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1. An Appraisal of Pakistan’s Anti-Terrorism Act

Author:
Mehwish Rani and Parvez Tariq
Publication Date:
08-2015
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Pakistan passed the Anti-Terrorism Act in 1997 in response to the rising threat of terrorism within its borders. The law was designed to help law enforcement combat terrorism. Instead, conceptual difficulties within the law and procedural problems in implementing it have led to an alarmingly high number of acquittals. This report examines the weaknesses in the Anti-Terrorism Act and suggests ways to improve the law and its application to better fight terrorism in Pakistan.
Topic:
Conflict Resolution, Terrorism, and Law Enforcement
Political Geography:
Pakistan

2. Afghanistan's Civil Order Police

Author:
Robert M. Perito
Publication Date:
05-2012
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
In 2006, a day of deadly riots in Kabul dramatized the need for an Afghan constabulary force capable of controlling outbreaks of urban violence. In response, the U.S. military and Afghan authorities created an elite gendarmerie, the Afghanistan National Civil Order Police (ANCOP). Although ANCOP was conceived of as a riot control force, it was assigned to the Focused District Development Program to replace district-level Afghan Uniformed Police who were away for training. The high demand and constant transfers required by this duty resulted in rates of attrition among ANCOP units of 75 to 80 percent. In 2010, ANCOP's superior training, firepower, and mobility were recognized in its assignment, along with a “surge” of U.S. military forces, to reverse the Taliban's hold on key areas in southern Afghanistan. In heavy fighting in Marja, Helmand province, ANCOP was demonstrably unprepared to serve as a counterinsurgency force, particularly in areas that had not been cleared by coalition and Afghan military forces. Subsequent improvements in training and partnering with U.S. forces improved ANCOP's performance in Kandahar, where ANCOP was used to hold areas that had been cleared by the military. By 2011, ANCOP had firmly established its place as an elite rapid reaction and counterinsurgency force with a positive reputation among coalition troops and Afghan citizens.
Topic:
Security, NATO, and Law Enforcement
Political Geography:
Afghanistan, United States, and Taliban

3. Mutual Accountability: Lessons and Prospects for Afghanistan Post-Tokyo

Author:
William Byrd
Publication Date:
08-2012
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
At the Tokyo conference on July 8, donors committed to provide massive civilian aid to Afghanistan and improve aid effectiveness, while the Afghan government committed to a number of governance and political benchmarks. The outcome at Tokyo exceeded expectations, but a review of Afghan and international experience suggests that implementing the Tokyo mutual accountability framework will be a major challenge. The multiplicity of donors could weaken coherence around targets and enforcing benchmarks, and undermine the accountability of the international community for overall funding levels. Uncertain political and security prospects raise doubts about the government's ability to meet its commitments, and political will for needed reforms understandably may decline as security transition proceeds and the next election cycle approaches. It is doubtful whether major political issues can be handled through an articulated mutual accountability framework with benchmarks and associated financial incentives. The civilian aid figure agreed upon at Tokyo ($16 billion over four years) is ambitious and exceeded expectations; if the international community falls short, this could be used to justify the Afghan government failing to achieve its benchmarks. Finally, given past experience there are doubts about how well the Joint Coordination and Monitoring Board (JCMB) process (mandated to oversee implementation), and the series of further high-level meetings agreed at Tokyo, will work.
Topic:
Conflict Resolution, Security, Development, Economics, Governance, and Law Enforcement
Political Geography:
Afghanistan and Asia

4. Analyzing Post-Conflict Justice and Islamic Law

Author:
Whitney Parker, Scott Worden, Shani Ross, and Sahar Azar
Publication Date:
03-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Post-conflict justice mechanisms such as truth commissions, war crimes tribunals and reparations programs have emerged as a fundamental building block of durable peace settlements in Latin America, Africa and Asia. They are relatively rare, however, in Muslim countries recovering from conflict-despite the fact that social and criminal justice is a fundamental principle of Islamic law.
Topic:
Conflict Prevention, Crime, Islam, War, Law Enforcement, and Law
Political Geography:
Africa, Asia, Arabia, and Latin America

5. Reforming Pakistan's Police and Law Enforcement Infrastructure: Is It Too Flawed to Fix?

Author:
Hassan Abbas
Publication Date:
02-2011
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
An efficient, well-functioning police service is critical to counterinsurgency as well as counterterrorism efforts in Pakistan, now and in the future. At the same time, the police force must also address rising crime rates and a deteriorating law-and-order situation, among many other tasks. The capacity of the Pakistan Police Service to deliver on all these fronts is severely diminished by political manipulation, the lack of forensic services, inadequate training and equipment, corruption, and weaknesses in the judicial sphere. Disconnect and lack of coordination between numerous kinds of policing and intelligence organizations are major hurdles on the path leading to collective strategizing. Upgrading the existing police system as the central law enforcement institution in the country cannot occur in isolation, however. Instead, it must be part of an overarching restructuring of the total law enforcement infrastructure, including a reform of the criminal justice system and the stripping of politically motivated amendments from the Police Act of 2002. Both traditional and innovative reforms would be expected to bear fruit in this arena. With a high degree of public consensus on the need for far-reaching law enforcement reforms in Pakistan, there is political space to make tough, reform-oriented choices. Pro-reform circles within police are also gaining strength.
Topic:
Security, Terrorism, Counterinsurgency, and Law Enforcement
Political Geography:
Pakistan and South Asia

6. The Iraq Federal Police

Author:
Robert M. Perito
Publication Date:
10-2011
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
In 2004, the U.S.-led coalition and Iraqi security forces faced a growing challenge from insurgents and militia groups as the country drifted toward civil war. In street battles with heavily armed insurgent and militia groups, Iraq's fledgling police units mutinied under fire and resigned en masse, pointing out shortfalls in the U.S. police training program. In response, the U.S. government transferred leadership of the U.S. police assistance program from the State Department to the Defense Department, which created heavy police tactical units capable of dealing with armed groups. At the same time, the Iraqi interior ministry independently organized police commando units composed of former Iraqi soldiers that successfully fought alongside U.S. military forces. In 2005, the installation of a new Iraqi government and the escalation of sectarian violence brought a change in the composition of the Iraqi police commando units. The new interior minister, a senior Shiite party official, enabled members of Shiite militia groups to take over the police commando units and engage in the kidnap, torture, and murder of Sunnis. To control police death squads, the U.S. military combined all of Iraq's heavy police and police commando units into a new entity, the Iraq National Police (INP). In October 2006, the U.S. military began a program to retrain police commando units that were engaged in sectarian violence. Over the following year, Iraq's new interior minister, Jawad al-Bolani, undertook a program to reform the INP, appointing a new commanding general, purging the officer corps, and inviting a training team from the Italian Carabinieri to provide advanced instruction for INP units. In 2007, INP units successfully partnered with U.S. combat brigade teams that were deployed to Baghdad as part of President Bush's surge of U.S. military force into Iraq. Over the next two years, the valor of Iraqi constabulary units and their acceptance in both Sunni and Shiite areas brought a new name, the Iraq Federal Police (IFP), and the deployment of an IFP unit to every province in the country. Lessons learned in the development of an indigenous police constabulary in Iraq should be applied to current and future stability operation.
Topic:
Conflict Resolution, Security, Law Enforcement, and Sectarian violence
Political Geography:
United States, Iraq, Middle East, and Arabia

7. When Is International Peacemaking Illegal? Implications of the 2010 Supreme Court Decision in Holder v. Humanitarian Law Project

Author:
Stephanie Schwartz
Publication Date:
11-2010
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The June 21st Supreme Court decision in Holder v. Humanitarian Law Project affirmed the constitutionality of the material support statue which makes it illegal for U.S. citizens and organizations to provide material support, including expert advice or assistance, service or personnel, to designated terrorist organizations regardless of whether the support is intended to promote nonviolence and peace. The material support law and the process of listing terrorist groups provides the U.S. government with an enhanced legal structure to arrest alleged terrorists and prevent terrorist acts. However, it is unclear that the process is effective in practice or that enhancing the government's legal power to prevent acts of terrorism outweighs the unintentional consequences of prohibiting nongovernmental organizations (NGOs) from working on the front lines of conflict zones to promote conflict resolution. Looking to the future, NGOs can work with the State Department and Congress to find ways to allow peacebuilding and humanitarian organizations to continue their operations legally, while also not threatening national security.
Topic:
Conflict Prevention, Humanitarian Aid, Terrorism, Foreign Aid, Law Enforcement, and Peacekeeping
Political Geography:
United States

8. Crime, Politics and Violence in Post- Earthquake Haiti

Author:
Louis-Alexandre Berg
Publication Date:
10-2010
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Crime and violence are on the rise in Port-au-Prince due to prisoner escapes during the earth quake. Youth gangs and other armed groups are regaining strength in the most vulnerable neighborhoods and spreading to other areas of the city. In the tent camps around Port-au- Prince, displaced people—especially women—remain vulnerable to crime. These factors have contributed to an increasing sense of insecurity. As political tensions rise in the run-up to elections, armed groups, criminal enterprises and vulnerable youth could once again be mobilized by political forces to fuel violence or disrupt the political process. Gangs and their involvement in criminal and political violence are deeply rooted in Haitian politics, and fueled by widespread poverty, inadequate police presence, government weak ness, and social and economic inequities. Prior to the earthquake, criminal violence had begun to decline due to a combination of political reconciliation, law enforcement operations and investment in marginalized neighborhoods. These fragile gains have been reversed since the earthquake and public confidence in the police has been shaken. Directing resources toward mitigating violence while addressing the underlying sources of crime and violence should remain a priority in post-earthquake reconstruction.
Topic:
Political Violence, Crime, Natural Disasters, and Law Enforcement

9. The Interior Ministry's Role in Security Sector Reform

Author:
Robert M. Perito
Publication Date:
05-2009
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Efforts to create an effective interior ministry and a community-oriented police service cannot succeed unless they take place within an overall effort for security sector reform (SSR): the highly political and complex task of transforming the institutions and organizations responsible for dealing with security threats to the state and its citizens.
Topic:
Security, Government, United Nations, and Law Enforcement
Political Geography:
United States