Chapter 10. The Rule Of Law And Judicial Reconstruction

Abstract

Reforming the judiciary in order to ensure respect for the rule of law in postconflict societies is a key element in their reconstruction. Especially when missions are established after armed intervention, as in Kosovo, severe damage is inevitably caused to the infrastructure of the country. This chapter first deals with the reconstruction of the judicial system, including emergency measures, the applicable law and the reform of the judiciary, and then addresses the introduction of human rights. It analyses transitional justice, that is, how a post-conflict society deals with the abuses of the past regime. Although a major part of the literature and a majority of commentators tend to focus only on the aspect of transitional justice in post-conflict societies, it remains part of the broader concept of the rule of law. The chapter also discusses the implementation of human rights under the international mandates.Keywords: human rights; international mandates; judicial reconstruction; rule of law; Transitional Justice