Customary justice and the rule of law in war-torn societies
By: Deborah Isser, editor
Publisher: United States Institute of Peace Press
Published: 2011
Place of publication: Washington, D.C
Language: eng
Number of pages: 386
ISBN-13: 9781601270665
Subjects: Restorative justice; Customary law; Civil wars; Postwar reconstruction
Description: "Customary Justice and the Rule of Law in War-Torn Societies presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases--Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan--examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country"--Provided by publisher.
Notes: Includes bibliographical references and index.
Table of contents: title: Dilemmas of articulation in Mozambique : customary justice in transition / Stephen Lubkemann, Helene Maria Kyed, and Jennifer Garvey; title: Mayan law in post-conflict Guatemala / Jan Hessbruegge and Carlos Fredy Ochoa Garcia; title: Local-level justice under transitional administration : lessons from East Timor / Tanja Chopra, Christian Ranheim, and Rod Nixon; title: The clash of two goods : state and nonstate dispute resolution in Afghanistan / Thomas Barfield, Neamat Nojumi, and J. Alexander Thier; title: Unintended consequences : constraint of customary justice in post-conflict Liberia / Stephen Lubkemann, Deborah Isser, and Philip A. Z. Banks III; title: Tribal customary law and legal pluralism in al Anbar, Iraq / Patricio Asfura-Heim; title: Customary law in the cross fire of Sudan's war of identities / Francis M. Deng.