Astrid Söderbergh Widding, President of Stockholm University, gave a speech at the start of the conference. Photo: Department of Law/Stockholm University

The conflict in Ukraine, with the ongoing Russian aggression, has brought questions regarding the functioning of legislative bodies during and after times of war to the forefront of public debate. While these issues are highly relevant, armed conflicts and their consequences are by no means unique to Ukraine. Many countries around the world, regardless of continent, have faced similar dilemmas regarding how war, armed conflict, or internal unrest in a nation affect the functioning of legislative bodies, the nature of legislation, and the content of laws enacted during these periods.

The conference "Legislation and Legislatures in War and Recovery" aimed to shed light on these highly complex issues in a discourse that focused more on domestic responses — the perspectives "from within" national realities — rather than how international law or international humanitarian law (the laws of war) regulate armed conflicts. In this regard, the conference's theme was highly innovative as researchers and practitioners from around the world were invited to contribute their unique experiences of domestic legislation from their respective countries.

"The conference was highly successful! Starting from the war in Ukraine, it addressed two crucial issues, at least for those of us working in the field of law, both as researchers and practitioners. These two issues are essential for all democratic legal systems that strive to maintain their character even when subjected to physical attacks or other exceptional circumstances such as civil wars", said Mauro Zamboni, Professor of Jurisprudence at Stockholm University, who was involved in organizing the conference.

Preserving the Legal Pillars is Vital

The two issues mentioned by Mauro as fundamental to a democratic legal system are, firstly, the unavoidable requirement that a democratic system continues to hold parliament as the center of legislation - that is, it should remain the institution making decisions on regulations that affect citizens' lives. This is because parliament is the primary representative of the people in a functioning democracy. Secondly, there is a discussion about the necessity for a legal system, particularly legislation, to adapt to the needs of war without compromising what can be considered the legal pillars of a democracy: the rule of law and human rights. This regardless of the compelling circumstances.

The post-conflict phase was another important aspect analyzed during the conference. Questions about how legislation can be used as a tool to promote national or economic recovery were raised. The discussion revolved around whether this phase offers an opportunity to revise old laws and practices or whether it is important to demonstrate normalcy by reverting to previous laws and practices.

The role of international support in the post-conflict phase and issues concerning compensation for war-related damages, amnesty, pardons, guaranteed political positions for participants in the war, and disqualifications from various aspects of public life were also discussed. Furthermore, the inclusion of human rights norms in the post-conflict phase was examined.

To be published in two special issues

The conference was consistently regarded as highly successful, featuring many fruitful and engaging discussions. Although attendance was limited to a small number of participants on-site, it was open to online participation from around the world, attracting a significant number of attendees. The conference commenced with welcoming remarks from Astrid Söderberg Widding, President of Stockholm University, Andreas Norlén, Speaker of the Swedish Parliament, and Jessika van der Sluijs, Dean of the Faculty of Law, setting a solemn and prestigious tone for the event.

The presented contributions will now undergo a double-blind peer-review process and be published in two special issues of The Theory and Practice of Legislation. The first issue will address the issue of legislation during times of war, while the second will be dedicated to legislation during the post-war period. The journal, published in the United Kingdom but based at the Faculty of Law at Stockholm University, is considered as a world-leading publication in the field of legislative studies, according to both Scimago and Scopus.

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