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ADP 3-07
1-52.
While military forces strive to establish a safe and secure environment by establishing civil security and support to civil control, the rule of law requires much more, including detaining and trying individuals accused of committing crimes. These basic elements enable a broader culture of rule of law to exist in a society emerging from conflict. A broad effort integrates activities of many actors, focusing civilian, customary, and military law and order capabilities to support host-nation civil institutions in establishing and supporting the rule of law. These hybrid justice systems often form the intermediate step between the temporary detention and adjudication that occurs under “Establishing Security” and the more mature, civilian-led efforts to build a sustainable and capable criminal justice system. These activities come from a shared sense of confidence among the population that the justice sector focuses on serving the public rather than pursuing narrow interests. Planning, preparing, and executing the transfer of responsibility from military to host-nation control for rule of law—although critical for building public confidence—often proves the most difficult and complex transition conducted in stability operations. Failure to ensure continuity of rule of law through this transition threatens the safety and security of the local populace, erodes the legitimacy of the host nation, and impedes long-term development and achieving the desired end state.