The Strategic Context
makes the legal and regulatory changes necessary to enable organizations, institutions, and individuals at all levels and in all sectors to perform effectively and to build their capacities.
RULE OF LAW 1-40. During stability operations, it is imperative that the local populace have confidence that they will be treated fairly and justly under the law. They must also believe that they will have access to justice, have an open and participatory government, and trust that all persons, entities, and institutions—public and private—are accountable to the law. Rule of law is a principle under 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 that are consistent with international human rights principles. It also requires measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in applying the law, separation of powers, participation in decisionmaking, and legal certainty. Such measures also help to avoid arbitrariness as well as promote procedural and legal transparency. 1-41. Rule of law establishes principles that limit the power of government by setting rules and procedures that prohibit the accumulation of autocratic or oligarchic power. It dictates government conduct according to prescribed and publicly recognized regulations while protecting the rights of all members of society. It also provides a vehicle to resolve disputes nonviolently and in a manner integral to establishing enduring peace and stability. In general terms, rule of law exists when: The state monopolizes the use of force in the resolution of disputes. Individuals are secure in their persons and property. The state is bound by law and does not act arbitrarily. The law can be readily determined and is stable enough to allow individuals to plan their affairs. Individuals have meaningful access to an effective and impartial justice system. The state protects basic human rights and fundamental freedoms. Individuals rely on the existence of justice institutions and the content of law in the conduct of their daily lives. 1-42. Typically, operations conducted to support rule of law are part of broader interagency and multinational efforts. Within the USG, the Department of State leads and coordinates reconstruction and stabilization operations, including activities to establish and support the rule of law. The primary U.S. interagency partners for these efforts are the Department of State, the U.S. Agency for International Development, and the Department of Justice. Operations that support rule of law are planned and executed with these interagency partners, but will normally include representation from other organizations, agencies, and multinational partners, when applicable. 1-43. Effective rule of law establishes authority vested in the people, protects rights, exerts a check on all branches of government, and complements efforts to build security. It accounts for the customs, culture, and ethnicity of the local populace. Adherence to the rule of law is essential to legitimate and effective governance. Rule of law enhances the legitimacy of the host-nation government by establishing principles that limit the power of the state and by setting rules and procedures that prohibit accumulating autocratic or oligarchic power. It dictates government conduct according to prescribed and publicly recognized regulations while protecting the rights of all members of society. It also provides a vehicle for resolving disputes nonviolently and in a manner integral to establishing enduring peace and stability.
FRAGILE STATES 1-44. The United States has a long history of assisting other nations. This assistance may come as humanitarian aid, development assistance, free trade agreements, or military assistance. Fragile states, however, pose a particularly complicated challenge. The weakness of these states, especially with respect to governance institutions, threatens the success of any development effort. Development activities within weak states require extended time commitments to build partner capacity in key institutions and to improve the lives of their citizens.
6 October 2008
FM 3-07
1-9