In a nation-building operation, outside states invest much of their resources in establishing and maintaining the host country's police, internal security forces, and justice system. This book examines post-Cold War reconstruction efforts, such as those in Iraq and Afghanistan, and assesses the success of U.S. and allied efforts in reconstructing internal security institutions.

Annotation. In a nation-building operation, outside states invest much of their resources in establishing and maintaining the host country's police, internal security forces, and justice system. This book examines post-Cold War reconstruction efforts, such as those in Iraq and Afghanistan, and assesses the success of U.S. and allied efforts in reconstructing internal security institutions.

This volume presents the research analysis of a range of scholars and experts on post conflict peacebuilding and international law from a variety of perspectives and missions. The selected essays show that peacebuilding, like the concept of peacekeeping, is not specifically provided for in the UN Charter. They also demonstrate that the record of peacebuilding, like that of peacekeeping, is varied and while both concepts are intrinsically linked, neither lends itself to precise definition. The essays consider the historical approaches to peacebuilding such as the role played by the UN in the Congo in the early 1960s and the work of the United States and its allies in rebuilding Germany and Japan in the aftermath of World War II. Finally, essays consider the major challenge for contemporary peacebuilding operations to make international administrations accountable and to ensure the involvement of the international community in helping rebuild communities and prevent the resurgence of violence.

The concept of international administrations of territory, in which comprehensive administrative powers are exercised by, on behalf of or with the agreement of the United Nations has recently re-emerged in the context of reconstructing (parts of) states after conflict. Although in Kosovo and East Timor, the UN was endowed with wide-ranging executive and legislative powers, in the subsequent operations in Afghanistan it was decided, to principally rely on local capacity with minimal international participation, and in Iraq, administrative power was exercised by the occupying powers. The objectives are however very similar. This work first delineates the origins of the granting of administrative functions to international actors, and analyses the context in which it has resurfaced, namely post-conflict peace-building or reconstruction. Secondly, the book methodically establishes the legal framework applicable to post-conflict administrations and peace-building operations, by taking into account the post-conflict scenario in which they operate. Based on these two analyses, an enquiry into the practice of the reconstruction processes in Kosovo, East Timor, Afghanistan and Iraq is undertaken, to analyse and understand the influence of the international legal framework and the different approaches on the implementation of the mandates. Finally, the book concludes with an analysis of questions on exit strategies, local ownership, the internationalisation of domestic institutions, and the need for a comprehensive approach towards post-conflict reconstruction.

Eduardo Wassim Aboultaif critically analyzes civil–military relations and the way armies are constructed in divided societies. To achieve that, the book looks at four case studies with deep divisions and whose armed forces have been reconstructed after civil wars. Lebanon and Bosnia-Herzegovina represent two examples of consociational power-sharing arrangements with functioning armed forces that enjoy wide popular support and neutral in internal affairs. Iraq and Burundi, however, have semi-consociational provisions that have politicized the army and made it a partisan military that has either led to disintegration (as in the case of Iraq) or politicization and loss of legitimacy (as in Burundi).

The rule of law is a political ideal today endorsed and promoted worldwide. Or is it? In a significant contribution to the field, Nick Cheesman argues that Myanmar is a country in which the rule of law is 'lexically present but semantically absent'. Charting ideas and practices from British colonial rule through military dictatorship to the present day, Cheesman calls upon political and legal theory to explain how and why institutions animated by a concern for law and order oppose the rule of law. Empirically grounded in both Burmese and English sources, including criminal trial records and wide ranging official documents, Opposing the Rule of Law offers the first significant study of courts in contemporary Myanmar. It sheds new light on the politics of courts during dark times and sharply illuminates the tension between the demand for law and the imperatives of order.