PrintThe Role of Non-State Justice Systems in Fostering the Rule of Law in Post-Conflict Societies
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Informal Dispute Resolution in Afghanistan
August 2010
In this Special Report USIP's Noah Coburn and John Dempsey examine the role of informal justice in Afghanistan and its relationship to state institutions. The report is based upon USIP pilot-projects, partner NGO reports, field-studies, and interviews with local and national government actors.
Looking for Justice: Liberian Experiences with and Perceptions of Local Justice Options.
November 2009
This USIP Peaceworks report provides the Liberian government and other stakeholders in the country with more robust evidence than has hitherto been available on how both formal and customary justice systems are perceived and utilized by Liberians. Also addressing what implications this evidence has for policy options regarding justice sector reform.
Customary Justice and Legal Pluralism in Post-Conflict and Fragile Societies
November 2009
USIP, George Washington University and the World Bank Justice for the Poor Program organized a conference on Customary Justice and Legal Pluralism in War-Torn Societies, that was held in Washington, DC.
In post-conflict societies, the formal justice system is generally weak and may lack legitimacy. Rule of Law is exploring how customary systems of justice can complement the state system, and is assisting three countries to develop an integrated approach to the issue.
This project aims to provide guidance to international and national policymakers on the potential role of customary justice systems in post-conflict environments. The project is examining such issues as the potential allocation of jurisdiction between formal and customary systems of justice, approaches to adapting customary practices that may contravene international human rights standards, possible limits and problems in the use of customary justice mechanisms, ramifications for the distribution of political and economic power, and the facilitation of dialogue and information-sharing between formal and informal systems.
The Non-State Justice project is conducted by the United States Institute of Peace and the Fletcher School of Law and Diplomacy, in collaboration with the Centre for Humanitarian Dialogue in Geneva. It is supported by a working group composed of practitioners and academics with diverse expertise in anthropology, law, human rights, and post-conflict reform.
Work on the volume of case studies and conclusions on the role of customary justice systems in post-conflict societies continues towards publication in 2009. In parallel, former senior Rule of Law Advisor Debbie Isser planned a conference to bring together donors and practitioners in the area of customary law to review practical experience and assess programming options. The conference took place in November 2009.
In addition, the Rule of Law program is conducting operational activities and providing technical assistance in specific post-conflict environments grappling with these issues.
Non-State Justice in Sudan
Under the terms of the recent peace agreement for Sudan, customary law will dominate in south Sudan and numerous questions remain to be addressed as to how this system will be organized and how it will interact with the legal system in the north of the country.
The USIP Non-State Justice project is devoting particular attention to this case and will seek to assist the development of solutions to these questions that will contribute to the rule of law and stability in the country.
Non-State Justice in Afghanistan
A study of the non-state justice system in Afghanistan and its utility in administering post-conflict justice is currently in progress, based on the work of a three-member team of experts.
While the state justice system in Afghanistan is far weaker in most of the country than its tribal and traditional mechanisms of justice, efforts by Afghan officials and the international community have focused exclusively on the state system, which will have very limited capacity over the next few years.
Non-State Justice in Liberia
USIP’s project on non-state justice systems in Liberia is working to develop policy options for expanding the rule of law and consolidating peace over the next decade in ways that account for the role of informal legal systems and local understandings of justice. The project’s key components include: mapping dispute resolution in practice; analysis of the legal framework governing customary law; and legal and policy reform.