Customary Justice and the Rule of Law

The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges - and opportunities - for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms.

DIIS researcher, Helene Maria Kyed is co-author of a chapter on Mozambique in the new book, Customary Justice and the Rule of Law in War-Torn Societies, published by the United States Institute for Peace (USIP). This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies. It presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases - Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan - examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. The case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms.

Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country.

Said about the book:

“This work represents possibly the most important contribution of the past decade for practitioners and policymakers seeking to leverage international rule of law assistance into long term institutional and societal strength” - Michael A. Newton, Professor of the practice of law, Vanderbilt University Law School.

For more details, and information on how to purchase the book, please use the following link: http://www.usip.org/publications/customary-justics-and-the-rule-law-in-war-torn-societies