Hiroshima Peace Science Volume 25
2003 発行

平和構築の法の支配アプローチ : 戦略的視点からの整理

A Strategic Analysis of Activities relating to “the Rule of Law Approach of Peace-building
Shinoda, Hideaki
This essay aims to explore the functions of what it calls “the rule of law approach of peace-building." Following a conceptual exploration of “peace-building" in an article of this journal's last issue, the author further discusses activities relating to “the rule of law approach of peace-building" by classifying them into four categories.First, the essay illuminates the importance of peace agreements that are usually intended to set up a de fact constitutional framework of peace processes. Then it argues that electoral assistance constitutes a crucial phase of the rule of law approach, since a post-conflict election establishes legitimacy for a peace process and a new government and also paves the way for democratic peace. Third, the essay discusses the function of law enforcement activities such as assisting or rebuilding international or local police and military personnel. The fourth category is judiciary. Various international and local war crimes tribunals as well as truth and reconciliation commissions have become indispensable factors in peace-building.