Seminar C: The Rule of Law in Post-Conflict Situations: Conflict Termination, Legitimacy, and Peace Building

2005 ◽  
Vol 9 (1) ◽  
pp. 237-240
Author(s):  
Lewis Bumgardner
Keyword(s):  
Rule Of Law ◽  
Peace Building ◽  
The Rule Of Law ◽  
Post Conflict ◽  
Conflict Situations ◽  
Conflict Termination

Building respect for the rule of law in violent contexts: The Office of the High Commissioner for Human Rights' experience and approach

2014 ◽  
Vol 96 (895-896) ◽  
pp. 881-900
Author(s):  
Annyssa Bellal
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Armed Conflicts ◽  
Social Rights ◽  
Concerted Action ◽  
Cultural Economic ◽  
The Rule Of Law ◽  
Post Conflict ◽  
Conflict Situations ◽  
High Commissioner

AbstractHow does the Office of the High Commissioner for Human Rights (OHCHR) discharge its mandate of “promoting and protecting the effective enjoyment by all of all civil, cultural, economic, political and social rights”, especially in armed conflicts and other situations of violence? What are its concrete responsibilities, and how does it work to generate respect for the rule of law on the ground? This article aims to provide an overview of OHCHR's activities, and point to some of the challenges associated with its work to generate respect for the rule of law, in particular in violent contexts. It begins with an overview of the unique mandate of OHCHR and situates it within the broader United Nations human rights machinery. It then gives an account of OHCHR's experience and approach in building respect for the rule of law, including in armed conflicts and post-conflict situations, outlining how this informs OHCHR's field setup. Finally, the article summarizes the main challenges that OHCHR faces in the discharge of its mandate. It highlights the need for more concerted action on the part of human rights/humanitarian protection organizations on the ground, despite differences in mandates and constituencies.

Leadership and the rule of law in conflict and post-conflict societies

2019 ◽  
Vol 15 (3) ◽  
pp. 130-136 ◽  
Author(s):  
Stéphane Jean
Keyword(s):  
Rule Of Law ◽  
Law Reform ◽  
Content Type ◽  
The Rule Of Law ◽  
Leadership Challenges ◽  
Post Conflict ◽  
Culture Shift ◽  
Conflict Situations ◽  
Difficult Challenge ◽  
Leadership Dimensions

Purpose The purpose of this paper is to explore the leadership dimensions in developing the rule of law. The paper considers the perspective from the United Nations, with the leadership tension is primarily seen from the prism of the rule of law. Design/methodology/approach This paper explores the leadership challenges in specific recent case studies. Findings The paper concludes that the most difficult challenge is a culture shift toward respect for the rule of law is required. The paper notes the importance of political leadership in developing consensus. Originality/value The challenge is that the implementation of rule of law reform is primarily a political endeavor that affects the balance of powers within the State. This need for leaders to develop the space for institutions advancing the rule of law is most certainly the case in, and exacerbated by, conflict and post-conflict situations.

Protection of human rights in the context of the development of the rule of law principle: The international aspect

2021 ◽  
Vol 28 (1) ◽  
pp. 32-42
Author(s):  
Oleh M. Omelchuk ◽  
Svitlana D. Hrynko ◽  
Alla M. Ivanovska ◽  
Anna L. Misinkevych ◽  
Viktoriia V. Antoniuk
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Annual Reports ◽  
International Level ◽  
International Treaties ◽  
The Rule Of Law ◽  
Post Conflict ◽  
Conflict Situations ◽  
European Court ◽  
Protection Of Human Rights

The consolidation of the principle of supremacy in international documents is described. It is established that the rule of law in the work of the UN has become a subject of constant discussion. It has gained significant momentum since 2007, establishing itself as one of the most important areas of the organisation. UN documents define the rule of law as a principle or as a sphere of activity of the Organisation and member countries. In their report, the UN Secretary-General divides the rule of law into three sectors: the rule of law at the international level, the rule of law in the context of conflict and post-conflict situations, and the rule of law in the context of long-term development. The UN Secretary-General’s annual reports continue to work to promote the rule of law at the national and international levels. UN activities and documents demonstrate that strengthening the rule of law at the international level is impossible without the promotion, observance, and implementation of international treaties, the settlement of disputes by peaceful means, and the protection of human rights that are inextricably linked to the rule of law principle. Areas of activity that strengthen the rule of law are identified. The content of the resolutions “ Rule of Law at the national and international levels” was analysed, based on the results of generalisation of the content and direction of the sessions of the General Assembly during the last fifteen years, the directions of activity within this framework were determined. The rule of law is recognised as one of the fundamental principles of the European Community and enshrined in its regional acts. The elements of the principle of the rule of law are identified based on the results of generalisation of the case law of the European Court of Human Rights. It is established that in the European region a great role in the development and interpretation of the concept of the rule of law is played by its judicial interpretation, which is engaged in by two international judicial institutions: the ECtHR and the European Court of Justice. The rule of law is represented in the work of the Organisation for Security and Co-operation in Europe (OSCE) and plays a significant role in the promotion and protection of human rights. A significant contribution to the development of regulations for the implementation of the rule of law at the international level was made by the International Non-Governmental Organisation “World Justice Project”, which developed in 2010 the Rule of Law Index. The indicators of measuring the rule of law index in the country are characterised and their analysis in the dynamics at the international level and the distribution of the rule of law index by factors in Ukraine

Peacekeeping and the Sexual Exploitation of Women and Girls in Post-Conflict Societies: A Serious Enigma to Establishing the Rule of Law

2010 ◽  
Vol 14 (1-2) ◽  
pp. 184-212 ◽  
Author(s):  
Claire Morris
Keyword(s):  
Rule Of Law ◽  
Organized Crime ◽  
Sexual Exploitation ◽  
Peace Building ◽  
Situational Analysis ◽  
Gender Based Violence ◽  
The Rule Of Law ◽  
Post Conflict ◽  
Women And Girls ◽  
Gender Based

The article discusses the exploitation of women and girls by peacekeepers and its effect on efforts to establish the rule of law in a post-conflict situation. It provides a situational analysis of the problem, examining the issue from rights-based, stabilization, and organized crime perspectives. It considers the rule of law mandate of modern peace-building operations, including the ability of peacekeepers to help combat trafficking and the sexual exploitation of women and girls. It proposes a solution to tackling gender-based violence, trafficking and exploitation in the establishment of the rule of law through accountability and domestic capacity-building. The work of committed peace-builders is critical to achieving this goal.

The Conflictual Promises of the United Nations' Rule of Law Agenda: Challenges for Post-Conflict Societies

2009 ◽  
Vol 13 (1-2) ◽  
pp. 131-158 ◽  
Author(s):  
Stéphanie Vig
Keyword(s):  
United Nations ◽  
Rule Of Law ◽  
Local Authority ◽  
International Norms ◽  
Peace Building ◽  
The Rule Of Law ◽  
Post Conflict ◽  
The United Nations ◽  
National Ownership

AbstractThe role of UN missions in post-conflict societies has progressed through peace-keeping and peace-making to a more recent emphasis on peace-building. To accompany this new focus, the UN has articulated a rule of law agenda, two central components of which are promoting international norms and standards and facilitating national ownership. This paper explores the self-sanctioned role the UN has awarded itself in promoting the rule of law in post-conflict societies by exploring each one of these two central components and their interaction.Meritorious in their own right, the potential of these two components of the rule of law agenda may position the UN in situations where both cannot be satisfied contemporaneously. In implementing its rule of law agenda, the United Nations will likely come to face the prospect of a local authority seeking to differ from international norms and standards. In such circumstances, the UN's rule of law agenda makes conflictual promises. The choices and prioritization that the UN will be called upon to make in such circumstances will reveal much about how it conceptualizes its role in promoting the rule of law in post-conflict societies. This paper seeks to delineate the nature of the choices confronting the United Nations in pursuit of its rule of law agenda.

Transitional justice and sanctions

2008 ◽  
Vol 90 (870) ◽  
pp. 371-398 ◽  
Author(s):  
Eric Sottas
Keyword(s):  
Rule Of Law ◽  
Transitional Justice ◽  
Institutional Changes ◽  
The Rule Of Law ◽  
Post Conflict ◽  
Conflict Situations ◽  
The Relationship

AbstractTransitional justice aims at once to restore victims' dignity, build confidence between warring groups and foster the institutional changes needed to bring about a new relationship within the population, in order to usher in the rule of law without endorsing practices that amount to total or partial impunity. In situations of post-conflict, however, governments are also faced with other pressing needs, such as disarming fighting forces, improving civilian security, compensating victims and relaunching the economy of a society in ruins. This article explores the relationship between these needs and transitional justice mechanisms, and critically evaluates their influence on the forms justice has taken in post-conflict situations.

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