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From Instability to Stability and Good Governance

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Presentation on theme: "From Instability to Stability and Good Governance"— Presentation transcript:

1 From Instability to Stability and Good Governance
Overall Classification of this brief is UNCLASSIFIED ELFA Presentation: 20 April 2017 Perspectives of Training Lawyers to Build Governance Mark “Max” Maxwell From Instability to Stability and Good Governance

2 That is quite a brave proposal He thinks I have courage
The Coalition The Coalition That is quite a brave proposal What the British say: What others understand: He thinks I have courage What the Brit meant: You’re insane

3 Africa: A Rich and Proud History

4 The Model A Model for consideration THE POPULATION ENABLERS Ex 1 Ex 2
KINETIC Ex 1 Violent Extremists The Model ENABLERS Ex 2 INFLUENCE THE POPULATION

5 Governance and National CAPACITY
The Transition Kinetic Influence Prosecution-Based Targeting Evidence Collection National Security Forces Lead Law Enforcement Governance/Police Influence Kinetic TRANSPARENCY Governance and National CAPACITY

6 The Difference MILITARY TARGETING LAW ENFORCEMENT FIND INVESTIGATE
ARREST FINISH FIX IMPRISON EXPLOIT ASSESS SENTENCE PROSECUTE

7 THE POPULATION Law of Armed Conflict ENABLERS Law Enforcement
INSURGENCY ENABLERS Law Enforcement THE POPULATION

8 Peace Non-International Armed Conflict International Armed Conflict
The Tension Peace Non-International Armed Conflict International Armed Conflict Domestic Law Human Rights Law Protocol II Human Rights Law The Geneva Conventions Protocol I

9 Dispute Resolution: Afghanistan
To build this model takes: Police officers Investigators “Experts” Prosecutors Judges Clerks Confinement Specialists And Security

10 Theoretical Framework of Stability
∑A thru D = Ax/average of A + Bx/average of B + Cx/average of C + Dx/average of D

11 Keys to Success

12 The Overarching Legal Issues
Governance, in part, is the State’s successful monopoly on violence In this environment, the issues we face are replete: Self-Defense and the Defense of Others: What are its limits? The struggle between Security and Governance Distinction Military Judgment and Proportionality Tactical Patience and Necessity

13 Questions Mark "Max" Maxwell Deputy Legal Counsel U.S. Africa Command
mark.d.maxwell3. +49 (0) +49 (0) Office of the Legal Counsel Attn: Mark Maxwell GEB 3313, ZM 312 Plieninger Strasse 289 Moehringen Stuttgart

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