arrangements with a particular emphasis on the restoration/ reestablishment of the justice sector. Economic issues will be addressed only insofar as they relate to these issues.

These topics will be examined using a case study methodology. Afghanistan and Iraq will be the main cases in point, although the class will also take into consideration lessons learned from earlier international missions in East Timor and Kosovo, and in some areas students will study rule of law promotion in Rwanda, Haiti, and Lebanon as well. Students will study international efforts relating to each of the eight subject areas in each of these post conflict countries. The class discussion will involve critical analysis of the strategies and methodologies used in each subject area.