text: Legal Considerations
  building the rule of law and reducing support for an insurgency. Trials and amnesties are important
  components of reconciliation and reintegration. Truth commissions can serve the same function, and can
  simultaneously expose the legal and humanitarian violations of an insurgency to a population and the
  world. Counterinsurgency forces should coordinate with civilian leaders and consider including these
  processes in their operations.
  13-67. In some parts of the world, formal state-sanctioned and state-run courts are not the primary method
  for resolving disputes. Instead, people resolve disputes through traditional customs and processes. For
  example, many Afghans rely on shura and jirga, councils of community leaders who mediate conflicts. In
  seeking to establish the rule of law, counterinsurgents need to understand what traditional forms of justice
  already exist in a community. Counterinsurgents should consider whether these systems should be
  integrated into the formal legal system, and they should also consider whether they can rely on those
  traditional systems of justice as interim mechanisms while more formal court systems are being developed.
  13-68. Counterinsurgents must be attentive to both civil and criminal justice. The criminal justice system
  includes police, court systems, and corrections facilities. Its goal is to incapacitate, punish, deter, and
  rehabilitate criminals. The civil justice system addresses disputes that are not of a criminal nature, such as
  contract or property disputes. When the institutions of justice have collapsed or need to be rehabilitated, the
  absence of both civil and criminal justice can cause instability and frustration in local communities. The
  rule of law requires functioning systems for addressing both criminal and civil justice.
  13-69. Helping a society develop a functioning civil and criminal legal system can be essential to counter
  an insurgency. A knowledge of the host-nation legal system may help a commander determine the best
  means to aid that development. Because a legal system develops over time within each society,
  understanding its development and history helps explain its relevance to society. Laws and norms that
  make little sense on the outside may have deep cultural and historic roots. The Army and the Marine Corps
  legal communities can help a commander better understand the legal environment and how to help
  reestablish and reinforce the rule of law.
  13-70. Counterinsurgents should inform and educate the media, local community, host nation, and public
  at large about applicable law of war provisions, U.S. and host-nation laws, and the obligations of those
  participating in hostilities. Providing this information can help build trust and legitimacy by helping locals
  and the media understand the rules U.S. forces follow and the safeguards they apply in operations. Legal
  preparation of the battlefield can also help delegitimize the insurgents, as locals and the media will better
  understand the insurgents’ violation of the laws.