About the Program: Rule of Law: U.S. Institute of Peace

"Societies based on...the rule of law are prerequisites for...the lasting order of peace, security, justice, and cooperation."
- Conference on Security and Cooperation In Europe (1990)

Research suggests that societies based on the rule of law are more likely to be stable democracies and contribute to international order and less likely to be sources of conflict than other states. Since its inception, the Institute has devoted increasing attention to the relationship between types of governments and the prospects for long-term peace or conflict. To focus its work in this arena the Institute's Rule of Law Program works to assist institutions and processes that will best bring about law-based management of international conflict and a sense of justice. The program is based on the premise that adherence to the rule of law entails far more than the mechanical application of static legal technicalities; it requires an evolutionary search for those institutions and processes that will best bring about authentic stability through justice.

Over the years the Institute's Rule of Law Program has worked on numerous projects ranging from international war crimes issues to legal issues related to the protection of human rights around the globe. To provide a quick overview of some of the work of the Institute's Rule of Law Program, a brief sampling of some of the program's recent activities and accomplishments is included below.

For additional information about the work of the Rule of Law Program please send an e-mail to ruleoflaw@usip.org.

Through a combination of working groups, on-the-ground consultation, and special workshops, the Rule of Law Program seeks to build upon and refine principles on the rule of law articulated by various international bodies and to provide practical guidance for their implementation.

A Look at the Institute in Action:

Building a Foundation for Law and Order in Afghanistan. Within days of the start of military action against the Taliban regime, the Institute took the lead in facilitating discussion among legal experts to explore the challenges of the administration of justice in post-conflict Afghanistan. At the request of the United Nations, the Institute developed a series of proposals for use at the Bonn negotiations between Afghanistan's warring ethnic and political factions. One provision of the subsequent Bonn Accords, regarding the establishment of a framework for reorganizing the interim legal system, was based directly on Institute recommendations. In addition, the Institute's Rule of Law Program at the request of the U.S. State Department also facilitated the compilation, translation, production, and distribution of 1,000 copies of Afghanistan's pre-war law and legal codes—copies of which had been systematically destroyed throughout the nation by the Taliban.

Supporting the Effective Administration of Justice in Peacekeeping Operations. As part of its ongoing work on peacekeeping and the administration of justice, the Institute's Rule of Law Program in June 2003 co-sponsored a special three-day conference on post-conflict justice systems. Held in Geneva in partnership with the UN Office of the High Commission for Human Rights and the Irish Centre for Human Rights, the conference was attended by leading international law experts from around the globe—including judges, prosecutors, defenders, human rights experts, and other legal scholars from 24 different countries. At the conclusion of the conference, participants presented the acting UN high commissioner for human rights with groundbreaking draft legislation for use in international peacekeeping operations. Included in the model legislation was a penal code and code of criminal procedure designed to be used by peace support missions as they attempt to restore peace and order.

To help nations peacefully transition into law-based societies, the Institute of Peace has developed knowledge, analysis, and practical tools that have been used to promote post-conflict reconciliation in over 50 countries. In particular, the need to deal with the legacy, personnel, and victims of war-time atrocities and abuses committed by the former regime has proved to be a consistently daunting dilemma. To assist societies dealing with these complex issues the Institute's Rule of Law Program has actively explored questions of prosecution, amnesty, victims' compensation, and the use of historical or "truth" commissions as a tool for societal healing. Recognized as a leader around the world in issues related to post-conflict reconciliation and transitional justice, the Institute has consulted and worked with over 20 different nations across the globe. Notable examples of this work include practical guidance provided by the Institute to officials seeking to re-establish legal order and bring to account human rights violators in countries such as South Africa, Afghanistan, Bosnia, Rwanda, and Sierra Leone.

A Look at the Institute in Action:

Assisting Reconciliation in Rwanda. Since 1994 the Institute has sought to establish justice and accountability and to help rebuild stable social foundations in the wake of the bloody ethnic strife that consumed Rwanda during the early 1990s. Since 1995, at the request of the Rwandan president, the Institute's Rule of Law Program has played a key role in developing detailed plans to handle the complex challenges of accountability and justice in Rwanda without the resort to further violence. Over the years the Institute has maintained close ties with Rwanda, consulting in the ongoing pursuit of post-genocide justice, advising the U.S. government on assistance issues, consulting with the country's constitutional commission, and playing a central role in planning for the overhaul of the Rwandan judiciary.

Understanding Accountability. In 2000 at the request of the U.S. Department of State, the Institute's Rule of Law Program assembled members of the Indonesian cabinet and the national Human Rights Commission along with non-governmental organization (NGO) leaders from the Indonesian provinces of Aceh and Irian Jaya, senior members of the Indonesian military, and legal experts from Argentina, Chile, El Salvador, South Korea, and South Africa to examine the challenges of accountability in evolving democracies. Capped off by a special address by Nobel Peace Prize winner Archbishop Desmond Tutu, the workshop provided a valuable opportunity for participants to share lessons learned and discuss strategies for dealing with challenges related to justice and reconciliation.

For additional information about the work of the Rule of Law Program please send an e-mail to ruleoflaw@usip.org.