Peace & Stability Journal Volume 5, Issue 4 | Page 30

The objective of the Transitional Public Security (TPS) working group was to conduct a comprehensive review of the Unified Action Commander's Handbook for Rule of Law (RoL) in support of Joint Review Oversight Council Memorandum ( JRCOM) 172-13 Task 10. The handbook review will assist in the compilation of a Transitional Public Security/Transitional Security Sector Program of Instruction (POI) Assessment Model, fulfilling JRCOM Task 13. The TPS workgroup handbook review was intended to derive specific TPS Knowledge, Skills and Abilities (KSA), thus informing JROCM Task 11. The TPS workgroup attendees consisted of representatives from the Department of State, the Office of the Secretary of Defense for Stability and Humanitarian Affairs, the U.S. Army’s Office of the Provost Marshall General, the Civil Military Advisory Group, The Institute for Military Support to Governance, National Defense University’s Center for Complex Operations, and PKSOI. PKSOI representatives updated and restructured the previous edition of the RoL handbook using the latest policy and doctrinal changes, as well as integrating the construct and ideology of the United States Institute for Peace’s Guiding Principles and Measuring Progress in Conflict Environments (MPICE) manuals. Joint Publication 3-07 Stability Operations (revision first draft 2014) was one of the base doctrinal templates for the revised RoL handbook. The workgroup members were split into groups, which reviewed two chapters of the Rule of Law handbook, and provided edits and comments in the chapters using track changes. After one hour, the groups switched to another set of chapters and reviewed the chapter contents and previous group’s comments. All subsequent groups to review the chapters and comments were permitted to make additional changes, new comments, and address the previous group’s comments, but not alter or delete any previous comments. The predominate theme from the RoL Handbook review addressed the issue of not repeating current doctrine and handbooks in one topical manual, as much of the existing construct was inherently encapsulated in other manuals. The new JP 3-07, Rule of Law Handbook: A Practitioner’s Guide for Judge Advocates, MPICE, the Guiding Principles and the existing handbook were sufficient to inform the Rule of Law practitioner. Thus, the recommendation was to create a series of handbooks which added to breadth of knowledge as an operational planning and implementation tool, which would be illustrated through case studies and futuristic scenarios for practical application. Therefore, one manual would address strategic design and planning, as this is often the most underem- 28 phasized aspect of mission failure in stability operations. The process of conducting an extensive Situation Assessment and Mission Analysis is paramount for successful strategic design and planning. Assessment tools must be designed to identify the root causes of conflict, and the case studies should be illustrative of the most effective methodologies for mitigating the root causes of conflict. The new handbook series should be written from a "bottom up" approach as the practitioners will be the primary implementers of conflict mitigating initiatives, as well as the most knowledgeable and best collection points for the root causes of conflict. Measuring progress is an essential component of the handbook series, as there is a multitude of assessment tools, but very few individuals who truly understand the process, or the exact components which should be measured during the assessment process. The workgroup spent time discerning the best case studies to encapsulate a comprehensive approach to stability operations. The historical case studies for potential inclusion in the handbook series were Haiti, Afghanistan, Bosnia, Georgia, Panama and the Philippines - case studies with varied circumstances and stability challenges. The RoL handbook revision comments focused on the western slant of the material, which initiated a further discussion as to whether U.S. soldiers and officials were even a viable option to attempt to assess and reform a non-Common Law system. The general consensus presumed that even in a simple advise and assist mission, U.S. personnel would be able to encourage the incorporation of international human rights considerations, but would intermingle western “one authoritative body,” “top down approach” to a legal construct, subjugating or disregarding Traditional and Religious law. A current omission from the handbook is an annex on authorities that must be incorporated into the U.S. operational plan and international mandates in order for DoD personnel to understand their limitations in supporting Rule of Law development. Due to the unfamiliarity with other legal constructs, the handbook should advocate the inclusion of law professors, think tanks and non-governmental institutions in the initial strategy planning and situational assessment phases. Case Studies accentuating Best and Worst Practices in military support to various stability functions (in this case Rule of Law) are not found in any other doctrinal or handbook guides, and could be designed to diminish western slants. The Way Ahead is to propose a new operationalized format for the handbook series incorporating Case Studies and focusing on the planning, assessment and measuring progress aspects of Stability Operations, as these components do not exist in the current manual construct. The new handbook series will be communally written, adjudicated, approved and distributed through a wiki or hive technology for simultaneous product