Judicial Independence In The Face Of Violence

Abstract

In observing the many legal assistance projects around the world, one cannot help but be struck by the dilemma of violence and the Rule of Law. Consider three places in which the United States and a number of European nations have taken an active military role while trying to assist nascent or renascent judicial systems: Bosnia, Afghanistan, and Iraq. There are many locales in desperate need of stability and human rights, but these three are ones in which the western military and civilian assistance efforts are ongoing. The Rule of Law is designed to create stable social conditions conducive to economic and personal development - in other words, a peaceful and healthy society. Conversely, the Rule of Law is not really possible in conditions under which more powerful actors can operate as they wish with impunity. The volatile Southern Russian republics have seen violence targeted at judges. Keywords: judicial independence; rule of law (RoL); violence