What Context Matters? Rule of Law Programming in the Midst of Post-conflict Insecurity

Abstract

Following civil war, (re)establishing operational, legitimate and accessible justice systems for resolving disputes is touted as critical for sustainable peace. While rule of law programming has gained significant traction as the favoured solution internationally, questions remain as to what approach such programming should take, and how complex dynamics in societies emerging from civil war affect local populations trying to access justice, particularly in legally plural settings. This article sheds light on these questions by examining a case study of a programme that took an alternative approach to the ‘rule of law orthodoxy’. The programme, known as PEACE Foundation Melanesia, engaged with customary justice systems in post-conflict Bougainville, and took into account some of the contextual realities faced by local populations. In particular, the material presented in this study—drawn from 42 interviews—shows how post-conflict insecurity, and related concerns about related psychological ill-health and cycles of retaliation played a significant part in preferences, experiences, and impact of the programme for local populations.