Daily Archives: May 10, 2013

New report analyses the rule of law in Libya (as the transitional vetting debate tests it)

Libya Report coverI am very happy to announce that the International Legal Assistance Consortium (ILAC) has just published a new report based on the rule of law assessment I helped to organize last January in Libya. While I had a hand in writing the report, it is the product of a fruitful collaborative effort with the assessment team members, all of whom were experts representing ILAC’s member organizations. A pdf version of the report, as well as summaries in English and Arabic, can be accessed here.

The ILAC report focuses on the role of core rule of law institutions such as the private bar and judiciary, and sets out recommendations for enhancing both their independence and their effectiveness in a new, democratic Libya. A very important part of the report’s analysis focuses on how the legal system is affected by the current transition, and notes the dilemma for the judiciary in particular – in that regular courts are both saddled with the delicate task of bringing those accused of crimes in connection with the 2011 uprising to justice and are themselves likely to be the object of vetting efforts in connection to the role that some judges played under the Gaddafi regime.

Despite the rule of law focus, in other words, the report delves into a number of transitional justice issues, most notably prosecution and institutional reform. In this sense, it complements the earlier work I did for UNHCR on property and displacement issues, which approached the transitional justice debate in Libya primarily from the viewpoint of victims’ reparations. Our report also comes hot on the heels of the latest by the International Crisis Group (ICG), which focuses squarely on the current showdown between the state and judiciary on one hand, and revolutionary brigades on the other.

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