Rule of Law

The Role of Non-State Justice Systems in Fostering the Rule of Law in Post-Conflict Societies

 Non-State Justice in Sudan |  Non-State Justice in Afghanistan |  Non-State Justice in Liberia

In post-conflict societies, the formal justice system is generally weak, may lack legitimacy, and often serves only a small portion of the population. Even with international aid and personnel, expanding the capacity and quality of the system generally takes several years. Various systems of non-state customary law often survive conflict far more intact than the formal courts, however, and may be in a position to play a vital complementary role in providing justice and a non-violent means for resolving disputes during the post-conflict phase. International actors have tended to ignore these customary systems in evaluating and administering post-conflict justice, as they are often inaccessible, controversial, and at times contravene international standards.

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. Case studies have been conducted on Afghanistan, Burundi, East Timor, Guatemala, Liberia, Mozambique, Papua New Guinea, Sierra Leone, Somalia, and Sudan. Conclusions, recommendations, and policy guidance will be published with the case studies by USIP Press in 2007.

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.