Loyola University Chicago International Law Review Volume 15 Issue 2 Article 2 2018 Withholding Democracy: The Timeliness of Self-Governance in a PostConflict Occupation L. Amber Brugnoli Follow this and additional works at: https://lawecommons.luc.edu/lucilr Part of the International Law Commons Recommended Citation L. A. Brugnoli Withholding Democracy: The Timeliness of Self-Governance in a PostConflict Occupation, 15 Loy. U. Chi. Int'l L. Rev. 131 (2018). Available at: https://lawecommons.luc.edu/lucilr/vol15/iss2/2 This Feature Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola University Chicago International Law Review by an authorized editor of LAW eCommons. For more information, please contact
[email protected]. WITHHOLDING DEMOCRACY: THE TIMELINESS OF SELF-GOVERNANCE IN A POST-CONFLICT OCCUPATION L. Amber Brugnoli* Abstract In December 2017, the Human Rights and Election Standards initiative at the Carter Center,' in collaboration with United Nations Office of the High Commis- sioner for Human Rights (OHCHR), issued a Plan of Action that was the culmi- nation of two years of analysis and debate regarding a human rights approach to elections. 2 Part of their plan recognized the need for well-written and targeted recommendations for implementing a transition to democracy.3 This article is a first step towards drafting such recommendations. The right to free and fair elections is a well-established norm in international law; some scholars even argue it is a fundamental human right.4 Research and scholarly works in this area focus heavily on elections in newly-formed democra- cies within the developing world following civil war or other internal strife; little- to-no attention is paid to the responsibility an occupying power has to implement free and fair elections after it is victorious in armed conflict.