Today the rule of law is a top priority among international organisations, national governments, peace builders and development agencies. A number of factors have contributed to this. First and foremost, there is recognition that without law and order, peacebuilding and economic recovery are impossible in politically volatile and post-crisis environments.

There is also the important role that laws and judicial institutions play in developing countries. Yet another factor is the growing importance of human rights, and the ambition among international organisations to assist in transforming them into reality in troubled environments. 

The rule of law is a complex concept that means different things to different people. For peace-building and development purposes, a useful definition can be found in the Secretary-General’s report on “Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies”. It defines the rule of law as “…a principle of governance in 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 which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.”

The means to reach these goals are many and vary between countries and actors depending on local conditions, political agenda, available resources, etc. For example within the field of justice, there is a focus on rebuilding and/or reforming different parts of the criminal justice system. This is a crucial part of creating a society that adheres to rule of law. However, given the definition of the concept rule of law above, there is also a need to work on rebuilding and/or reforming other parts of the State structure – all to achieve a sustainable peace and a social just order.