Securitisation, Sectorisation and Goal Displacement: Rule of Law Assistance in UN Peace Operations

2016 ◽  
Author(s):  
Richard Sannerholm
Keyword(s):  
Rule Of Law ◽  
Peace Operations ◽  
Goal Displacement

Juggling Several Balls at Once

2021 ◽  
Vol 27 (4) ◽  
pp. 493-516
Author(s):  
Grace Mueller ◽  
Paul F. Diehl ◽  
Daniel Druckman
Keyword(s):  
Cold War ◽  
Rule Of Law ◽  
Democratic Republic ◽  
Peace Operations ◽  
Early Failure ◽  
Republic Of The Congo ◽  
The Cold War

Abstract Peacekeeping during the Cold War was primarily, and in some cases exclusively, charged with monitoring cease-fires. This changed significantly, as peace operations evolved to include other missions (e.g., rule of law, election supervision), many under the rubric of peacebuilding. What is lacking is consideration of how the different missions affect one another, simultaneously and in sequences. This study addresses that gap by looking at the interconnectedness of missions and their success in the UN Organization Mission in the Democratic Republic of the Congo (MONUC), which was mandated to perform eight different missions over a decade. The article examines success or failure in each of those missions and how they relate to one another guided by theoretical logics based on the “security first” hypothesis and mission compatibility expectations. Early failure to stem the violence had negative downstream consequences for later peacebuilding missions. Nevertheless, MONUC’s election supervision mission was successful.

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.

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