“Brilliantly structured, this important book provides a realistic, honest, and original analysis of the tension between universal human rights and customary justice in post-conflict societies. It argues, persuasively, that customary justice systems should not be rejected simply because they do not conform to idealistic visions of the rule of law. Each of its seven case studies offers an outstanding contextual analysis that elucidates the critical roles that informal justice can play in strengthening legal institutions.”
Julio Faundez, professor of law, Warwick University


“This volume features an incredible amount of historical and descriptive detail. Indeed, each chapter reads like a mini-treatise on the topic of law in each country or region.”
Mark Goodale, author of Surrendering to Utopia: An Anthropology of Human Rights


“Inspired by the theory of legal pluralism, the seven case studies in Customary Justice examine empirical research material collected from societies in Africa, Asia, and Latin America to grasp local justice, its perception, and its contribution to achieve accepted solutions to conflicts. The book addresses the complex legal realities that are not included in conventional law books, case law, and statutes. Customary Justice contributes to a better intercultural anthropological jurisprudence, and offers action-oriented recommendations in its concluding chapter.”
Manfred Hinz, professor, faculty of law, University of Namibia

 
“This work represents possibly the most important contribution of the past decade for practitioners and policymakers seeking to leverage international rule of law assistance into long term institutional and societal strength. These case studies provide a wealth of insight and applicability in other contexts where billions will be spent and blood spilt in the hopes of reinvigorating accessible and legitimate systems of justice and accountability. Beginning with the truism that communities define justice through their own prism of cultural norms, social experience, and historical reality, these essays provide pragmatic details for those seeking to attain authentic justice that serves affected populations and supports the ends of societal stability. This volume might well be seen as the raison d’être for the  U.S. Institute of Peace. It is a source of guidance for future efforts to navigate the recurring tension between traditional approaches with deeply rooted legitimacy and more formalized systems designed to advance an entrenched rule of law compliance needed to sustain lasting peace.”
Michael A. Newton, professor of the practice of law, Vanderbilt University Law School


“Efforts at law and development have proven extremely difficult under favorable circumstances, and all but impossible in postconflict situations. Yet development organizations have continued to apply the same tried and failed formulas that focus exclusively on building state legal institutions. Customary Justice and the Rule of Law in War-Torn Societies takes a different approach. The contributions to this collection recognize that customary forms of law often function quite effectively to serve local needs. Each chapter provides a detailed and comprehensive case study that examines customary systems, state legal systems, and their interaction, noting the strengths and weaknesses of each, and closes with a set of practical recommendations. This fascinating book exhibits a great deal of insight and offers sound advice from scholars and practitioners with years of experience in the field. It is a must read for anyone interested in legal development.”
Brian Tamanaha, Washington University Law School

Latest Publications

What a Transitional Government in Haiti will Require to Succeed

What a Transitional Government in Haiti will Require to Succeed

Thursday, March 28, 2024

By: Nicolás Devia-Valbuena;  Keith Mines

After weeks of consultations, and amidst a near total breakdown of law and order in Haiti, a Caribbean Community (CARICOM)-led effort to create a new transitional governing council may be nearing completion. The council’s establishment would allow for the entry of a multinational security force that would then be able to join with the Haitian National Police and restore order. Some have suggested the inclusion of “enablers” for the new security force — air support, drones, intelligence. But to gain the trust of the Haitian people, the new governing council will need its own popular “enablers,” a systematic way to include many more sectors of Haitian society that are currently ignored or deliberately excluded from governance.

Type: Analysis

Global Policy

Promoting Peace and Stability in the Americas through Religious Freedom

Promoting Peace and Stability in the Americas through Religious Freedom

Thursday, March 28, 2024

By: Knox Thames

The Western Hemisphere is generally known for protecting freedom of religion or belief. With a few notable exceptions, the countries of the region all enshrine religious freedom at the constitutional level and protect it through laws and policies. But in recent years, authoritarian governments in South America have increasingly viewed religious actors as threats to their regime’s survival and tried to control or crush independent religious activity.

Type: Analysis

Religion

Moscow Concert Hall Attack Will Have Far-Reaching Impact

Moscow Concert Hall Attack Will Have Far-Reaching Impact

Wednesday, March 27, 2024

By: Mary Glantz, Ph.D.;  Gavin Helf, Ph.D.;  Asfandyar Mir, Ph.D.;  Andrew Watkins

On Friday, terrorists attacked the Crocus City Hall outside Moscow leaving 140 people dead and 80 others critically wounded. Soon after, the Islamic State claimed responsibility for the attack. The terrorist group, which is headquartered in Iraq and Syria, has several branches, including in South and Central Asia. Press reports suggest the U.S. government believes the Afghanistan-based affiliate of the Islamic State, ISIS-Khorasan (ISIS-K), was behind the attack. The Biden administration has publicly noted that it had warned the Russian government of the terrorism threat in early March in line with the procedure of “Duty to Warn.”

Type: Analysis

Global Policy

What Does the U.N. Cease-Fire Resolution Mean for the Israel-Gaza War?

What Does the U.N. Cease-Fire Resolution Mean for the Israel-Gaza War?

Tuesday, March 26, 2024

By: Robert Barron

On March 25, the United Nations Security Council (UNSC) passed Resolution 2728, calling for an “immediate” cease-fire in Gaza. The motion’s passage came after weeks of back and forth and posturing among the UNSC’s permanent and rotating members. The exact phrasing of the resolution and its relevance to the situation on the ground, as well as bilateral and multilateral relations — particularly U.S.-Israel ties — have been the subject of heavy public and media attention since Monday, raising questions about the resolution’s subtext, intent and limitations. USIP’s Robert Barron looks at these questions.

Type: Question and Answer

Global PolicyPeace Processes

Angela Stent on the Terror Attack in Moscow

Angela Stent on the Terror Attack in Moscow

Monday, March 25, 2024

By: Angela Stent

While ISIS has claimed responsibility for the devastating terror attack in Moscow, Putin has baselessly tried to shift the blame to Ukraine, says USIP’s Angela Stent: “[Putin] wants to use this to increase repression at home … and also to pursue a more aggressive path in Ukraine.”

Type: Podcast

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