"Rule of Law" is a pet peeve for me as COIN theory goes.
Saddam certainly had rule of law, and it was a major reason contributing to our decision to invade as he enforced that law to ensure that no Shiite or Kurdish insurgency emerged.
The Taliban similarly had rule of law in Afghanistan. Sharia is a very effective COIN rule of law approach when one defines defeat of those who dare to complain about governance as effective COIN. Same is true for many countries on the Arabian Peninsula that are on the edge of full rebellion.
No, "Justice" is the goal, not rule of law. In England when there was a growing perception that there was little "justice" under the law they created the Courts of Equity to address this concern. Good COIN, that. Ultimately the two court systems fused into a more just legal system provided the basis for law and justice as we know it in America today. From everything I hear and read about the US Corrections system it raises a very high alert as to a fading perception of justice among critical populaces from which insurgency could emerge. We have rule of law though.
I wish the State department would change their "rule of law" division to a "justice" division; their "democracy" division to a "self-determination" division; and their "counter-terrorism" division to a "non-state actor" division. They would be more effective for it.
The rule of law is as apt to create insurgency as cure it; but justice is always a step in the right direction.
Bookmarks