UN peace operations, INGOs, NGOs, and promoting the rule of law: exploring the intersection of international and local norms in different postwar contexts

2003 ◽  
Vol 2 (3) ◽  
pp. 359-377 ◽  
Author(s):  
Beatrice Pouligny
Keyword(s):  
Rule Of Law ◽  
Peace Operations ◽  
The Rule Of Law ◽  
Local Norms

scholarly journals POLA HARMONISASI BUDAYA DALAM SISTEM KOMUNIKASI HUKUM SEBAGAI USAHA PENEGAKAN HUKUM

2015 ◽  
Vol 44 (4) ◽  
pp. 484
Author(s):  
Fitriati Fitriati
Keyword(s):  
Qualitative Research ◽  
Law Enforcement ◽  
Pattern Formation ◽  
Rule Of Law ◽  
Communication Systems ◽  
Legal Knowledge ◽  
State Law ◽  
Pluralistic Society ◽  
The Rule Of Law ◽  
Local Norms

Conflict and lawlessness often occurs in the community due to the inability to communicate the problems that occur in the middle of them and the lack of legal knowledge. The method used is qualitative research. The results showed the rule of law in a pluralistic society is still oriented to the planting of the value of local norms. Society tends to adhere to local rules that exist with diversity than comply with state law. Harmonization of pattern formation in the culture of communication systems for law enforcement can be done with a mixture of culture in a pluralistic society. Effect seen with the pattern of cultural harmonization is the use of legal communications become more effective in terms of law enforcementKonflik dan pelanggaran hukum kerap terjadi pada masyarakat dikarenakan ketidakmampuan  untuk mengkomunikasikan masalah yang terjadi di tengah mereka dan kurangnya pengetahuan hukum. Metode penelitian yang digunakan adalah penelitian  kualitatif. Hasil penelitian menunjukan penegakan hukum pada masyarakat pluralistik  masih berorientasi pada penanaman nilai norma lokal. Masyarakat cenderung mematuhi aturan lokal yang ada dengan keberagamannya dibandingkan mematuhi hukum negara. Pembentukan pola harmonisasi budaya dalam sistem komunikasi hukum guna penegakan hukum dapat dilakukan dengan perbauran budaya pada masyarakat pluralistik. Pengaruh yang terlihat  dengan adanya  pola harmonisasi budaya adalah pengunaan komunikasi hukum menjadi lebih efektif  dalam hal penegakan hukum

Informal Justice and United Nations Peace Operations

2013 ◽  
Vol 10 (1) ◽  
pp. 166-192
Author(s):  
Bruce Oswald
Keyword(s):  
United Nations ◽  
Rule Of Law ◽  
Peace Operations ◽  
The Rule Of Law ◽  
Informal Justice ◽  
Peacekeeping Operations ◽  
Serious Crime ◽  
Un Peacekeeping ◽  
Military Members ◽  
Justice Systems

This paper seeks to address how UN military members undertaking UN peacekeeping operations should engage with customary or informal justice systems that they encounter. The relevant guidance that exists suggests that, as a policy matter, informal justice systems should not be allowed to deal with matters of serious crime because of the danger they may violate basic rights, and because dealing with serious crime is a key prerogative of the state. However, there is a growing movement away from adopting a unitary, state-centric rule of law orthodoxy approach, towards viewing the rule of law from the perspective of legal pluralism. Using that perspective, and in acknowledging that military members of UN peace operations are highly likely to be confronted by informal justice systems during peace operations, this paper maps three principles that UN military members should apply when dealing with informal justice systems in the context of UN peace operations: giving due regard to applicable informal justice systems, maintaining oversight of the application of informal justice norms and practices, and avoiding corrupting informal justice systems.

The Rule of Law in Peace and Capacity Building Operations: Moving beyond a Conventional State-Centred Imagination

2009 ◽  
Vol 13 (3-4) ◽  
pp. 267-293 ◽  
Author(s):  
Charles Hunt ◽  
Bryn Hughes
Keyword(s):  
United Nations ◽  
Capacity Building ◽  
Rule Of Law ◽  
Peace Operations ◽  
The Rule Of Law ◽  
The United Nations ◽  
International Interventions

AbstractAlthough the 'rule of law' is now widely recognised as indispensable to effective peace operations, its delineation remains elusive. Researchers contest its substance while those most responsible for its implementation (e. g. the United Nations) promulgate only abstract notions needed to inform detailed decisions. At its worst, this means that competing reform activities undermine each other, making long term success less likely. The questions we address are about the deficiencies in how rule of law is conceived. Particular attention is paid to the little recognised assumption that the Weberian state ideal corresponds to the societies on the receiving end of international interventions. After a review of extant academic and practitioner viewpoints, we set out a postWeberian framework which expands the dominant imagination to include non-state rule of law 'providers'. We argue that the optimum sources for immediate yet sustainable rule of law solutions may often be those which bear little resemblance to the conventional state-based providers that populate mainstream conceptions.

Securing the Rule of Law through un Peace Operations in Liberia

2014 ◽  
Vol 18 (1) ◽  
pp. 217-248
Author(s):  
Shane Chalmers ◽  
Jeremy Farrall
Keyword(s):  
United Nations ◽  
Rule Of Law ◽  
Second Law ◽  
Peace Operations ◽  
Security Sector ◽  
The Rule Of Law ◽  
Dependent Relationship ◽  
The United Nations

In this article, we examine how the tension between justice and force informs the efforts of the United Nations (un) to promote the rule of law through its peace operations. We begin by showing how the un’s discourse of ‘securing peace’ has three antagonistic propositions holding it together in a combustible way. The propositions are: first, peace contains the force of war; second, law contains the force of peace; and third, justice contains the force of law. With the antagonistic arrangement of these propositions in mind, we then show how the un has developed two contrasting approaches to promoting the rule of law through its peace operations, which we describe as its ‘aspirational’ and ‘operational’ visions of the rule of law. The aspirational vision combines the need for an effective and accountable security sector with a focus on the substantive requirements of justice, thus aspiring to bring all three propositions together in the rule of law. By contrast, the un’s operational vision prioritizes security, stability and order, thus losing sight of the importance of justice. We demonstrate this divergence between the un’s aspirational and operational visions through a study of the un’s peace operations in Liberia between 1993 and 2014, with a focus on the rule of law promotion activities of the un Mission in Liberia (unmil). We argue that the un’s efforts to promote the rule of law through its peace operations risk establishing the conditions for a state of tyranny if they lose sight of the antagonistic but co-dependent relationship between justice and force. The challenge is to prioritize the requirements of force and justice at the same time. While this will not resolve their antagonistic relationship, it has the virtue of acknowledging their co-dependency as an uncomfortable yet unavoidable condition of a state based on the rule of law.

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