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  • Author: Annie Pforzheimer, Andrew Hyde, Jason Criss Howk
  • Publication Date: 03-2021
  • Content Type: Special Report
  • Institution: United States Institute of Peace
  • Abstract: Failure to plan realistically for needed changes in Afghanistan’s security sector following a peace settlement—and failure to start phasing in changes now—will lead to post-settlement instability. This report examines the particular challenges Afghanistan will face, with examples from the climate following peace settlements in other parts of the world offering insight into what may occur and possibilities for response. An Afghan-owned and Afghan-led strategy that incorporates some of this report’s recommendations can help create a lasting foundation for Afghan and regional stability.
  • Topic: Security, Political stability, Rule of Law, Peace, Justice
  • Political Geography: Afghanistan, South Asia
  • Author: Umar Mahmood Khan, Rana Hamza Ijaz, Sevim Saadat
  • Publication Date: 04-2021
  • Content Type: Special Report
  • Institution: United States Institute of Peace
  • Abstract: When Pakistan’s Federally Administered Tribal Areas were officially merged into Khyber Pakhtunkhwa Province in May 2018, the five million residents of the former tribal areas acquired the same constitutional rights and protections—including access to a formal judicial system—as Pakistan’s other citizens. This report, based on field research carried out by the authors, explores the status of the formal justice system’s expansion, finding both positive trends and severe administrative and capacity challenges, and offers recommendations to address these issues.
  • Topic: Security, Rule of Law, Justice, Tribes
  • Political Geography: Pakistan, South Asia
  • Author: Miroslava Pěčková
  • Publication Date: 07-2020
  • Content Type: Special Report
  • Institution: Europeum Institute for European Policy
  • Abstract: The results of Slovak presidential and European elections in 2019 indicated a political change in Slovakia, distancing itself from a twelve year-long dominance of ruling party SMER, which got embroiled in many corruption scandals throughout its reign. Firstly, the presidential elections in March 2019 appointed Zuzana Čaputová to President, defeating SMER´s candidate Maroš Šefčovič. She took hold of the office as an explicit advocate for multilateralism, anticorruption and a more liberal direction for the country, stating that her “main focus is to bring about change in Slovakia, and for Slovakia to be a reliable and predictable partner of the European Union”, while having an “inspirational effect” to other European countries in this regard1. Secondly, two months later, the coalition PS-SPOLU (whose former vice-president is Čaputová) noticeably won the elections to the European Parliament, with its programme promising a “real European Slovakia” and an intention to actively participate in the EU´s development and unity2. The coalition´s success marked another election lost by SMER in a row and subsequently offered the possibility of further political upheaval in the upcoming elections. The composition of the new government coalition arising from the 2020 Slovak parliamentary elections confirmed the change of political leadership in the country, thus bringing a potential for change as it consists of the parties of previous opposition and defined itself against its predecessor. This paper will analyse the new government´s programme and policies specifically pertaining to rule of law and green transformation vis-à-vis their feasibility in the context of contemporary developments. The COVID-19 pandemic influenced the beginning of the rule of the new government and is going to affect the real shape of its original political plans and reforms due to significant impact on Slovak economy. Moreover, the paper will reflect if these developments are likely to be significant in the Visegrad 4 context.
  • Topic: Politics, Elections, European Union, Rule of Law, COVID-19
  • Political Geography: Eurasia, Eastern Europe, Czech Republic, Slovakia
  • Author: Christopher Hartwell, Kateryna Karunska, Krzysztof Głowacki, Maria Krell
  • Publication Date: 11-2020
  • Content Type: Special Report
  • Institution: Center for Social and Economic Research - CASE
  • Abstract: The rule of law, by securing civil and economic rights, directly contributes to social prosperity and is one of our societies’ greatest achievements. In the European Union (EU), the rule of law is enshrined in the Treaties of its founding and is recognised not just as a necessary condition of a liberal democratic society, but also as an important requirement for a stable, effective, and sustainable market economy. In fact, it was the stability and equality of opportunity provided by the rule of law that enabled the post-war Wirtschaftswunder in Germany and the post-Communist resuscitation of the economy in Poland. But the rule of law is a living concept that is constantly evolving – both in its formal, de jure dimension, embodied in legislation, and its de facto dimension, or its reception by society. In Poland, in particular, according to the EU, the rule of law has been heavily challenged by government since 2015 and has evolved amid continued pressure exerted on the institutions which execute laws. More recently, the outbreak of the COVID-19 pandemic transformed the perception of the rule of law and its boundaries throughout the EU and beyond (Marzocchi, 2020). Against this background, this study examines the rule of law as a determinant of economic development in Germany and Poland from both the de jure and de facto perspectives.
  • Topic: Economic Growth, Rule of Law, Trade, Economic Development
  • Political Geography: Europe, Poland, Germany
  • Author: Tod Lindberg
  • Publication Date: 05-2019
  • Content Type: Special Report
  • Institution: Georgetown Journal of International Affairs
  • Abstract: The establishment of the International Criminal Court (ICC) in the Hague is a testament to liberal normative aspiration in international politics—the conviction that there should be a neutral juridical body, beyond the influence of the ebb and flow of political power among states, that is capable of holding the perpetrators of atrocities or aggression to account. Now, more than twenty years after the negotiation of the 1998 Rome Statute––the treaty establishing the court––and coming up on seventeen years since the ICC entered into force in 2002 with the ratification by sixty state-parties, one vexing question for proponents of international justice is that of how far beyond mere aspiration the court has managed to get.
  • Topic: Politics, Rule of Law, Justice, International Criminal Court (ICC)
  • Political Geography: Yugoslavia, Rwanda, United States of America, The Hague
  • Author: Olena Tregub
  • Publication Date: 05-2019
  • Content Type: Special Report
  • Institution: United States Institute of Peace
  • Abstract: In the wake of the Euromaidan protests that toppled the government of Viktor Yanukovych in 2014, Ukrainian activists and civil society organizations have pressed hard for anti-corruption reforms and greater openness and transparency in the public sector. Five years later, however, corruption remains a fixture of civic life—and a majority of Ukrainians believe the fight against corruption has been a failure. This new report reviews the changes that have taken place in the anti-corruption movement since the Euromaidan and identifies practical actions the international community can take to support reform efforts in Ukraine.
  • Topic: Security, Corruption, Governance, Reform, Democracy, Rule of Law, Protests, Accountability, Transparency, Justice
  • Political Geography: Europe, Ukraine
  • Author: Ronja Harder, Jasper Linke
  • Publication Date: 01-2019
  • Content Type: Special Report
  • Institution: Geneva Centre for Security Sector Governance (DCAF)
  • Abstract: Gendarmeries and constabulary-type police go by many names, but all combine characteristics of both the military and civilian police. Because of their unique skill sets, demand for such forces to face new threats to domestic and international security has increased everywhere. However, the mixed military–civilian characteristics of gendarmeries and constabulary-type police pose special challenges for democratic civilian control and the appropriate use of force, especially in domestic law enforcement. This SSR Backgrounder describes the roles and functions of gendarmeries and similar forces and explains how applying the principles of good SSG enables them to fulfil their legitimate mission of protecting both state and human security with respect for human rights and the rule of law. This SSR Backgrounder answers the following questions: What are gendarmeries and constabulary-type police? What roles can gendarmeries play in domestic security? How can gendarmeries contribute to international security? Are gendarmeries compatible with democratic security governance? What does SSR mean for gendarmeries?
  • Topic: Security, Human Rights, Law Enforcement, Military Affairs, Rule of Law
  • Political Geography: Geneva, Global Focus
  • Author: John Mukum Mbaku
  • Publication Date: 03-2018
  • Content Type: Special Report
  • Institution: Georgetown Journal of International Affairs
  • Abstract: Certain characteristics and values have the power to make or break a democracy. The supremacy of law, for instance, is the foundation on which democracy is built; it is the heart and soul of a free society and the basis for peaceful coexistence. This holds particularly true in Kenya. To manage the conflicting interests of diverse subcultures, all citizens, regardless of their political, economic, and ethnocultural affiliation, must be subject to the law. Thus, a governing process undergirded by the rule of law is critical for a future of peace and development in Kenya.
  • Topic: Development, Government, Democracy, Rule of Law
  • Political Geography: Kenya, Africa
  • Author: Jibrin Ibrahim, Saleh Bala
  • Publication Date: 12-2018
  • Content Type: Special Report
  • Institution: United States Institute of Peace
  • Abstract: Nigeria’s military has largely degraded the capacity of Boko Haram since the peak of the insurgency in 2015. The government and security forces must now focus on winning the peace. This Special Report outlines the insurgency and its aftermath, the challenges facing the Nigerian government, the imperative of national police reform, and ways forward to stable and effective civilian-led governance.
  • Topic: Security, Insurgency, Governance, Reform, Rule of Law, Justice, Boko Haram
  • Political Geography: Africa, Nigeria, Chad, Cameroon, Niger
  • Author: Marta Makowska, Melchior Szczepanik
  • Publication Date: 09-2018
  • Content Type: Special Report
  • Institution: The Polish Institute of International Affairs
  • Abstract: In the draft multiannual financial framework (MFF) 2021-2027, the European Commission (EC) proposed a political conditionality mechanism through which EU funds could be suspended for countries violating the rule of law. If implemented, it would grant the EC new powers to control the condition of the rule of law in Member States, but it is based on imprecise criteria. Even though the EC has declared that the mechanism is designed to discipline state institutions responsible for breaches, it could be damaging mainly to the final beneficiaries of the funds.
  • Topic: Sanctions, Budget, European Union, Rule of Law
  • Political Geography: Europe