Rule of Law - Defined

The Army JAG School Rule of Law Handbook defines rule of law as “a principle of governance in which all persons, institutions and entities, public and private, including the state itself, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated, and which are consistent with international human rights principles.”  Wow, sounds like utopia right?  I think most people would agree that every government and judicial system is a work in progress, working towards this ideal in fits and starts.  And there are more opinions/theories on what the ideal looks like than there are Constitutions and criminal codes around the world.  Newt Gingrich wants to scrap the 9th Circuit, I would abolish the death penalty and work towards a way of trying rape cases that protects defendants’ rights while not putting the victim on trial.  We all have our ideas.

So how did my mission come to be?  It might come as a shock – but I wasn’t exactly involved in those discussions.  But here are a couple excerpts from a speech Secretary Gates gave earlier this year.

“A vacuum of governance remains in key areas.  We must support the Afghan government in its efforts to establish basic dispute resolution in key districts in order to facilitate improvements in security, to create the conditions that foster the reintegration and reconciliation of former insurgents, and to combat corruption that undermines trust in the Afghan government.”  Secretary Gates, March 2011

“Within this context, the U.S. strongly supports the proposal for a NATO Rule of Law Field Support Mission currently being considered within the ISAF coalition.  This new mission would bring to bear much-needed field capabilities, liaison, and security in support of Afghan and international civilian providers of technical assistance; these civilian providers can then more effectively help Afghans increase access to dispute resolution services and enhance the legitimacy of the Afghan government.” Secretary Gates, March 2011

http://www.defense.gov/speeches/speech.aspx?speechid=1547

It’s hard to hold courts without judges and prosecutors right?  Just ask some of the over-burdened courts stateside that are struggling while judicial nominations are held up in the confirmation process.  This is an issue my little mission is working with our Afghan partners to address so that Afghans are able to access the formal (court) and informal (dispute resolution) systems in place in their country.  I will discuss these two systems more once I have a better grasp of their structure and how they operate.

Sidebar- My fellow ROLFSO, Capt M also has a blog http://micahmcmillan.com/  We are working in different provinces so will likely have different experiences and insights to offer.  He also has a pic of us flying into the country together – a pic in which I am told I look “cute.”  Great.  Capt M also went to FSU, so while he has told me to “fear the spear,” I am confident that my Fighting Irish will persevere in our upcoming bowl game!