Rule of Law in Yemen it the Time of War and Post-Conflict

By Mohammed Alshuwaiter
Submitted to Session P6404 (Forgotten War’s Tragedies in Yemen, 2021 Annual Meeting
Conflict Resolution;
LCD Projector without Audio;
Paper Abstract:
A common demand among the Arab Spring countries in 2011 was the call for justice and freedom; Yemen was no exception. The armed conflict that began in 2014 has persisted ever since, stalling Yemen’s political transformation and creating one of the world’s worst humanitarian crises. The country’s infrastructure, including its judicial institutions, has been severely damaged. Due to the precarious security situation, many judges have fled or been killed, which has created a vacuum filled either by inexperienced judges or unauthorized adjudicators and courts. Furthermore, the opposing parties to the conflict have divided the judiciary and its institutions, creating parallel systems that do not recognize each other’s legitimacy. The UN and international and local NGOs are continuously working to mitigate the conflict's effects and plan for the eventual post-conflict period. However, consideration of the judiciary and its importance in establishing the rule of law in the Yemeni context has been limited to date.

The Importance of the study
Due to current conflict dynamics and its implications on the rule of law in Yemen, an in-depth study would be imperative to determine the current state of the rule of law and its relevant institutions in Yemen. Such a rule of law assessment could offer a comprehensive overview of existing rule of law and justice institutions, capacities, gaps, and windows of opportunity to enhance the integration of the international community’s support to governance and rule of law in Yemen.

Research Questions
The paper questions how the conflict affects the formal and the informal rule of law? What type of future intervention can be made to reform damage and the destruction on the Judiciary System post-conflict? How should the Judiciary authority be addressed on the peace agreement and maintain its independency on post conflict?

The methodology that will be used for this paper is a compound of literature review and interviewing local stakeholders.