Rule of Law in Civilian Military Stability Operations:
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Rule of Law in Civilian Military Stability Operations:
A Review of the Literature PSOTEW 25 Mar 2014
Issued Identified in The Literature Lack of support from military commanders for military and civilian rule of law activities. Not providing security, transportation, or other resources required. Need to develop civilian agency capacity to conduct rule of law activities in stabilization actions. Need for civilian agency practitioners and military rule of law practitioners to coordinate and work together to achieve common goals.
Issues (continued) Lack of a coherent strategy for conducting rule of law programs. Inadequate understanding of the operational environment for rule of law activities. Importance of Host Nation Engagement and Building Rule of Law Culture
Issues (continued) Access to Justice, Accountability and Amnesties Transitional Justice Conflicts and inefficiencies resulting from different organizational cultures in civilian agencies and military organizations.
Issues (continued) Who is in charge? Determining lines of civilian agency and military authority. Inability to articulate how rule of law activities and goals contribute directly to the overall objectives of the military engagement and the overall policy objectives of the US Government. Need for civilian-military integration, beyond comprehensive and/or whole of government approach to address rule of law and stability operations.
Issues (continued) Inadequate funding for civilian and military rule of law operations. Need for crosscutting and holistic approach to rule of law, security and related operations, as opposed to "cylinders of excellence.” Need for some sort of organizational structure for identifying, training and deploying rule of law experts.
Issues (continued) Most authors assume that civilian agencies are more suited for doing rule of law activities in stability operations than are military personnel or organizations. Most authors focus primarily on operational environments found in late Iraq and Afghanistan, with little consideration for requirements in future conflicts. In particular, there is little consideration for requirements in the event of major ground combat operations triggering occupation responsibilities under the Hague Regulations and the Geneva Civilians Convention.
Comments/Input?
Dave Gordon DAVID.GORDON@GDIT.COM DSGORDON@HARGRAY.COM (704) 491-0023