The continuing global and local failure to achieve meaningful conflict prevention means that post-conflict reconstruction remains a familiar reality in every region of the world. This edited collection is another contribution to the literature on law and justice in post-conflict societies, with a focus on the role of international law. The work is divided into three distinct parts: foundational issues; reform issues; and administration. There are 14 chapters, including a helpful introduction and conclusion. The book will be of relevance to anyone with an interest in transitional justice and post-conflict contexts, and it has useful things to say about international law (there are many instructive case studies too). The rationale rests in the need for better understanding of international law's place in post-conflict reconstruction, and it has plainly benefited from the workshops held to explore the questions raised.
The foundational issues in Part I cover the identification of an interim government (Saul), due diligence obligations after conflict (O'Donoghue), women, peace and security (Swaine) and the International Criminal Court's complementarity regime (Jones). Insights here include the potential advantages for post-conflict reconstruction of leaving the law more open-ended, the need for international organizations (and international law scholars) to engage more effectively with due diligence, and the gendered dimensions of transitional justice.
Part II looks at reform issues, with chapters on constitution making (Turner and Houghton), international criminal trials and the domestic rule of law (McAuliffe), security sector reform (Sharp), and a case study of Timor-Leste on the question of economic self-determination (Mardikian). Themes from Part I are evident here too. There is anxiety about the risks of a robust international legal framework that might leave little room for political constitutionalism, and international criminal law models that show scant regard for domestic priorities. This scepticism can be contrasted with Sharp's view of the utility of international law in displacing the ‘train and equip’ approach that still dominates security sector reform.
Part III is headed ‘Administration’ and deals with the media (Buyse), legal empowerment (Waldorf), internally displaced persons in Colombia (Sandvik and Lemaitre) and post-conflict restitution (Sweeney). The complex role of the media (before and after conflict) is explored with a case study of Bosnia and Herzegovina and Kosovo, the concept of legal empowerment is defended as part of a more sophisticated response, through the example of IDPs in Colombia pressing questions are raised about legalism, and orthodox views of post-conflict restitution are subjected to a thorough critique.
The conclusion (Saul) draws the main elements of the work together. It does so by highlighting core themes addressed in the book: how international law regulates post-conflict reconstruction; how international law relates to best practice; and how international law can contribute to the achievement of a sustainable peace. Rather than reach a singular conclusion (an approach that would not be in keeping with the rest of the book) Saul draws attention to patterns and points of interest from each of the chapters. For example, ambiguity and relativism can contribute positively in such contested environments, and the variability that is evident places case studies at the heart of more persuasive accounts. International law is therefore ensnared in post-conflict worlds where participants have divergent desires and thus often want the law to perform multiple roles. This significant book helps our understanding and includes many valuable insights into messy and often compromised post-conflict processes. It will be of particular assistance to those tasked with ensuring that reconstruction does not simply lay the groundwork for future conflict.