A key contention of the transitional justice movement is that the more comprehensive and vigorous the effort to bring justice to a departed authoritarian regime the better the democratizing outcome will be. This essay challenges this view with empirical evidence from the Iberian Peninsula. In Portugal, a sweeping policy of purges intended to cleanse the state and society of the authoritarian past nearly derailed the transition to democracy by descending into a veritable witch-hunt. In Spain, by contrast, letting bygones be bygones, became a foundation for democratic consolidation. These counter-intuitive examples suggest that there is no pre-ordained outcome to transitional justice, and that confronting an evil past is neither a requirement nor a pre-condition for democratization. This is primarily because the principal factors driving the impulse toward justice against the old regime are political rather than ethical or moral. In Portugal, the rise of transitional justice mirrored the anarchic politics of the revolution that lunched the transition to democracy. In Spain, the absence of transitional justice reflected the pragmatism of a democratic transition anchored on compromise and consensus.
Kosovo: Four Futures
The recent opinion by the International Court of Justice on the legality of Kosovo’s declaration of independence has not provided a definitive answer to Kosovo’s status. The International community remains divided. For this reason, a political solution will need to be found. Possible scenarios for the future of Kosovo include continuation of the status quo; enforcing Pristina’s full authority across all of Kosovo; partition or partial territorial readjustment between Kosovo and Serbia; or some form of extended autonomy for northern Kosovo. While each of the models has its advantages and drawbacks, on balance the case for some form of extensive autonomy or a territorial readjustment remain the most compelling options for resolving the conflict in a manner most acceptable to Belgrade and Pristina, and which would open the way for Kosovo to gain wider, if not full, international acceptance.
The ideological roots of failure: the application of kinetic neo-liberalism to Iraq
Reclaiming Afghanistan: Moving Toward Nationhood?
International sanctions or international justice? Shaping political development in Myanmar
Security Sector Reform and Transitional Justice in Kosovo: Comparing the Kosovo Security Force and Police Reform Processes
Transitional justice and security sector reform are critical in post-conflict settings, particularly regarding the reform of judicial systems, intelligence services, police, correctional systems, the military, and addressing systemic massive human rights abuses committed by individuals representing these institutions. Accordingly, the relationship between security sector reform and transitional justice mechanisms, such as vetting, the representation of ethnic minorities in key institutions, the resettlement and reintegration of the former combatants deserve special attention from scholars. This article presents a comparative analysis of the reform of police and security forces in Kosovo, and explores the causes of different outcomes of these two processes.
Reconstructing Iraq’s economy
To establish even a marginally functioning economy out of the wreckage of Iraq would have been a daunting task. Despite decades of a heavily controlled, state-run economy; the deterioration caused by a succession of wars; a decade of international sanctions; and the looting and sabotage that followed the 2003 war, the U.S. government set its sights high after toppling Saddam Hussein: to create a liberal, market-based Iraqi economy, a key piece of its broader goal to bring democracy to Iraq.
Votes and Violence: Evidence from a Field Experiment in Nigeria
Elections are now common in low-income societies. However, they are frequently flawed. We investigate a Nigerian election marred by violence. We designed and conducted a nationwide field experiment based on anti-violence campaigning. The campaign appealed to collective action through electoral participation, and worked through town meetings, popular theatres and door-to-door distribution of materials. We find that the campaign decreased violence perceptions and increased empowerment to counteract violence. We observe a rise in voter turnout and infer that the intimidation was dissociated from incumbents. These effects are accompanied by a reduction in the intensity of actual violence, as measured by journalists.
Greed and Grievance in Civil War
May 2000 Of the 27 major armed conflicts that occurred in 1999, all but two took place within national boundaries. As an impediment to development, internal rebellion especially hurts the world’s poorest countries. What motivates civil wars? Greed or grievance? Collier and Hoeffler compare two contrasting motivations for rebellion: greed and grievance. Most rebellions are ostensibly in pursuit of a cause, supported by a narrative of grievance. But since grievance assuagement through rebellion is a public good that a government will not supply, economists predict such rebellions would be rare. Empirically, many rebellions appear to be linked to the capture of resources (such as diamonds in Angola and Sierra Leone, drugs in Colombia, and timber in Cambodia). Collier and Hoeffler set up a simple rational choice model of greed-rebellion and contrast its predictions with those of a simple grievance model. Some countries return to conflict repeatedly. Are they conflict-prone or is there a feedback effect whereby conflict generates grievance, which in turn generates further conflict? The authors show why such a feedback effect might be present in both greed-motivated and grievance rebellions. The authors’ results contrast with conventional beliefs about the causes of conflict. A stylized version of conventional beliefs would be that grievance begets conflict, which begets grievance, which begets further conflict. With such a model, the only point at which to intervene is to reduce the level of objective grievance. Collier and Hoeffler’s model suggests that what actually happens is that opportunities for predation (controlling primary commodity exports) cause conflict and the grievances this generates induce dias-poras to finance further conflict. The point of policy intervention here is to reduce the absolute and relative attraction of primary commodity predation and to reduce the ability of diasporas to fund rebel movements. This paper – a product of the Development Research Group – is part of a larger effort in the group to study civil war and criminal violence
Does Bosnia Need a Truth and Reconciliation Commission? Some Reflections on its Possible Design
The ICTY and Reconciliation in Croatia. A Case Study of Vukovar
When Peacebuilding Contradicts Statebuilding: Notes from the Arid Lands of Kenya
Local peace initiatives have been introduced in post-conflict settings in aid of statebuilding processes. However, contradictions in such efforts that undermine the state become apparent in a development context when government institutions are, generally, functioning. Peacebuilding initiatives in the arid lands of Kenya are a good example of this. While they have proved successful in resolving conflicts at the local level, they challenge the state structure in three ways. First, some of their features run counter to the official laws of Kenya and jeopardize the separation of powers. Second, they pose a dilemma, since their success and legitimacy are based on grassroots leadership and local concepts of justice. Both can be at odds with democratic decision-making, inclusiveness and gender equity. Third, they provide yet another tool for abuse by politicians and other local leaders. This reveals a dilemma: aspects of peacebuilding can actually undermine a statebuilding endeavour.
Justice Versus Peace in Northern Kenya
The conflicting relationship between peace and justice is frequently debated in the field of transitional justice. The obligation to prosecute serious crimes can contradict the measures necessary to reestablish peace among society. The predicament gives rise to a similar, though less obvious, challenge in many developing countries, where the formal justice system can be at odds with conflict management initiatives. Often, due to their inaccessibility or
incompatibility with local socio-cultural norms, official justice institutions in developing countries do not fully penetrate the whole of society. In response, conflict management and peacebuilding initiatives have proven to be more flexible and responsive to socio-political realities. While such initiatives may be more efficient in reestablishing the peace between communities in conflict, they may contradict the official law. Current policy efforts and practices in the arid lands of Kenya illustrate this dilemma. Official justice institutions have proven too weak or ill-suited to prevent or resolve conflicts between local communities. To address the prevailing tensions, local ad hoc peace initiatives have developed, which operate on the basis of local norms and include local stakeholders. Given their relative success, some high level state agents have embraced the initiatives. The Office of the President is currently drafting a national policy framework on conflict management and peacebuilding, which is in part based on the experiences in the arid lands. Such a policy framework will ultimately have to deal with a similar dilemma known from the field of
transitional justice: a decision between the establishment of peace and the application of formal justice may be required.
Understanding Civil War : Evidence and Analysis, Volume 1. Africa
The two volumes of Understanding Civil War build upon the World Bank’s prior research on conflict and violence, particularly on the work of Paul Collier and Anke Hoeffler, whose model of civil war onset has sparked much discussion on the relationship between conflict and development in what came to be known as the “greed” versus “grievance” debate. The authors systematically apply the Collier-Hoeffler model to 15 countries in 6 different regions of the world, using a comparative case study methodology to revise and expand upon economic models of civil war. (The countries selected are Burundi, Congo, Democratic Republic of Congo, Nigeria, Kenya, Mozambique, Sudan, Algeria, Mali, Senegal, Indonesia, Lebanon, Russian Federation, Colombia, Northern Ireland, Bosnia-Herzegovina, Macedonia, and the Caucasus.) The book concludes that the “greed” versus “grievance” debate should be abandoned for a more complex model that considers greed and grievance as inextricably fused motives for civil war.
Understanding Civil War : Evidence and Analysis, Volume 2. Europe, Central Asia, and Other Regions
The two volumes of Understanding Civil War build upon the World Bank’s prior research on conflict and violence, particularly on the work of Paul Collier and Anke Hoeffler, whose model of civil war onset has sparked much discussion on the relationship between conflict and development in what came to be known as the “greed” versus “grievance” debate. The authors systematically apply the Collier-Hoeffler model to 15 countries in 6 different regions of the world, using a comparative case study methodology to revise and expand upon economic models of civil war. (The countries selected are Burundi, Congo, Democratic Republic of Congo, Nigeria, Kenya, Mozambique, Sudan, Algeria, Mali, Senegal, Indonesia, Lebanon, Russian Federation, Colombia, Northern Ireland, Bosnia-Herzegovina, Macedonia, and the Caucasus.) The book concludes that the “greed” versus “grievance” debate should be abandoned for a more complex model that considers greed and grievance as inextricably fused motives for civil war.
Gender, Representation and Power-Sharing in Post-Conflict Institutions
The article sketches the tension between power-sharing as a form of conflict resolution and the implementation of WPS norms in peace processes. It begins with an exploration of each process, before considering how the cases have broached the relationship between power-sharing and women’s representation.
The Trauma of Truth Telling: Effects of Witnessing in the Rwandan Gacaca Courts on Psychological Health
Truth telling has come to play a pivotal role in postconflict reconciliation processes around the world. A common claim is that truth telling is healing and will lead to reconciliation. The present study applies recent psychological research to this issue by examining whether witnessing in the gacaca, the Rwandan village tribunals for truth and reconciliation after the 1994 genocide, was beneficial for psychological health. The results from the multistage, stratified cluster random survey of 1,200 Rwandans demonstrate that gacaca witnesses suffer from higher levels of depression and PTSD than do nonwitnesses, also when controlling for important predictors of psychological ill health. Furthermore, longer exposure to truth telling has not lowered the levels of psychological ill health, nor has the prevalence of depression and PTSD decreased over time. This study strongly challenges the claim that truth telling is healing and presents a novel understanding of the complexity of truth-telling processes in postconflict peace building.
Peace Stillborn? Guatemala’s Liberal Peace and the Indigenous Movement
Rushing to the Polls: The Causes of Premature Postconflict Elections
Revenge and reprisal violence in Kosovo
How to Assess Social Reintegration of Ex-Combatants
The social reintegration of ex-combatants is one of the most critical aspects of peacebuilding processes. However, contrary to economic reintegration in which it would be possible to set up some quantitative indicators in terms of accessing vocational training opportunities, employment and livelihoods income for the assessment of success, social reintegration is an intangible outcome. Therefore, what constitutes a successful social reintegration and how it could be assessed continues to be the challenge for both academics and practitioners. This article will undertake an investigation of the preliminary parameters of social reintegration at the macro, meso and micro levels in order to identify a set of indicators for programme assessment. A nuanced understanding of ex-combatant reintegration is expected to allow the development of context-based indicators according to the specific characteristics of that particular environment. The article also recommends the use of participatory research methods as they would be more appropriate for the measurement of social reintegration impact.
Gender, Conflict, and Development
This book highlights the gender dimensions of conflict, organized around major relevant themes such as female combatants, sexual violence, formal and informal peace processes, the legal framework, work, the rehabilitation of social services and community-driven development. It analyzes how conflict changes gender roles and the policy options that might be considered to build on positive aspects while minimizing adverse changes. The suggested policy options and approaches aim to take advantage of the opportunity afforded by violent conflict to encourage change and build more inclusive and gender balanced social, economic and political relations in post-conflict societies. The book concludes by identifying some of the remaining challenges and themes that require additional analysis and research.
The European Union’s role in the Palestinian Territories: state-building through Security Sector Reform?
Non-discriminatory Rules and Ethnic Representation: The Election of the Bosnian State Presidency
The electoral system for the state presidency of Bosnia and Herzegovina guarantees the representation of the three constituent people, Bosniaks, Serbs and Croats, but it violates the political rights of other ethnic minorities and of citizens who do not identify themselves with any ethnic group. Following the 2009 judgment of the European Court of Human Rights, Bosnia was urged to reform its electoral law. This paper discusses alternative practices of ethnically based political representation and their possible application in the Bosnian state presidency elections. Several innovative electoral models that satisfy fair political and legal criteria for desirable electoral dynamics in divided societies can be envisaged in the Bosnian context. Specifically, these are: the introduction of a single countrywide electoral district, the adoption of the single non-transferable vote, and the application of a geometrical mean rule. They guarantee the representation of the three constituent people, while strengthening inter-ethnic voting and giving chances to non-nationalist candidates to be elected.
This article introduces a new dataset on post-conflict justice (PCJ) that provides an overview of if, where, and how post-conflict countries address the wrongdoings committed in association with previous armed conflict. Motivated by the literature on post-conflict peacebuilding, we study justice processes during post-conflict transitions. We examine: which countries choose to implement PCJ; where PCJ is implemented; and which measures are taken in post-conflict societies to address past abuse. Featuring justice and accountability processes, our dataset focuses solely on possible options to address wrongdoings that are implemented following and relating to a given armed conflict. These data allow scholars to address hypotheses regarding justice following war and the effect that these institutions have on transitions to peace. This new dataset includes all extrasystemic, internationalized internal, and internal armed conflicts from 1946 to 2006, with at least 25 annual battle-related deaths as coded by the UCDP/PRIO Armed Conflict Dataset. The post-conflict justice (PCJ) efforts included are: trials, truth commissions, reparations, amnesties, purges, and exiles. By building upon the UCDP/PRIO Armed Conflict Dataset, scholars interested in PCJ can include variables regarding the nature of the conflict itself to test how PCJ arrangements work in different environments in order to better address the relationships between justice, truth, and peace in the post-conflict period.
The Birth of South Sudan and the Challenges of Statebuilding
Bringing More Effective Governance to Afghanistan: 10 Pathways to Stability
World Development Report 2011 : Conflict, Security, and Development
The 2011 World development report looks across disciplines and experiences drawn from around the world to offer some ideas and practical recommendations on how to move beyond conflict and fragility and secure development. The key messages are important for all countries-low, middle, and high income-as well as for regional and global institutions: first, institutional legitimacy is the key to stability. When state institutions do not adequately protect citizens, guard against corruption, or provide access to justice; when markets do not provide job opportunities; or when communities have lost social cohesion-the likelihood of violent conflict increases. Second, investing in citizen security, justice, and jobs is essential to reducing violence. But there are major structural gaps in our collective capabilities to support these areas. Third, confronting this challenge effectively means that institutions need to change. International agencies and partners from other countries must adapt procedures so they can respond with agility and speed, a longer-term perspective, and greater staying power. Fourth, need to adopt a layered approach. Some problems can be addressed at the country level, but others need to be addressed at a regional level, such as developing markets that integrate insecure areas and pooling resources for building capacity Fifth, in adopting these approaches, need to be aware that the global landscape is changing. Regional institutions and middle income countries are playing a larger role. This means should pay more attention to south-south and south-north exchanges, and to the recent transition experiences of middle income countries.
Recent Bank Support for Civil Service Reconstruction in Post-Conflict Countries
Civil service reconstruction is important in post-conflict countries because conflict erodes institutions and civil service capacity. And because successful reconstruction-in all sectors -requires domestic capacity to implement projects, a weak civil service undermines overall reconstruction efforts. Moreover, donor assistance is crucial to a country’s rebuilding, and coordinating such assistance requires a certain amount of civil service capacity. In addition, the Bank has found that country ownership is essential for successful projects. But country ownership can be jeopardized if international agencies and nongovernmental organizations (NGOs) dominate reconstruction efforts, overwhelming states already weakened by conflict. Civil service reconstruction offers an opportunity to start anew, with little of the resistance to civil service reform often encountered from politicians and civil servants. It allows good practices to be instilled from the outset-without having to undo bad ones.
The Conflict Analysis Framework (CAF) : Identifying Conflict-Related Obstacles to Development
The Conflict Analysis Framework (CAF), developed by the CPR Unit, aims to integrate sensitivity to conflict in Bank assistance, and to help Bank teams consider factors affecting both conflict and poverty when formulating development strategies, policies, and programs. Conflict sensitive approaches that take account of problem areas and potential sources of conflict may help to prevent the onset, exacerbation, or resurgence of violent conflict.
Colombia Essays on Conflict, Peace, and Development
A purpose of this book is to present recent World Bank analytical work on the causes of violence and conflict in Colombia, highlighting pilot lending programs oriented to promote peace and development. The Bank’s international experiences in post-conflict situations in different countries and their relevance for Colombia are also examined in this volume. The identification of socio-economic determinants of conflict, violence, and reforms for peace came about as a key element of the Bank’s assistance strategy for Colombia, defined in conjunction with government authorities and representatives of civil society. This report is organized as follows: After the introductory chapter, Chapter 2 provides a conceptual framework for understanding a broad spectrum of political, economic, and social violence issues; identifies the role played by both the country’s history and the unequal access to economic and political power in the outbreak and resilience of political violence; and examines as costs of violence the adverse impact on Colombia’s physical, natural, human, and social capital. Chapter 3 analyzes the costs of achieving peace and its fiscal implications; and indicates that exclusion and inequality rather than poverty as the main determinants of violence and armed conflict. Chapter 4 reviews the Bank’s experience in assisting countries that are experiencing, or have already overcome, domestic armed conflict. The authors illustrate the relevance of these cases for Colombia.
Gender, conflict, and peace-building: how conflict can catalyse positive change for women
The economic benefits of justice: Post-conflict justice and foreign direct investment
Civil War, Reintegration, and Gender in Northern Uganda
What are the impacts of war on the participants, and do they vary by gender? Are ex-combatants damaged pariahs who threaten social stability, as some fear? Existing theory and evidence are both inconclusive and focused on males. New data and a tragic natural quasi-experiment in Uganda allow us to estimate the impacts of war on both genders, and assess how war experiences affect reintegration success. As expected, violence drives social and psychological problems, especially among females. Unexpectedly, however, most women returning from armed groups reintegrate socially and are resilient. Partly for this reason, postconflict hostility is low. Theories that war conditions youth into violence find little support. Finally, the findings confirm a human capital view of recruitment: economic gaps are driven by time away from civilian education and labor markets. Unlike males, however, females have few civilian opportunities and so they see little adverse economic impact of recruitment.
The liberal dilemmas of a people-centred approach to state-building
Iraq since 2003: Perspectives on a Divided Society
While political accommodation and the passage of time may heal the wounds in Iraqi society, it is just as likely that the lack of real reconciliation will undermine the political process.
Iraq: Back to the Future
The world breathed a sigh of relief at the announcement of a new Iraqi government on 21 December 2010. After nine months of wrangling following the 7 March elections, Prime Minister Nuri al-Maliki finally engineered a deal that kept him in place at the head of a 42-person cabinet. Maliki was unable to name a full coterie of ministers; ten of the portfolios, including the main security ministries, are being managed on a temporary basis by other ministers until permanent nominations are made. Nevertheless, approval of the cabinet brought to an end a crisis that left the political system in limbo and saw a deterioration of the security situation.
But now the deed is done, a much bigger question looms: will the government be able to manage Iraq, stabilise the country further and heal the internal divisions that threaten its long-term security?
Equality Matters: Negotiating an End to Civil Wars
COIN In PeaceBuilding
Filling the “Security Gap” in Post-conflict Situations: Could Formed Police Units Make a Difference?
The increased sophistication of peacekeeping missions has inevitably expanded the roles of all actors in the field particularly the military who have to play law enforcement functions, in addition to their traditional role, until civilian police are deployed. This essay discusses the consequences of the military role as law enforcers in conflict situations. The author proposes the concept of Formed Police Units (FPUs) to close the security gap that arises in these cases.
Reparations and Reconciliation in the Aftermath of Civil War
The Demand for Reparations: Grievance, Risk, and the Pursuit of Justice in Civil War Settlement
In analyzing peace processes in postconflict societies, scholars have primarily focused on the impact of prosecutions, truth-telling efforts, and reconciliation strategies, while overlooking the importance of individual demands for reparations. The authors argue that normative explanations of why reparations are granted in the aftermath of regime change are useful in understanding a need for reconciliation, but inadequate for explaining victim demands for compensation. The authors extend this research to study civil war settlement. In the aftermath of civil war, when some form of reparation is offered giving individuals the opportunity to seek redress of grievances, what types of loss and political and socioeconomic characteristics are likely to lead some individuals to apply for reparations but not others? Using primary data, collected through a public opinion survey in Nepal, the authors investigate individual-level demand for reparations. The findings suggest that understanding loss and risk factors may be important to civil war settlement and reconciliation.
Post-Conflict Ambon: Forced Migration and the Ethno-Territorial Effects of Customary Tenure
The Future of Security Sector Reform
When States Fail: Causes and Consequences
The Road to Peace in Ireland
Afghanistan’s 2007 Environment Law
Fragile States: Securing Development
Fragile states are the toughest development challenge of our era. But we ignore them at our peril: about one billion people live in fragile states, including a disproportionate number of the world’s extreme poor, and they account for most of today’s wars. These situations require a different framework of building security, legitimacy, governance, and the economy. Only by securing development – bringing security and development together to smooth the transition from conflict to peace and then to embed stability so that development can take hold – can we put down roots deep enough to break the cycle of fragility and violence. Currently, we face critical gaps in our international capabilities to secure development. We need to better integrate military, political, legal, developmental, financial and technical tools with a variety of actors, from states to international organisations, civil society, and the private sector. Beyond assistance, we need new networked relationships between peacekeeping forces and development practitioners, and a new approach to security, to help the people in fragile states shift from being victims to principal agents of recovery.
Redefining the Laws of Occupation in the Wake of Operation Iraqi Freedom
This comment presents a three-part analysis that ultimately critiques and redefines occupation law to prevent a repetition of the failures that transpired in the wake of Operation Iraqi Freedom. Section One lays out the fundamental provisions of the conservative laws of occupation as embodied in the Hague Regulations and Geneva Conventions as well as the U.S. Army Field Manual. It also discusses the growing trend towards humanitarian intervention and the need for transformative occupation to ensure a successfully stable post- war state. Section Two uses the tenets of occupation law as outlined in Section One to describe the dire consequences of the Coalition’s breach of this body of law, through its actions that revamped the administrative, political, economic, and legal structures of the state. Section Three uses the analysis of Section Two to demonstrate that the conservative laws of occupation are inadequate and need to be redefined. This Section lays out the “exceptional” circumstances for a non-U.N. mandated intervention. It then proposes a revision to occupation law that seeks to incorporate human rights law, as well as additional considerations derived from post- war Iraq, to formulate a modified and modernized legal regime “under a new umbrella labeled jus post bellum.”
Law and Order in an Emerging Democracy: Lessons from the Reconstruction of Kosovo’s Police and Justice Systems
Refugees and Internally Displaced: A Challenge to Nation-Building
The purpose of this Article is to explore the interdependent relationship between post-conflict nationbuilding on the one hand, and refugee repatriation and intrastate reintegration of IDPs on the other. In Part II, the governing legal framework will be outlined with an emphasis on the consequences to refugees and IDPs of nation-building efforts. Part III will demonstrate that repatriation and reintegration are critical to the success of any nation-building enterprise. As will be described in more detail, although the motivations of post-conflict countries of origin and neighboring host states may differ with respect to repatriation and reintegration, the common goal of regional stability serves to align these stakeholders’ otherwise divergent interests. Finally, Part IVwill conclude that nation-building actors must take seriously their responsibility to implement the policies of repatriation and reintegration by (1) understanding and abiding well-established international law norms; (2) establishing the rule of law and stabilizing governmental structures; (3) providing for the return of property and legal status to repatriated refugees; and (4) planning for reintegration and repatriation on the local level to leverage existing family and social networks.
Back-pedalling in Iraq: Lessons Unlearned
This article analyses which of the major lessons learned from previous experiences in nation building have been applied or ignored in Iraq. It focuses on the first six months of the post-combat period, a time frame generally recognised as being critical for laying the foundations for a stable and democratic future. A review of previous cases points to six lessons that, in fact, have been unlearned, and only two that have been realised in this initial phase in Iraq.
Deterrence, Democracy, and the Pursuit of International Justice
Structural Causes, Development Co-operation and Conflict Prevention in Burundi and Rwanda
This article examines in turn the four main pillars of the international peacekeeping agenda (security, development, good governance and justice) in Burundi and Rwanda. Each section reviews the scholarly and policy debates about these dimensions of external engagement prior to the civil wars that ravaged both countries. Next, they analyse the post-conflict approaches used by the international community (after 1994 in Rwanda and since 2000-05 in Burundi. The concluding section draws together key lessons about the interactions between poverty, governance, violence and international assistance in Burundi and Rwanda. They bring into sharp focus the limits that development co-operation faces in shaping these issues.
Peacekeeping in the Democratic Republic of Congo: Waging Peace and Fighting War
The UN peacekeeping mission in the Democratic Republic of Congo (MONUC) has been derided as one of the world’s least effective peacekeeping forces. This article assesses its performance by using two indicators: mandate implementation and the reduction of human suffering. The analysis shows that effective peacekeeping in the Democratic Republic of Congo (DRC) has been hampered by two major problems. First, MONUC has had a struggle with, and inconsistent approach to, the vague concept of ‘robust peacekeeping’. During key moments of the peace process, it tried to wage peace when it should have used force. Second it failed to adapt to a dynamic conflict environment. Both problems were underpinned by flawed assumptions about the peace process, the behaviour of local actors and the presumed benefits of ‘post-conflict’ elections.
Statebuilding and Justice Reform
The article analyses peacebuilding theories and methods, as applied to justice system reform in post-conflict scenarios. In this respect, the international authorities involved in the reconstruction process may traditionally choose between either a ‘dirigiste’ or a consent-based approach, representing the essential terms of reference of past interventions. However, features common to most reconstruction missions, and relatively poor results, confirm the need for a change in the overall strategy. This requires international donors to focus more on the demand for justice at local levels than on the traditional supply of financial and technical aid for reforms. The article stresses the need for effectively promoting the local ownership of the reform process, without this expression being merely used by international actors as a political umbrella under which to protect themselves from potential failures.
Striking the Right Balance: How to Rebuild the Afghan National Police
A well-trained, professional police force dedicated to upholding the rule of law and trusted by the population is essential to fighting the insurgency in Afghanistan and creating stability. However, the police programmes in Afghanistan have often been dominated by different national agendas and hampered by too few resources and lack of strategic guidance. These issues pose an enormous challenge for the Afghan government and the international community in rebuilding the police. This article argues that it is imperative that the international effort strike a balance between the short-term needs of fighting an insurgency and the long-term needs of establishing an effective sustainable policing capability when building up the police force; and that the process must not be subject merely to satisfying current security challenges or traditional state-building needs.
Supporting Justice, Co-existence and Reconciliation after Armed Conflict: Strategies for Dealing with the Past
Civil wars and state repression have left many societies traumatised and shattered. Unsolved atrocities and injustices can easily provoke new cycles of violence. Impunity may undermine trust in the legal system, increasing the risk that vigilante justice will be resorted to and encourage further atrocities. Mistrust and hatred between former adversaries inhibits reconstruction, decision making and economic development. An amnesty deal may be required to end violence and enable a peace treaty. The call for compromise and national reconciliation may be necessary to ensure an end to hostilities, but past injustices that are never addressed can easily become a source of renewed violent conflict. Often victims can only make peace with their perpetrators if they know their own suffering and that of their loved ones is officially acknowledged. Furthermore, for the reintegration of perpetrators and victims into society they must be commonly accepted. The first section of this chapter reviews various instruments and institutions that have been established to support peaceful coexistence and the restoration of law. It addresses the following questions: Under which conditions can criminal tribunals, truth commissions or amnesty laws be helpful in dealing with past atrocities? How can property issues be solved through mediation or in community courts? The chapter then outlines some general considerations as to the principles and strategies that should be followed by third parties who seek to support such institutions and instruments. Arguing for a long-term approach, the final section summarises some issues for further debate, pointing to some problematic assumptions and developments that have so far gone hand in hand with the current enthusiasm for international criminal law and truth commissions.
Reconstructing Masculinities: The Disarmament, Demobilization and Reintegration of Former Combatants in Colombia
Strategic Approaches to Reintegration: Lessons Learned from Liberia
From a security perspective, the reintegration of ex-combatants has been largely successful in Liberia due to six years of sustained effort to reestablish rule of law throughout the country, to rebuild institutions, to promote early recovery, and to reintegrate the former fighting forces as well as other war-affected populations. This, however, does not mean that all problems related to integration are completely resolve. Since 2003, an array of efforts have been undertaken to reintegrate ex-combatants, from classic disarmament, demobilization, rehabilitation, and reintegration to strategic and community-based interventions that aims at promoting alternative livelihoods. Here, Tamagnini and Krafft consider what those efforts have achieved and what was not achievable, explain why it is time to end targeted assistance to ex-combatants in Liberia, and propose the next steps to be taken.
New Dilemmas in Transitional Justice: Lessons from the Mixed Courts in Sierra Leone and Cambodia
This article argues that the mixed tribunals of Sierra Leone and Cambodia provide important lessons about the problems and dilemmas in achieving the legitimacy that is necessary for transitional justice mechanisms to have a positive local impact. High hopes have been held for the mixed model, but experiences show that this model is no easy fix to the legitimacy problems faced by the international tribunals for the former Yugoslavia and Rwanda. By locating a tribunal in the post-conflict setting, new dilemmas of legitimacy may arise. This article suggests that transitional justice mechanisms should strike a balance between backward-looking and forward-looking justice, and between international and national participation in the tribunals, but this is not done by simply locating a tribunal in the affected country.
DDR and Transitional Justice: Bridging the Divide?
This article explores the complex relationship between disarmament, demobilisation and reintegration of ex-combatants (DDR) and transitional justice. While both DDR and transitional justice often operate simultaneously, neither process has traditionally been designed with the other in mind. In fact, they are often in tension or competition, pursuing competing demands and potentially drawing on the same scarce donor pools. While scholars and practitioners of transitional justice have become somewhat attuned to the presence of DDR processes in countries emerging from conflict, and the challenges and opportunities they present for transitional justice, we observe that by comparison, it is only fairly recently that DDR policies, if not programmes, have begun to take account of the demands and practice of transitional justice. We argue that while the activities of DDR and transitional justice may often be in tension, in some instances they might be designed to operate in a more complementary fashion. However, for this to even be conceivable, it is essential that scholars and practitioners of each seek to understand the work of the other better.
Trends and Causes of Armed Conflict
From the start of 1990 to the end of 1999 there were 118 armed conflicts world wide, involving 80 states and two para-state regions and resulting in the death of approximately six million people. If we seek to prevent conflict from escalating into armed warfare, or, failing that, to at least achieve an end to fighting as soon as possible, and if we want to maximise the opportunity for avoiding the return of the war after apparent settlement, we must first be sure that we properly understand armed conflicts and their causes. This chapter attempts to provide a brief overview of what is known and understood about the causes of armed conflict. The theoretical basis of that knowledge is both limited and important. It is limited, in that it does not offer much by way of general explanation of the phenomenon of armed conflict; this is, perhaps, hardly surprising, given its complexity and diversity. It is also important because it provides valuable guidance as to where to look when analysing individual conflicts for signs of potential escalation and when seeking opportunities for preventing violent escalation. The chapter begins by discussing the incidence and nature of armed conflicts during the 1990s. It then reviews the current state of theoretical knowledge with the aim of providing not only an overview but also a source of further reference, before proceeding to methodology. The article then identifies the paired concepts of justice and mobilisation as the best way to link different types and levels of causes, to connect the short-term with the long-term and to relate the socio-economic background with the political foreground. It illustrates this by looking more closely at the category referred to as ethnic conflict.
The Failure of State Building and the Promise of State Failure: Reinterpreting the Security – Development Nexus in Haiti
This article critically examines the discourse surrounding fragile states in relation to the security-development nexus. I draw on the case of Haiti to problematise key assumptions underpinning mainstream approaches to resolving concerns of security and development through the contemporary project of state building. In contrast, I suggest that a focus on the social and political relations constitutive of social struggles provides a framework for a better analysis of the historical trajectory of development in, and of, fragile states. Through an alternative relational interpretation of Haitian social and political formations, I illustrate the way in which Haitian experiences of social change have been co-produced in a world historical context. By foregrounding these relational dynamics at key conjunctures coinciding with periods in which the state, state formation and state building, were perceived to be central to Haitian development, this analysis highlights the extent to which attempts to consolidate the modern (liberal) state, have been implicated in the production and reproduction of insecurities. The article concludes by considering the salience of this relationally conceived interpretation of the security-development nexus for gaining insight into the alternative visions of progress, peace, and prosperity that people struggle for.
Cyprus: Peace, Return and Property
Securitization of HIV/AIDS in Context: Gendered Vulnerability in Burundi
Jumping the (Un)constitutional Gun?: Constitutional Questions in the Application of the UCMJ to Contractors
Undoubtedly, the expansion of the UCMJ to contractors and other persons accompanying or serving with the armed forces in the field will be challenged on constitutional grounds. But is this legislation unconstitutional? This article discusses the Supreme Court cases that have addressed the constitutionality of the application of the military law and court-martial jurisdiction to civilians, the Supreme Court decisions that may provide insight into the Court’s views of military jurisdiction, and how today’s Court might address the constitutionality of this expansion of UCMJ jurisdiction in light of recommendations made by the DoD on implementation and withholding of UCMJ convening authority. Part II of this article discusses the legislative expansion of UCMJ jurisdiction, and Part III discusses the Joint Service Committee recommendations on implementation of this expansion. Part IV discusses Supreme Court cases relevant to application of court-martial jurisdiction to civilians, and Part V briefly discusses current similarities and differences between civil court and court-martial procedure. Finally, Part VI attempts to predict whether the Supreme Court would find various applications of the UCMJ to contractors constitutional.
Third-Generation Civil-Military Relations
Corruption and Government
In countries emerging from civil war with weak governments, bribery demands will be used opportunistically by officials operating under unclear rules that allow them to invent offences or simply to extort funds from ordinary people. Furthermore, many people may engage in illegal activities, such as smuggling or illicit trade in arms, and may need the protection of public authorities to continue to operate. Peacebuilding strategies must avoid triggering vicious spirals. An economy that is jumpstarted by giving monopoly powers to a few prominent people may produce a society that is both lacking in competition and unequal. Although it may be risky and difficult to counter corruption in post-conflict peacebuilding, if the problem is allowed to fester, it can undermine other efforts to create a stable, well-functioning state with popular legitimacy. Care must be taken in starting down the road to reform. Strong leadership from the top is needed that moves towards the goal of a more legitimate and better functioning government and sidelines those who have in the past been using the state as a tool for private gain through threats and intimidation. International assistance can, in principle, help, but it needs to be tailored to avoid exacerbating the underlying problem created by the mixture of corruption and threats of violence from those inside and outside the government.
The U.K. in Sierra Leone: Post-Conflict Operation Success?
A Post-liberal Peace: Eirenism and the Everyday
The “liberal peacekeeping” is undergoing a crisis of legitimacy at the level of the everyday in post-conflict environments. In many such environments; different groups often locally constituted perceive it to be ethically bankrupt, subject to double standards, coercive and conditional, acultural, unconcerned with social welfare, and unfeeling and insensitive towards its subjects. It is tied to Western and liberal conceptions of the state, to institutions, and not to the local. Its post-Cold War moral capital, based upon its more emancipatory rather than conservative claims, has been squandered as a result, and its basic goal of a liberal social contract undermined. Certainly, since 9/11, attention has been diverted into other areas and many, perhaps promising peace processes have regressed. This has diverted attention away from a search for refinements, alternatives, for hybrid forms of peace, or for empathetic strategies through which the liberal blueprint for peace might coexist with alternatives. Yet from these strategies a post-liberal peace might emerge via critical research agendas for peacebuilding and for policymaking, termed here, eirenist. This opens up a discussion of an everyday and critical policies for peacebuilding.
Liberal Peacebuilding in Timor Leste: The Emperor’s New Clothes?
A critical examination of the effort to build a liberal peace since 1999 in East Timor illustrates that to a large degree the liberal peace model has failed the East Timorese people. There are two aspects to this: the first is the failure to construct a social contract between society and its institutions of governance. This is related to the broader issue of the social legitimacy of, and contract with, international actors derived from society and its complex groupings. The second is the failure, at least in the transitional period, to respond to the experiences of everyday life and welfare requirements of the new state’s citizens.
Liberal Hubris? Virtual Peace in Cambodia
Just and Unjust Postwar Reconstruction: How Much External Interference Can Be Justified?
Security & Justice Development-What Next?
Invoking the Rule of Law in Post-Conflict Rebuilding: A Critical Examination
The United Nations and Regional Security: Europe and Beyond
Events in Europe over the past decade have created a dynamic requiring significant conceptual and practical adjustments on the part of the UN and a range of regional actors, including the EU, NATO, and the OSCE. This volume explores the resulting collaborative relationships in the context of peace operations in the Balkans, considering past efforts and developing specific suggestions for effective future interactions between the UN and its regional partners. The authors also consider the implications of efforts in Europe for the regionalization of peace and security operations in Asia, Africa, and Latin America.
The Role of Constitution Making and Institution Buiding in Furthering Peace, Justice and Development: South Africa’s Democratic Transition
Democratic Peacebuilding: Aiding Afghanistan and other Fragile States
Written from the dual perspective of scholar and practitioner Rich qualitative and quantitative data-set Innovative conceptual framework Democratic Peacebuilding examines the evolution of international peacebuilding since the cold war, identifying the factors that limit the progress of international actors to institutionalize democratic authority and the rule of law in war-shattered societies. It gives particular attention to Afghanistan’s Bonn Agreement process (2001-2005) and post-Bonn period (2006-2009), in which the country’s multiple, competing forms of authority (e.g., religious leaders, tribal elders, militia commanders, and technocrats) challenged efforts to create “modern” forms of political authority rooted in democratic norms and the rule of law. Despite the significant risks involved, this volume argues that the institutionalization of democratic legal authority can create the conditions and framework necessary to mediate competing domestic interests and to address the root causes of a conflict peacefully. At the same time, one overlooked problem of international peacebuilding stems from the divergent conceptions, between international officials and the local population, of authority and its sources of legitimacy. By helping a conflict-affected society reconcile the inherent tensions between competing forms of authority, international peacebuilders can contribute to improved conditions for governance and a reduction in intra-state political violence. Due to high expenditures in a period of global economic uncertainty and frustrations in Afghanistan and elsewhere, democratization as an approach to conflict management and resolution is in retreat in some influential policy circles. But it is only a deepening of democracy, rather than lowering the metrics for progress and conditions for exit, that will determine whether fragile states are placed on a viable course toward stability and greater self-sufficiency.
A Clash of Mindsets? An Insider’s Account of Provincial Reconstruction Teams
Previous analyses have provided extensive and in-depth insights into the external relations of Provincial Reconstruction Teams (PRTs) in Afghanistan, particularly the division of labour between them and the humanitarian assistance community. This article broadens and deepens this literature by focusing on the internal relations of PRTs, particularly the cooperation between military and civilian sections within them. It shows that the successes and failures of PRTs are not just on the part of individual advisers, officers or uncooperative partners, but can also be located in the organizational culture of a PRT as a whole. On the one hand, a PRT constitutes a forum in which diverging civilian expert, military and national interests may collide, producing a potential for a ‘clash of mindsets’. On the other, such a collision can lead to fruitful results and innovative policies in which different viewpoints complement each other.
An Ethic of Political Reconciliation
Together, the recent entry of reconciliation into the politics of peace building and the ancient presence of reconciliation as a concept in religious traditions create potential for, but also leave undeveloped, an ethic of political reconciliation. This ethic would derive a set of concrete guidelines for recovering political orders from philosophical and theological fundamentals. An outline of such an ethic is what I propose here.
Peacebuilding and Corruption
The article argues that questions of definition relating to corruption are central to understanding its significance and its prominence in peacekeeping contexts. Definitional issues are discussed and a definition that combines certain universal features while acknowledging the importance of local norms and rules is offered. The definition revolves around actions, decisions and processes that subvert or distort the nature of public office and the political process. The challenge for peacebuilders is to develop and enforce standards for public office that have sufficient linkage with local norms and expectations to command some support, and to do so in a context that, by definition, lacks consensus on norms and principles of legitimacy for public office. The article explores some of the strategies open to those in post-conflict contexts and argues that corruption will frequently be a rational strategy for many, creating a vicious cycle that is hard to break. The article also questions how far corruption should be the major concern of peacekeeping forces, and how the concept might be disaggregated to allow a more targeted approach – one that recognizes that attacking corruption directly may not always be the best strategy, and that sees that corruption may not always be the major priority.
Police in Peace and Stability Operations: Evolving US Policy and Practice
The United States has consistently failed to deal with the breakdown in public order that invariably confronts peace and stability operations in internal conflicts. Analysis of experience in Panama, Somalia, Haiti, the Balkans and Iraq demonstrates that indigenous police forces are typically incapable of providing law and order in the immediate aftermath of conflict, and so international forces must fill the gap – a task the US military has been unwilling and unprepared to assume. After 20 years of lessons learned (and not learned), this article argues that the United States must develop a civilian ‘stability force’ of constabulary and police personnel deployable at the outset of on operation to restore public order and lay the foundations for the rule of law.
Saving Liberal Peacebuilding
Liberal peacebuilding has become the target of considerable criticism. Although much of this criticism is warranted, a number of scholars and commentators have come to the opinion that liberal peacebuilding is either fundamentally destructive, or illegitimate, or both. On close analysis, however, many of these critiques appear to be exaggerated or misdirected. At a time when the future of peacebuilding is uncertain, it is important to distinguish between justified and unjustified criticisms, and to promote a more balanced debate on the meaning, shortcomings and prospects of liberal peacebuilding.
The Bullet in the Living Room: Linking Security and Development in a Colombo Neighbourhood
Tackling Criminal Acts in Peacekeeping Operations: The Accountability of Peacekeepers
United Nations (UN) peacekeeping operations have been increasingly deployed in many crisis contexts. The practice has been established by the UN to ensure peace and protect victims of different types of armed conflict. Unfortunately, during the past ten years, several cases of serious human rights violations committed by peacekeepers against people who should be protected by them have emerged. The UN has gone through a widespread analysis of the issues involved, from the managerial, administrative and legal points of view. The 2005 Zeid Report has provided the basis for further action within the UN system. Since then, several policy and legal measures have been discussed by relevant UN bodies and organs, and some new developments have taken place. This article offers an account and an analysis of the different steps taken within the UN to face difficult cases of misbehaviour, including human rights violations, which may lead to forms of criminal conduct. It takes into consideration the suggestions provided by the Zeid Report and subsequent UN documents. It focuses on legal developments and discusses the main problems in understanding the legal complexity of this phenomenon. The article includes updated documents and proposals that have been discussed and adopted until the most recent reports in 2009.
Rule of Law and Human Rights Protections through Criminal Law Reform: Model Codes for Post-conflict Criminal Justice
This article examines the inter-relationship between the rule of law, criminal law reform and international human rights norms and standards in post-conflict societies from a theoretical as well as a practical perspective. In several peace operations, both national and international actors have faced significant challenges in reforming the domestic criminal law framework. Reflecting upon these challenges, many practitioners have called for the creation of law reform tools. With the aim of providing such tools, the Model Codes for Post-conflict Criminal Justice Project has developed a set of model criminal laws. The model codes have been drafted in a manner that is fully compliant with international human rights norms and standards in the field of criminal proceedings. The article discusses how such model codes may meaningfully contribute to domestic criminal law reform efforts, not as a panacea but a start for enhanced human rights protection in post-conflict states.
The Legal Architecture of Nationbuilding: An Introduction.
Critical Human Security Studies
From a critical security studies perspective is the concept of human security something which should be taken seriously? Does human security have anything significant to offer security studies? Both human security and critical security studies challenge the state-centric orthodoxy of conventional international security, based upon military defence of territory against threats. Both also challenge neorealist scholarship, and involve broadening and deepening the security agenda. Yet critical security studies have not engaged substantively with human security as a distinct approach to non-traditional security. This article explores the relationship between human security and critical security studies and considers why human security arguments have not made a significant impact in critical security studies. The article suggests a number of ways in which critical and human security studies might engage. In particular, it suggests that human security scholarship must go beyond its (mostly) uncritical conceptual underpinnings if it is to make a lasting impact upon security studies, and this might be envisioned as Critical Human Security Studies (CHSS).
Peacebuilding as Security in “Failing” and Conflict-Prone States
Peacebuilding activities in conflict-prone and post-conflict countries are based upon the assumption that effective, preferably liberal, states form the greatest prospect for a stable international order, and that failing or conflict-prone states represent a threat to international security. Peacebuilding is therefore a part of the security agenda. This has brought obvious benefits, most obviously much-needed resources, aid and capacity-building to conflict-prone countries in the form of international assistance, which has contributed to a decline in intrastate conflicts. However, there are a number of negative implications to the securitization of peacebuilding. This article considers the implications of this, and concludes that it is difficult to mediate between conventional and critical views of peacebuilding since they are premised upon quite different assumptions regarding what peacebuilding is and what it should be.
A New Moral Hazard? Military Intervention, Peacekeeping and Ratification of the International Criminal Court
The newly established International Criminal Court (ICC) promises justice to the victims of genocide, war crimes and crimes against humanity. Past offenders can be punished, while future potential offenders may be deterred by the prospect of punishment. Yet, justice is no substitute for intervention for the benefit of people at acute risk of being victimized. The Court may create a new moral hazard problem if the promise of ex post justice makes it easier for states to shy away from incurring the costs of intervention. This article indirectly tests for the relevance of this potential problem by estimating the determinants of ratification delay to the Rome Statute of the ICC. If the Court represents an excuse for inaction, then countries that are unwilling or unable to intervene in foreign conflicts should be among its prime supporters. Results show instead that countries that in the past have been more willing to intervene in foreign civil wars and more willing to contribute troops to multinational peacekeeping missions are more likely to have ratified the Statute (early on). This suggests that the Court is a complement to, not a substitute for intervention.
Captured Commitments: An Analytic Narrative of Transitions with Transitional Justice
How can outgoing autocrats enforce promises of amnesty once they have left power? Why would incoming opposition parties honor their prior promises of amnesty once they have assumed power and face no independent mechanisms of enforcement? In 1989 autocrats in a number of communist countries offered their respective oppositions free elections in exchange for promises of amnesty. The communists’ decision appears irrational given the lack of institutions to enforce these promises of amnesty. What is further puzzling is that the former opposition parties that won elections in many countries actually refrained from implementing transitional justice measures. Their decision to honor their prior agreements to grant amnesty seems as irrational as the autocrats’ decisions to place themselves at the mercy of their opponents. Using an analytic narrative approach, the author explains this paradox by modeling pacted transitions not as simple commitment problems but as games of incomplete information;that is, embarrassing information that provides insurance against the commitments being broken. The author identifies the conditions under which autocrats step down even though they can be punished with transitional justice and illustrates the results with case studies from Czechoslovakia, Poland, and Hungary.
Transitional Justice as Global Project: Critical Reflections
This article critically reflects on the ways in which the global project of transitional justice is channelled or streamlined in its scope of application. Using the categories of ‘when’, to ‘whom’ and for ‘what’ transitional justice applies, it argues that transitional justice is typically constructed to focus on specific sets of actors for specific sets of crimes. This results in a fairly narrow interpretation of violence within a somewhat artificial time frame and to the exclusion of external actors. The article engages themes of gender, power and structural violence to caution against the narrowing and depoliticisation of transitional justice.
The Rise of Outsourcing in Modern Warfare: Sovereign Power, Private Military Actors, and the Constitutive Process
In this article, we will examine these world order implications through the prism of the world constitutive process. This process is one of continuing communication and collaboration that examines, refines, and allocates competence in the international system. The process of contextual mapping might shed light on the terms associated with, and concepts communicated by, privatized military combat, which might be better understood when the contexts in which they are used are illuminated in a discriminating manner. Their multiple meanings are given coherence when we appreciate the divergent contexts within which they are used. To develop the appropriate predicate for contextual mapping, we recognize that, notwithstanding the various nuanced meanings attached to the concept of privatized military combat-as an outsourcing of national security responsibilities, as a part of a nation-building campaign to bring stability to a weak or failed state, as a mechanism to subvert congressional oversight, as a pretext to channel money to certain corporations, and more, we can nevertheless distill points of reference of sufficient conceptual generality to give coherence to the appropriate description of this form of outsourcing in the context of contemporary international law and international relations.
Options for Transitional Justice in Kenya: Autonomy and the Challenge of External Prescriptions
Police-Building in Afghanistan: A Case Study of Civil Security Reform
Despite considerable effort and large sums of money spent over five years of police reform in Afghanistan, the investment has yet to yield significant results. Among the reasons outlined in this article are the failure to distinguish clearly between the different roles of the police and the military in contributing to security sector reform; a lack of strategic vision and effective planning; and a failure to capitalize on the insights, best practices and lessons learned from the last 30 years of police reform in the West. Finally, recommendations are made for remedying current problems and re-directing reform to achieve greater effectiveness.
Closing the Gap Between Peace Operations and Post-Conflict Insecurity: Towards a Violence Reduction Agenda
This article highlights how the instruments for addressing the presumed source(s) of armed violence need to be sharpened and extended to address the heterogeneous character of armed violence present in many post-conflict situations. These extensions require the development of practical armed violence prevention and reduction programmes that draw upon scholarship and practice from the criminal justice and public health sectors. The article argues that reducing organized violence and insecurity in post-conflict contexts requires responding to the wider dynamics of armed violence rather than focusing exclusively on insecurity directly connected to what are traditionally defined as armed conflict and post-conflict dynamics; and this requires attention not just to the instruments of violence, but also to the political and economic motives of agents and institutions implicated in violent exchanges at all levels of social interaction.
Professional Military Firms Under International Law
Although the United States has recently brought civilian contractors under the jurisdiction of the Uniform Code of Military Justice (“UCMJ”), their status under international treaty law remains uncertain. Protocol I and the Third Geneva Convention suggest four legal categories into which such contractors may fall: armed civilians, mercenaries, contractors accompanying the armed forces, or combatants subordinate to Parties to a conflict. This Article reviews each of these possibilities and concludes that, due to the language and history of these conventions, the evolution of warfare, and prudential reasons of state policy, only the last possible classification–that armed contractors are Party combatants for purposes of international law–is a reasonable interpretation of international law. Furthermore, this Article argues that the United States has several incentives to advocate a classification of armed contractors as members of the armed forces. First, due to the extension of UCMJ jurisdiction to armed contractors during contingency operations, the United States may be responsible for the acts of PMFs in its employ under the international law of state responsibility. Because of this, it is necessary for the United States to clarify the responsibilities and rights of PMFs in order to prevent military commanders and civilian leadership from facing accusations of war crimes. Additionally, while the United States currently holds a relative monopoly on both the provision and consumption of PMF services, there is no reason why other states may not begin to use such forces in manners inconsistent with American objectives. Thus, it is in the best interest of the United States to use its dominant market position to establish an international norm of state responsibility and to use its international clout either to codify such a norm into a treaty regime or to advocate the norm as a part of customary international law. To that end, this Article will propose draft language for an international agreement on the use of PMFs by state actors and suggest possible methods by which the norm of state responsibility could be promoted as customary international law.
Governance Without Government in Somalia: Spoilers, State Building, and the Politics of Coping
This article assesses the challenges of state revival in Somalia. It reviews the roots of state collapse in the country, attempts to explain the repeated failure of state-building projects, tracks trends in contemporary governance in Somalia and Somaliland, and considers prospects for integrating local, “organic” sources of governance with top-down, “inorganic” state-building processes. The Somalia case can be used both to document the rise of governance without government in a zone of state collapse and to assess the changing interests of local actors seeking to survive and prosper in a context of state failure. The interests of key actors can and do shift over time as they accrue resources and investments; the shift “from warlord to landlord” gives some actors greater interests in governance and security, but not necessarily in state revival; risk aversion infuses decision making in areas of state failure; and state-building initiatives generally fail to account for the existence of local governance arrangements. The possibilities and problems of the “mediated state model,” in which weak states negotiate political access through existing local authorities, are considerable.
Security Sector Reform in Haiti
This study examines the experience of the United Nations interventions to reform Haiti’s security sector as part of a larger effort to rebuild the Haitian state. Despite multilateral attempts in the 1990s to demobilize the army, create a police force and implement reforms, the lack of elite support, insufficient judicial sector capacity and persistence of corruption led to the current resurgence of violence. The study concludes that a legitimate national dialogue with local elites, and long-term donor involvement, specifically of the United Nations, are necessary to ensure that justice, security, development and the governance sector are developed simultaneously to prevent Haiti from becoming a failed state.
Trauma and Vengeance-Assessing the Psychological and Emotional Effects of Post-Conflict Justice
Rather than nation-building, the rule of law was the framework for my volunteer service. Consistent with ISLP’s mission, I was volunteering in order to support and advance the rule of law in India. My specific assignment was to provide “senior lawyer” assistance to a group of public interest lawyers who handled human rights cases on behalf of the poor. Given the facially healthy appearance of India’s democratic institutions, I assumed that the rule of law issues embedded in that work would be somewhat nuanced and subtle, well along a continuum of rights and principles that had already been established. However, as I was to discover, many rule of law principles in India are at a more nascent stage of development. It is true that virtually all of the fundamental legal principles associated with a democratic system of law are eloquently articulated in India’s Constitution, codes, and judicial opinions. However, many of these laws-especially those affecting individual rights and protections- are so unevenly and inadequately enforced that they effectively do not exist for large segments of India’s population. The size of the gap between the law on the books and its access by and application to all levels of a society is one crucial indicator of a country’s progress on the rule of law continuum. By that measure the nation of India, while not outside intervention or fundamental restructuring, is still in the building process.
Kenya and the Rule of Law: The Perspective of Two Volunteers
Contracting for Wartime Actors: The Limits of the Contract Paradigm
Wartime contracts raise challenges to the classic contract doctrines of performance and remedies. First, privatization of numerous military and support functions (even support services such as trucking, laundry and food preparation) has placed private sector contractors in active war zones leading to difficulty in contract performance and injury or death to some contractors. Second, privatization of these functions necessitates that the government employ a functional supervisory system that ensures accountability to the government for contractor actions. How prepared is contract law to resolve disputes raised by these scenarios? This essay explores the role of contract in wartime and, in particular, reconstruction and the shortcomings of trying to use contract law in its current form to achieve the goals contemplated by the architects of the Iraq war. First, it considers the use of government contracts to privatize numerous government functions during the reconstruction and conflict in Iraq. Second, it considers the private ordering by contract done by government contractors to obtain security and related services from third parties. Both types of contracting raise complicated issues, including the proper use of force, to what extent the contracts should have government oversight, to what extent contractors should be accountable for crimes and whether contractors qualify as noncombatants in case of capture. Heavy reliance on contract law to address these problems raises complicated issues of delegation, performance, breach, assumption of risk, excuse and remedies. The general parameters of contracting with the U.S. government shall serve as a precursor to this discussion.
Legal Professionals in Development: Timor-Leste’s Legislative Experiment
Considerable effort is being undertaken to consolidate Timor-Leste’s post-conflict legacy of incomplete and conflicting legal traditions. Whilst aid interventions have typically prioritised the strengthening of courts, relatively little attention has been given to the role of the justice sector professionals who must occupy them. With the recent regulation, by Timor-Leste’s National Parliament, of the legal profession, there is now an implicit investment in the potential of lawyers collectively to support the nation-building endeavour. Their ability to assist in navigating a complex and evolving system makes them critical personnel for building confidence in formal processes and promoting identification with state objectives. Functioning as educators and intermediaries between community and government, lawyers have the potential to wield, or otherwise to fall victim to, political power. This paper examines the growing importance of the legal profession as a stakeholder in Timorese security and development. The role of lawyers as agents of reform is discussed and obstacles to greater engagement with policy formation are considered.
The Rule of Law and Its Promotion Abroad: Three Problems of Scope
At the outset of the twenty-first century, the rule of law is no longer a concept exclusively, or even primarily, defined and debated by political philosophers and constitutional lawyers, as had been the case in centuries past. Over the last decade in particular, the rule of law has become “the motherhood and apple pie of development economics.” Western democracies, their regional organizations, NGOs, and the multilateral development agencies they control, now pour billions of dollars and euros into projects designed to measure the rule of law, create it where it does not exist – in closed dictatorships, failed states, and post-conflict zones – and to strengthen it in transitional and struggling democracies around the globe. Institutionalists of different hews have come to see it as central to modern statehood, impartial economic exchange, and objective justice. Democracy scholars are pointing to it as the essential, non-electoral dimension of democratic substance. Together with human rights and democracy, the rule of law is now upheld by liberal internationalists as a central pillar in the “virtuous trilogy” upon which a legitimate international order rests, while international security experts have come to see it as indispensable to ending civil wars, building durable peace, and fighting insurgencies, transnational crime, and terrorism. Against this background – of “a venerable part of Western political philosophy” having turned into “a rising imperative of the era of globalization,” as Carothers put it – existing mainstream legal discourses about the rule of law and its promotion abroad run the risk of being outpaced, even sidelined into relative obsolescence. The fact that intellectual and policy involvement with the notion of the rule of law are no longer the exclusive purview of lawyers need not be lamented; indeed, it is to be generally welcomed. Rather, this article argues, to be of genuine relevance to one of the foremost challenges the free world is facing and is likely to face for many decades to come – the challenge of fostering self-sustaining, well-governed free societies in parts of the world where these are absent or weak – lawyers must overcome three main “problems of scope” that presently afflict the rule of law literature and policy enterprise.
Hybrid Peace: The Interaction Between Top-Down and Bottom-Up Peace
This article is interested in the interface between internationally supported peace operations and local approaches to peace that may draw on traditional, indigenous and customary practice. It argues that peace (and security, development and reconstruction) in societies emerging from violent conflict tends to be a hybrid between the external and the local. The article conceptualizes how this hybrid or composite peace is constructed and maintained. It proposes a four-part conceptual model to help visualize the interplay that leads to hybridized forms of peace. Hybrid peace is the result of the interplay of the following: the compliance powers of liberal peace agents, networks and structures; the incentivizing powers of liberal peace agents, networks and structures; the ability of local actors to resist, ignore or adapt liberal peace interventions; and the ability of local actors, networks and structures to present and maintain alternative forms of peacemaking.
The Liberal Peace and Post-War Reconstruction: Myth or Reality?
Exploring Home-Grown Transitional Justice and Its Dilemmas: A Case Study of the Historical Enquiries Team, Northern Ireland
Negotiating the Right of Return
Negotiating the right of return is a central issue in post-conflict societies aiming to resolve tensions between human rights issues and security concerns. Peace proposals often fail to carefully balance these tensions or to identify incentives and linkages that enable refugee return. To address this gap, the article puts forward an alternative arrangement in negotiating refugee rights currently being considered in the bilateral negotiations in Cyprus. Previous peace plans for the reunification of the island emphasized primarily Turkish Cypriot security and stipulated a maximum number of Greek Cypriot refugees eligible to return under future Turkish Cypriot administration. The authors’ alternative suggests a minimum threshold of Greek Cypriots refugees plus self-adjustable incentives for the Turkish Cypriot community to accept the rest. The article reviews different options including linking actual numbers of returnees with naturalizations for Turkish settlers or immigrants, Turkey’s EU-accession, and territorial re-adjustments across the federal border. In this proposed formula, the Greek Cypriot side would reserve concessions until refugee return takes place, while the Turkish Cypriot community would be demographically secure under all scenarios by means of re-adjustable naturalization and immigration quotas. Drawing parallels with comparable cases, the article emphasizes the importance of making reciprocity and linkages explicit in post-conflict societies.
International Justice After Conflict: Outreach, Legacy and Accountability
This book critically examines the role of outreach within the application of international justice in post-conflict settings. The assumption that justice brings peace underpins much of the thinking, and indeed action, of international justice, yet little is known about whether this is actually the case. Significant questions surrounding the link between peace and justice remain: do trials deter would-be war criminals; is justice possible for the most heinous crimes; can international justice replace local justice? This book explores these questions in relation to recent developments in international justice that have both informed and shaped the creation of the hybrid tribunal in Sierra Leone. This was the first hybrid tribunal to be based in situ, equipped with a dedicated Outreach office. Outreach was seen as essential to ensuring that expectations were managed for what was ultimately a limited judicial mechanism. Yet, there is little evidence to support the claim that Outreach garnered wide-spread acceptance of the Special Court. This book explores the challenge and tensions in communicating the role of international justice in a post-conflict setting. The goals of international justice after conflict are clear: hold fair and transparent trials of alleged perpetrators under the strict adherence to international judicial procedures in order to establish accountability for the worst crimes against humanity. The assumption being that this will contribute to peace by firmly drawing a line under the past in order to move forward peacefully. This has been evident with the recent drive towards international judicial intervention after conflict in places such as the former Yugoslavia, Uganda and Afghanistan. But so far these assumptions remain largely untested. Few empirical studies examine how justice contributes to peace and within these instances, how the complexity of international justice mechanisms have been communicated to their respective audiences in order to foment wide-spread knowledge and understanding of the processes. This book addresses this deficit by testing these assumptions on the ground in a post-conflict setting in West Africa.
Statebuilding without Nation-building? Legitimacy, State Failure and the Limits of the Institutionalist Approach
The paradox of attempting to (re)construct state institutions without considering the socio-political cohesion of societies recurs throughout the world, most notably today in the Middle East, Africa and the Balkans. This essay tries to shed some light on the debate around the concepts of state and nation-building. Drawing on a sociological understanding of the modern nation-state, it contends that it is impossible to conceive of statebuilding as a process separate from nation-building. This essay identifies two different schools of thought in the discussion concerning the statebuilding process, each of which reflects different sociological understandings of the state. The first one, an ‘institutional approach’ closely related to the Weberian conception of the state, focuses on the importance of institutional reconstruction and postulates that statebuilding activities do not necessarily require a concomitant nation-building effort. The second, a ‘legitimacy approach’ influenced by Durkheimian sociology, recognizes the need to consolidate central state institutions, but puts more emphasis on the importance of socio-political cohesion in the process. Building on this second approach and demonstrating its relevance in contemporary statebuilding, this article concludes with a discussion of recent statebuilding attempts and the ways external actors can effectively contribute to statebuilding processes.
Corrupting Peace? Peacebuilding and Post-conflict Corruption
Many conflict-affected countries are among the most corrupt in the world, and corruption is frequently reported as a major concern of local populations and foreign aid agencies during transition to peace. Tackling corruption is part of liberal peacebuilding, which seeks to consolidate peace through democracy and free markets economy. Yet liberalization policies may also foster corruption. Using a preliminary analysis of selected corruption perception indicators, this article finds tenuous and divergent support for post-conflict patterns of corruption. Three main arguments linking liberal peacebuilding with higher levels of corruption are then presented for further elaboration, and a research agenda is outlined.
Conclusion: Security Sector (Re)construction in Post-conflict Settings
This essay concludes a study of how the international community has approached the security sector in six countries where there has been severe conflict leading to significant international engagement. Various factors are identified as being critical in shaping the outcome of (re)construction efforts, and they are evaluated from several perspectives. External actors have tended to take a limited and unbalanced approach to the security sector, focusing on building the efficiency of statutory security actors, and neglecting the development of managerial and governance capacity. While programmes tended to become more effective after the first major post-Cold War effort was undertaken in Haiti in 1994, the situation in Afghanistan may point to a reversal of this trend.
Media, Trials and Truth Comissions: ‘Mediating’ Reconciliation in Peru’s Transitional Justice Process
Increasing emphasis is being given to truth commissions in efforts to achieve transitional justice goals, including the establishment of a collective memory, democracy and reconciliation. Truth commissions alone cannot guarantee that these goals will be met, however. The authors of this article believe that the media also has a definitive impact on the process. Indeed, how the media portrays transitional justice mechanisms, such as truth commissions and trials, often determines how they are received in a postconflict society. Failure to take into account the importance of public opinion during transitional justice processes carries the risk of societal divisions being reinforced, which appears to have been the case in Peru. The authors argue that, for this reason, attention should be paid to establishing a constructive societal dialogue, which is often most possible through attention to the reform and support of the local media. Although a national dialogue may not always result in an agreed-upon collective memory, it is arguably a prerequisite. The media plays an important role in this endeavor and may ultimately encourage or hinder reconciliation and the recurrence of conflict.
Transitional Justice and Peacebuilding after Mass Violence
Iraq: Exception to, or Epitome of Contemporary Post-conflict Reconstruction?
In the literature on post-conflict reconstruction, the intervention in Iraq has been understood as an exception to, if not an aberration from, contemporary state-building. This article argues that whether Iraq is an exception to, or the epitome of post-conflict reconstruction depends on the genealogy one attributes to the latter. Denying that Iraq is an exemplary instance of contemporary reconstruction means neglecting the continuities of state-building from interwar trusteeship via Germany and Vietnam to the contemporary reproduction of the neoliberal model continuities which the example of Iraq exposes more clearly than prior cases. An outline of the genealogy of state-building and an analysis of Iraqi reconstruction both point to the reproduction of a hegemonic international order as the rationale of statebuilding now and then.
Statebuilding, Conflict and Narcotics in Afghanistan: The View from Below
This essay explores the interdependence between statebuilding, narcotics and conflict through an analysis of interviews and a survey conducted, in the spring of 2005, in the Laghman and Nangarhar provinces of Afghanistan. Rural Afghanistan is characterized by weak conflict-processing mechanisms, combined with a high propensity towards the escalation of violence. State-sponsored institutions for conflict processing hardly exist, and donor attempts to prop up traditional institutions, such as the village shura, as a substitute for local government have failed to produce tangible results. Farmers widely acknowledge the benefits of opium as one of the few available cash crops. As a result, competition over scarce land and propensity for violence are affected indirectly by the drug economy. The study concludes with a criticism of current poppy eradication efforts. Under an informal eradication contract, provincial leaders are induced to comply with the request of the central government to reduce opium cultivation, in exchange for increased political autonomy and the promise of donor funds.
The Mad Scramble of Congress, Lawyers, and Law Students After Abu Ghraib: The Rush to Bring Private Military Contractors to Justice
After the Abu Ghraib abuse became public, Congress and the world decried the actions of the military police, resulting in the prosecution of several military personnel. The military police, however, had accomplices in the abuse. Private military contractors accounted for one-third of the abuses at Abu Ghraib. Yet, none of those private military contractors ever faced criminal prosecution for their role in the abuse. The lack of prosecution gave way to a mad scramble. Congress, lawyers, and law students introduced solutions on how to bring private military contractors to justice. Nonetheless, private military contractors continue to commit crimes without any criminal prosecution. This lack of prosecution came to light again after a September 16, 2007 incident in which contractors for Blackwater allegedly fired at innocent Iraqi civilians. The incident angered the Iraqi government and the House of Representatives went on yet another mad scramble to ensure that, in the future, private military contractors will face criminal prosecution. Part II of this article describes the impetus behind the initial mad scramble after Abu Ghraib. Part III analyzes the congressional solution that resulted from the initial mad scramble, the Military Extraterritorial Jurisdiction Act (“MEJA”). Part III also discusses reasons why MEJA will fail to withstand judicial scrutiny and argues that further congressional response will suffer the same fate. Part IV describes the other congressional solution, court-martial, and why it also fails as a viable solution. Part V analyzes the other proposed solutions to bring private military contractors to justice and describes why they will not work. Part VI discusses a proposed solution that addresses the shortcomings of current congressional approaches.
Rethinking State-building in a Failed State
The Rise of Afghanistan’s Insurgency: State Failure and Jihad
In 2002 Afghanistan began to experience a violent insurgency as the Taliban and other groups conducted a sustained effort to overthrow the Afghan government. Why did an insurgency begin in Afghanistan? Answers to this question have important theoretical and policy implications. Conventional arguments, which focus on the role of grievance or greed, cannot explain the Afghan insurgency. Rather, a critical precondition was structural: the collapse of governance after the overthrow of the Taliban regime. The Afghan government was unable to provide basic services to the population; its security forces were too weak to establish law and order; and there were too few international forces to fill the gap. In addition, the primary motivation of insurgent leaders was ideological. Leaders of the Taliban, al-Qaida, and other insurgent groups wanted to overthrow the Afghan government and replace it with one grounded in an extremist interpretation of Sunni Islam.
Establishing Law and Order After Conflict
This study contains the results of research on reconstructing internal security institutions during nation-building missions. It analyzes the activities of the United States and other countries in building viable police, internal security forces, and justice structures. This study examines in detail the reconstruction efforts in Iraq, Afghanistan, and Kosovo, three of the most important instances in the post-Cold War era in which the United States and its allies have attempted to reconstruct security institutions. It then compares these cases with six others in the post-Cold War era: Panama, El Salvador, Somalia, Haiti, Bosnia, and East Timor. Finally, the study draws conclusions from the case studies and analysis, and derives recommendations to help the United States and other international actors improve their performance in the delivery of post-conflict security. The results should be of interest to a broad audience of policymakers and academics concerned with the successes and shortcomings of past security efforts. Although the study is not intended to be a detailed analysis of U.S. or allied military doctrine regarding stability operations, we believe it provides a useful set of guidelines and recommendations for a wide range of military, civilian, and other practitioners.
Civil War and the Rule of Law: Security, Development, Human Rights
How do rule of law programs contribute to conflict management? What strategies best address the challenges to securing the rule of law in fragile countries? What place do rule of law policies have in efforts to achieve stable and equitable development? This book addresses these fundamental questions, analyzing rule of law programs in the context of conflict prevention, peacekeeping, and peacebuilding activities.
Moving Beyond Rethinking the “State of the State”: To the Challenge of Reshaping International Contributions to Peace Operations
The need for an accurate understanding of the environment into which peace- and capacity-building missions are deployed cannot be overstated. Suppositions about the mission environment inform every facet of an intervention’s design and implementation, in addition to expectations surrounding success. Yet this critical element continues to be misunderstood by those most in need of an accurate grasp, a condition which severely undermines the war to peace transition. Rather than continuing to assume that recipient states are states in the Western sense of the term, we must instead focus our energies on how best to enable sustainable peace in the hybrid political orders which do in fact constitute these troubled places. After setting out the largely unrecognised characteristics of recipient societies, the article explores alternative forms of assistance with promise to complement such realities.
Australian Peacekeeping: Sixty Years in the Field
Peacekeeping has been a significant part of Australia’s overseas military engagement since the end of the Second World War. Yet it is a part of the country’s history that has been largely neglected until the 1990s, and even since then interest has been slow to develop. In the last sixty years, between 30,000 and 40,000 Australian military personnel and police have served in more than 50 peacekeeping missions in at least 27 different conflicts. This insightful, engaging and superbly-edited volume approaches Australian peacekeeping from four angles: its history, its agencies, some personal reflections, and its future. Contributors discuss the distinction between peacekeeping and war-fighting, the importance of peacekeeping in terms of public policy, the problems of multinational command, and the specialist contributions of the military, civilian police, mine-clearers, weapons inspectors and diplomats.
Framing the Issue: UN Responses to Corruption and Criminal Networks in Post-Conflict Settings
This article examines the links between peace operations and combating transnational organized crime. It argues that while UN Security Council mandates direct UN missions to support establishing the rule of law in states that host peace operations, their role in addressing organized crime is more implicit than explicit. This article notes, however, that UN panels of experts, small fact-finding teams appointed to monitor targeted sanctions, may offer insight into, and options for addressing, such criminal networks. Panel findings and recommendations, however, are not integrated with related UN efforts to build the rule of law. This lack of integration reflects a need, on the part of the UN and its member states, to address better the ability of peace operations, UN panels of experts, and other tools for peacebuilding to contribute more effectively to fighting spoiler networks and organized crime.
The Unavoidable Ghettoization of Security in Iraq
Gender and Nation-Building: Family Law as Legal Architecture
Although the discipline of family law in the western legal tradition transcends the public/private law boundary in many ways, it is the argument of this Essay that family law, in the private law sense of defining the rights and obligations of members of a family, forms an important part of the legal architecture of nation-building in at least three ways. First, access to the resources of the nation-state devolves through biologically and culturally gendered national boundaries, both reflecting and reinforcing the differential status of men and women in the sphere of the family. Second, the social institution of the family and the legal framework that defines it embody power relations that, in turn, help to shape the larger polity. Hence, laws governing marriage, divorce, marital property, maintenance, child custody, child support, cohabitation, inheritance, and illegitimacy define not only power and status within families, but also within civil society, the market, and the political sphere. Third, the symbolic family, and sometimes the law defining it, may figure in important ways in the struggle for national identity that often takes place contemporaneously with nation-building. In Part II of this Essay, we explore the first claim, that national boundaries are gendered through the use of family relationships to control access to citizenship and thus to the resources and the protection of the state. We suggest that the use of kinship ties in an explicitly gendered way in the United States reinforces a concept of ethnic nationalism, casting women, and especially mothers, as the symbolic protectors of national identity. In Part III, we analyze ways in which family structure is defined by and reinforces hierarchy within the larger society. Following an exploration of theoretical arguments concerning the interplay of family and social hierarchy, we offer as an example of this dynamic the historical manipulation of African customary law by colonial powers. Finally, in Part IV, we argue that the ideology of the family often figures in important ways in the development of national identity in post-colonial or post-crisis states. We then discuss the example of South Africa and show how family law can serve as a site for the intersection of nationalist politics and the legal architecture of the nation-building process, here again in ways that are highly gendered.
Space, Performance and Everyday Security in the Peacekeeping Context
Studies of peacekeeping have helped to reveal the complexities, dilemmas and challenges of operations since their inception, and almost certainly into the future. Yet, despite the empirical and theoretical breadth of this canon, the field continues to be dominated by political science, development studies, international law and military studies, whose scholars tend to draw on problem-solving, macro-level and positivist perspectives in their writings. The impact of post-structural and post-positivist epistemologies developed in sociology, human geography and cultural studies remain marginal in the field. Given this, the present article seeks to complement and develop the study of peacekeeping through its framing of blue-helmet activity as embodied, spatial-security practice that is performed ‘out front’ for the beneficiary audience. In so doing we draw on critical geopolitics, military/human geography and sociological theorizing with a focus on space and performance. Our main aim is to show how the concepts of space and performance can be used to illuminate perceptions of everyday security by recourse to a modest, illustrative empirical component based on fieldwork in Haiti, Kosovo and Liberia.
Ethics, Rhetoric and Politics of Post-Conflict Reconstruction: How Can the Concept of Social Contract Help Us in Understanding How to Make Peace Work?
Post-Conflict Tajikistan: The Politics of Peacebuilding and the Emergence of Legitimate Order
Peacebuilding as Practice: Discourses from Post-conflict Tajikistan
Peacebuilding is a contested concept which gains meaning as it is practised. While academic and policy-relevant elaboration of the concept is of interest to international experts, interpretations of peacebuilding in the Central Asian arena may depart immensely from those envisaged within the western-dominated ‘international community’. This article opens up the dimensions and contingent possibilities of “peacebuilding” through an investigation of two alternative approaches found in the context of Tajikistan. It makes the critique that peacebuilding represents one contextually grounded basic discourse. In the case of Central Asia, and in particular post-conflict Tajikistan, at least two other basic discourses have been adopted by parties to the post-Soviet setting: elite “mirostroitelstvo” (Russian: peacebuilding) and popular ‘tinji’ (Tajik: wellness/peacefulness). Based largely on fieldwork conducted in Tajikistan between 2003 and 2005, the argument here is that none of these three discourses is merely an artificial or cynical construct but that each has a certain symbolic and normative value. Consequently, a singular definition of Tajik ‘peacebuilding’ proves elusive as practices adapt to the relationships between multiple discourses and identities in context. The article concludes that ‘peacebuilding’ is a complex and intersubjective process of change entailing the legitimation of new relationships of power.
Can Peacekeepers Be Peacebuilders?
The role of UN peacekeeping missions has expanded beyond the traditional tasks of peacekeeping to include a wide range of political, economic, and humanitarian activities. While such expansion indicates an improved understanding of the complexities and challenges of post-conflict contexts, it also raises questions about whether UN peacekeeping missions are equipped to handle peacebuilding tasks. Evidence from a study of the peacekeeping mission in Sierra Leone suggests they are not. This article argues that peacekeeping missions are a poor choice for peacebuilding given their limited mandates, capacity, leverage, resources and duration. Peacekeepers should focus on peacekeeping, by which they can lay the foundation for peacebuilding. Peacebuilding should be the primary task of national governments and their populations.
Unspeakable Truths: Transitional Justice and the Challenge of Truth Commissions
In a sweeping review of forty truth commissions, Priscilla Hayner delivers a definitive exploration of the global experience in official truth-seeking after widespread atrocities. When Unspeakable Truths was first published in 2001, it quickly became a classic, helping to define the field of truth commissions and the broader arena of transitional justice. This second edition is fully updated and expanded, covering twenty new commissions formed in the last ten years, analyzing new trends, and offering detailed charts that assess the impact of truth commissions and provide comparative information not previously available. Placing the increasing number of truth commissions within the broader expansion in transitional justice, Unspeakable Truths surveys key developments and new thinking in reparations, international justice, healing from trauma, and other areas. The book challenges many widely-held assumptions, based on hundreds of interviews and a sweeping review of the literature. This book will help to define how these issues are addressed in the future.
“Walking Together” Toward Independence? A Civil Society Perspective on the United Nations Administration in East Timor, 1999-2002
Issues surrounding legitimacy and the role of civil society are at the forefront of contemporary global governance debates. Examining the United Nations Transitional Administration in East Timor (UNTAET) and focusing on the specific issue areas of justice and gender, this article evaluates the effectiveness and accountability of the administration from the perspective of East Timorese civil society, whose voice is largely absent from previous analyses. Drawing on the archive of the prominent civil society group La’o Hamutuk, this study adds precision and nuance to an area of research characterized by broad-stroke assessments of the legitimacy of multinational interventions. It finds variations in the levels of overall legitimacy exhibited by particular issue areas and differences in terms of the configuration of accountability and effectiveness enjoyed by UNTAET. Although sounding a cautionary note about the degree of civil society influence in global governance, the study concludes that La’o Hamutuk nevertheless provided a more diffuse sense of discursive voice and accountability than would otherwise have been accorded the East Timorese during this crucial period in their history.
Kosovo and the UN
Kosovo’s declaration of independence from Serbia was followed by sporadic violence on the ground, and sharply divided the international community. Russia, China, India and a majority of the world’s nations opposed what was characterised as ethnic separatism. The United States and much of the European Union supported Kosovo’s independence as the last step in the non-consensual break-up of the former Yugoslavia. UN Secretary-General Ban Ki-moon sought to defuse the crisis with a package of measures including the drawdown of the UN mission that had administered Kosovo since 1999, Security Council support for the deployment of a European Union rule-of-law mission, and a status-neutral framework within which recognising and non-recognising countries could cooperate while Kosovo’s transition continued. Almost three years later, Kosovo’s new institutions have progressed significantly; Serbia is governed by moderates focused on that country’s European future, and the international military and civil presences are being reduced.
(Re)Imagining Coexistence: Striving for Sustainable Return, Reintegration and Reconciliation in Bosnia and Herzegovina
War Crimes, Democracy, and the Rule of Law in Belgrade, the Former Yugoslavia, and Beyond
The Secretary Will Deny All Knowledge of Your Actions: The Use of Private Military Contractors and the Implications for State and Political Accountability
This article argues that the main issue regarding the use of private military contractors (PMCs) is that of accountability. It begins by exploring the status of mercenaries in international law, as reflected in various conventions, protocols, and state practice. It maintains that contrary to popular belief, the use of PMCs or mercenaries–no matter how defined–is not a violation of international law. However, their use has serious political implications at both the domestic and state levels because it obfuscates the issue of ultimate responsibility.
Re-Ordering Justice: Towards A New Methodological Approach to Studying Transitional Justice
Scholars and policymakers have turned increasing attention to questions of transitional justice, those legal responses to a former regime’s repressive acts following a change in political systems. Although there is a rich, interdisciplinary literature that addresses the value of various transitional justice measures, theoretical arguments for how and under what conditions we should expect to see these measures implemented tend to gravitate to intuitively appealing relative power considerations. But attempts at parsimony have tended to leave the dependent variable either overly restrictive or poorly defined, yielding theories that are difficult to test. In this article, the author proposes a “transitional justice spectrum” based on a hierarchical series of possible accountability mechanisms and designed to allow researchers to conduct more rigorous, cross-national tests of justice arguments. The objective here is not to posit a broad theory of transitional justice, but to open the debate into a methodological weakness in the transitional justice literature. The article includes seven accountability mechanisms: cessation and codification of human rights violations; condemnation of the old system; rehabilitation and compensation for victims; creation of a truth commission; purging human rights abusers from public function; criminal prosecution of executors (those lower on the chain-of-command); criminal prosecution of commanders (those higher on the chain-of-command).
Promoting the Rule of Law in Timor-Leste
The international community is eagerly promoting the concept of the rule of law in post-conflict states such as Timor-Leste in the belief that it will lead to political and social stability. To attract international legitimacy, Timorese leaders are also keen to be seen to be invoking the rule of law although the manner in which they understand and use the concept often diverges from dominant Western understandings. The concept of the rule of law assumes that the state enjoys a monopoly of law. This article examines the resonance of the rule of law at the local level in Timor-Leste in light of the fact that customary law is the type of law with which people are likely to have first and frequent contact as the state has little reach beyond the capital. It concludes by recommending that all actors promoting the rule of law in post-conflict states need to equip themselves with a strong understanding of how the population engages with legal norms in order to effectively promote the rule of law.
Community Policing and Peacekeeping
In modern industrial societies, the demand for policing services frequently exceeds the current and foreseeable availability of public policing resources. Conversely, developing nations often suffer from an inability to provide a basic level of security for their citizens. Community Policing and Peacekeeping offers a fresh overview of the challenges of community policing in advanced societies and peacekeeping in weak nations, demonstrating how going beyond traditional models of police work can provide solutions in troubled communities. Featuring contributions from world-class scholars, this volume emphasizes the importance of cultural and political sensitivities in police work. Offering comparative perspectives from the United Kingdom, Australia, the United States, South Africa, and China, it explores the paradigm of community policing that involves consultation with community members, responsiveness to their security needs, collective problem-solving to identify the most appropriate means of meeting these needs, and mobilization of police services. Exploring the challenges and pitfalls of these collaborative efforts, the book examines how traditional models of police work have evolved to embrace the needs of communities. The second part of the book focuses on police peacekeeping efforts in countries torn apart by civil strife. It includes chapters on police collaboration with the United Nations, Australian and Canadian efforts abroad, CIVPOL (civilian police peace operations), and programs in Papua New Guinea and Cambodia. The book shows how expanding the role of the police beyond the limits of fighting crime can help contribute to safer, more stable communities.
Transformation and the Independence of the Judiciary in South Africa
Bribes or Bargains? Peace Conditionalities and ‘Post-Conflict’ Reconstruction in Afghanistan
This article focuses on the role of international aid donors in Afghanistan since the signing of the Bonn Agreement in 2001. Specifically, it explores the scope and utility of peace conditionalities as an instrument for peace consolidation in the context of a fragile war-to-peace transition. Geo-strategic and institutional concerns have generally led to an unconditional approach to assistance by international actors. It is argued that large inflows of unconditional aid risk re-creating the structural conditions that led to the outbreak of conflict. Aid conditionalities need to be re-conceptualized as aid-for-peace bargains rather than as bribes for security. Some forms of conditionality are necessary in order to rebuild the social contract in Afghanistan. This finding has wider relevance for aid donors and they should reconsider orthodox development models in ‘fragile state’ settings. Rather than seeing conditionalities and ownership as two ends of a policy spectrum, the former may be a necessary instrument for achieving the latter.
Corrupting or Consolidating the Peace? The Drugs Economy and Post-conflict Peacebuilding in Afghanistan
This article examines how the drugs economy emerged, evolved and adapted to transformations in Afghanistan’s political economy. With a primary focus on the conflictual war to peace transition following the signing of the Bonn Agreement, the relationship between drugs and political (dis)order is explored. Central to the analysis is an examination of the power relationships and institutions of extraction that developed around the drug economy. Expanding upon a model developed by Snyder (2004), it is argued that joint extraction regimes involving rulers and private actors have tended to bring political order whereas private extraction regimes have led to decentralized violence and political breakdown. This model helps explain why in some parts of Afghanistan drugs and corruption have contributed to a level of political order, whereas in other areas they have fuelled disorder. Thus, there is no universal, one-directional relationship between drugs, corruption and conflict. Peacebuilding involves complex bargaining processes between rulers and peripheral elites over power and resources and when successful leads to stable interdependencies. Counter-narcotics policies have the opposite effect and are thus fuelling conflict.
Out of Step: Multilateral Police Missions, Culture and Nation-building in Timor-Leste
Internationally, there is a current rising demand for police to participate in complex peace operations. Achieving multilateral ‘integrated missions’ has become a key objective for these operations. One of the key requirements for such operations is interoperability between police drawn from different countries. Australia has had police serve in multilateral and other kinds of missions in Timor-Leste since 1999. In this article, we draw on interviews with 64 Australian police officers who participated in different missions in Timor-Leste. Integrating the insights from cultural analysis, the paper explores the specific challenges of bringing together police from different nations to work effectively within these operations.
Transnational Police Building: Critical Lessons from Timor-Leste and Solomon Islands
In this paper we begin by defining and examining the concept of police building. Its historical precedents and contemporary forms are briefly reviewed, showing a variety of motives and agendas for this kind of institution building. We argue that police building has been a relatively neglected dimension of nation- and state-building exercises, despite its importance to functions of pacification and restoration of law and order. The emerging literature on international police reform and capacity building tends to adopt a narrow institutionalist and universalistic approach that does not take sufficient account of the politics of police building. This politics is multilayered and varies from the formal to the informal. Using two case studies focusing on events in 2006 in Timor-Leste and Solomon Islands, the reasons for the fragility of many current police-building projects are considered. In both cases, we argue, police capacity builders paid insufficient attention to the political architecture and milieu of public safety.
The Imperative to Rebuild: Assessing the Normative Case for Postconflict Reconstruction
The past two decades have witnessed the proliferation of comprehensive international missions of peacebuilding and reconstruction, aimed not simply at bringing conflict to an end but also at preventing its recurrence. Recent missions, ranging from relatively modest involvement to highly complex international administrations, have generated a debate about the rights and duties of international actors to reconstruct postconflict states. In view of the recent growth of such missions, and the serious challenges and crises that have plagued them, we seek in this article to address some of the gaps in the current literature and engage in a critical analysis of the moral purposes and dilemmas of reconstruction. More specifically, we construct a map for understanding and evaluating the different ethical imperatives advanced by those who attempt to rebuild war-torn societies. In our view, such a mapping exercise is a necessary step in any attempt to build a normative defence of postconflict reconstruction. The article proceeds in two stages: first, we present the various rationales for reconstruction offered by international actors, and systematize these into four different “logics”; second, we evaluate the implications and normative dilemmas generated by each logic.
Fixing Failed States: A Framework for Rebuilding a Fractured World
The international community has struggled without much success to remedy the problem of failed states. Meanwhile, 40 or 50 countries around the world — from Sudan and Somalia to Kosovo and East Timor — remain in a crisis of governance. In this impressive book, Ghani, a former Afghan finance minister, and Lockhart, who has worked at the World Bank and the United Nations, assess the missteps and offer a new framework for coordinated action. They argue that international responses have failed because they have been piecemeal and have proceeded with little understanding of what states need to do in the modern world system to connect citizens to global flows. They advocate a “citizen-based approach.” State-building strategies would be organized around a “double compact”: between country leaders and the international community, on the one hand, and country leaders and citizens, on the other. The book also proposes methods for the generation of comparative data on state capacity — a “sovereignty index” — to be annually reported to the UN and the World Bank. Ultimately, this study offers a surprisingly optimistic vision. The fact that so many disadvantaged countries have made dramatic economic and political transitions over the last decade suggests that developmental pathways do exist — if only the lessons and practical knowledge of local circumstances can be matched to coordinated and sustained international efforts. The authors provide a practical framework for achieving these ends, supporting their case with first-hand examples of struggling territories such as Afghanistan, Sudan, Kosovo and Nepal as well as the world’s success stories–Singapore, Ireland, and even the American South.
Africa’s Development Beyond Aid: Getting Out of the Box
Nation-Building: Beyond Afghanistan and Iraq
Fukuyama brings together esteemed academics, political analysts, and practitioners to reflect on the U.S. experience with nation-building, from its historical underpinnings to its modern-day consequences. The United States has sought on repeated occasions to reconstruct states damaged by conflict, from Reconstruction in the South after the Civil War to Japan and Germany after World War II, to the ongoing rebuilding of Iraq. Despite this rich experience, there has been remarkably little systematic effort to learn lessons on how outside powers can assist in the building of strong and self-sufficient states in post-conflict situations. The contributors dissect mistakes, false starts, and lessons learned from the cases of Afghanistan and Iraq within the broader context of reconstruction efforts in other parts of the world, including Latin America, Japan, and the Balkans. Examining the contrasting models in Afghanistan and Iraq, they highlight the Coalition Provisional Authority in Iraq as a cautionary example of inadequate planning.
Building Peace: An Inventory of UN Peace Missions Since the End of the Cold War
After a brief introduction, this contribution comprises a tabular inventory of the 69 UN peace missions since the end of the Cold War. It highlights the structural features of each mission, the background to crisis and the mission’s contributions to security, socio-economic well-being, governance, justice and reconciliation.
Context, Timing and the Dynamics of Transitional Justice: A Historical Perspective
Holstering the Hired Guns: New Accountability Measures for Private Security Contractors
On September 16, 2007, a team of security contractors from Blackwater Worldwide shot dead seventeen Iraqi civilians while escorting American diplomats through central Baghdad. The fallout was swift and farreaching. Iraq demanded that Blackwater cease operating in the country. Its parliament introduced legislation to revoke the blanket immunity granted to contractors in the early days of the war by the American administrators who governed Iraq. Within a week, family members of the victims had filed a lawsuit in U.S. court, the FBI had launched an investigation and warned of criminal charges, and the House Government Reform Committee had issued a withering report on security contractors’ transgressions. Soon after the United States invaded Iraq in 2003, military commanders, academics, and Iraqi officials have warned of insufficient oversight and accountability for the private contractors operating there. Deployed in unprecedented numbers, contractors have been implicated in a range of alleged crimes and human rights violations. So far, however, not a single contractor has been successfully prosecuted for violence perpetrated in Iraq. Furthermore, no contractor or company has been held liable for torts committed there. Attempts at self-regulation by the industry have also proven ineffective. Recent months have seen wide-ranging attempts to bring accountability to the industry. This recent development will explain these efforts, which include legislative initiatives, criminal charges against individual contractors, and attempts by private litigants to secure judgments for money damages. Because of the enormous body of literature on the topic of private military contractors, the analysis will focus narrowly on the issue raised by the September shootings–the various punishments and remedies available under both civilian and military law for harms done by American contractors to Iraqi civilians.
Peacekeepers Among Poppies: Afghanistan, Illicit Economies and Intervention
This article analyses the role that the illicit narcotics economy has played in violent conflict in Afghanistan since the 1990s and the relationship between counter-narcotics and counter-insurgency policy in the country today. It details the evolution of the peacekeeping mission vis-a?-vis the narcotics economy, and the effects to date of the counter-narcotics policies that have been adopted since 2001. It argues that aggressive opium poppy eradication in Afghanistan today is premature and counterproductive with respect to counter-insurgency and stability objectives, as well as with respect to long-term economic development goals. The article concludes by providing policy recommendations on the role of peacekeeping forces with respect to illicit economies, arguing that the most important role peacekeeping forces have in tackling crime and reducing illicit economies is to provide security.
Moral Responsibilities and the Conflicting Demands of Jus Post Bellum
Balancing Peace, Justice and Sovereignty in Jus Post Bellum: The Case of ‘Just Occupation’
Theories of jus post bellum have tended to be what I call `restricted’, in that they have focussed on the norms to govern the ending and immediate aftermath of a just war. But the goal of building a just peace, which is the ultimate aim of a just war, often places rather longer-term responsibilities on the shoulders of the victorious just, especially where occupation of the defeated unjust state is required (the scenario on which I concentrate). Given the variety of possible post-conflict situations, then, we should expect there to be various conceptions of jus post bellum, sensitive to the context-specific demands of the `just peace’ objective. This article therefore sets out the case for an `extended’ theory of jus post bellum which is likely to be required in, for example, occupation scenarios. But, having argued that `restricted’ conceptions do not fully lay out what might be reasonably expected of just occupiers, the article then contends that the `extended’ considerations may be in significant tension with another post- bellum requirement, namely, the obligation to restore sovereignty to the occupied state as soon as is reasonably feasible. Various ways of negotiating the tension are discussed and found to be wanting. Given that just war theory in general is supposed to be action-guiding, the concern is that an extended jus post bellum may be unhelpfully action-disorienting. The ostensibly strong case for it is therefore cast into some doubt and some implications for how the obligations of peacebuilding for just occupiers should theorised are considered.
This report was written with the intention of providing information and enhancing the debate around accountability processes, and in particular further prosecutions in South Africa. The report begins with an overview of the international obligations around holding perpetrators accountable within post-conflict societies. This overview also includes a description of attempts in Argentina and Chile to pursue prosecutions in conjunction with (or following upon) a truth commission. The next section of the report focuses specifically on South Africa, and consolidates the information on indemnities, amnesties and prosecutions from the 1990s to present. A legal analysis of the amended prosecution guidelines, passed in 2005 is then provided. This analysis is provided in that it is deemed as a policy which has, and will continue to, affect prosecutions for “conflicts of the past.” The report then continues with a case study of the Highgate Massacre of 1993, which explores the opportunities and challenges for further investigations and prosecutions. Finally, some concluding remarks are made which highlights some of the key points outlined through the report.
A Bottom-Up Approach to Transformative Justice in Northern Ireland
This article explores community-based restorative justice projects run by political exprisoners and former combatants in Northern Ireland, initiatives which are dealing with everyday crime and conflict in local communities in a period of transition. It is argued that restorative justice can act as a facilitator, both for individuals within the community and between communities and the state, when violence-supporting norms are expected to be replaced by nonviolent approaches to conflict and its resolution. The article also argues for a greater role for criminological approaches to crime, punishment and justice within transitions, recognising the strengths of criminology to address underlying causes of continued violence in postconflict settings. In particular, this article investigates attempts by these initiatives to build bridges between historically estranged communities and the police, and argues for the possibility of restorative justice becoming a catalyst for transformative justice during times of rapid social change.
Undercutting the Political Economy of Conflict in Bosnia and Herzegovina: A Transnational Justice Approach to Prosecuting Systemic Economic Crimes
While transitional justice scholarship has begun to recognize that engaging with the economic forces driving particular conflicts is a crucial part of dealing with the legacy of those conflicts, the international community has been slow to implement mechanisms to address those forces in any meaningful way in postconflict societies. One notable exception, however, has been the section of the internationalized state court in Bosnia and Herzegovina dedicated to prosecuting the most serious cases of organized crime, economic crime and corruption. Although generally overlooked by the transitional justice community, the model it established for a hybrid tribunal targeting systemic economic crimes is ideal for tackling many of the forces that contribute to continued instability in Bosnia and other post-conflict societies. Through the framework of recent scholarship on the political economy of conflict, this Note first identifies several economic structures that have promoted and facilitated conflict in Bosnia, including pervasive corruption and an extensive shadow economy tied to organized crime. The Note then explains how the internationalized court was designed to effectively target those phenomena in the post-combat economy. Finally, the Note argues that international involvement in prosecuting economic crimes can be justified under international law where narrowly tailored to address the systemic crimes underpinning conflict.
From War to Politics: Resistance/Liberation Movements in Transition
Resurrecting the Rule of Law in Liberia
The rule of law is more than a legal concept. It encompasses more than an established set of rules and legal institutions. In the case of Liberia, there can be no rule of law without the commitment of those relatively few people who administer those rules on behalf of a post-conflict state that has endured twenty-five years of civil war and exploitation. This Essay seeks to prove that existing legal architecture and institutions in a post-conflict state matter less to the rule of law than does the character of the people who run the legal system. The Essay does not suggest that legal rules are, or should be, subordinate to personality in the orderly functioning of a postconflict society. However, it concludes that emphasis on creating new laws to address the perceived causes of state failure will ultimately accomplish little if the judges and lawyers who operate the legal system are not genuinely committed to the rule of law. This argument is developed by outlining, in very broad terms, the pre-conflict Liberian legal system and how it failed to serve as a meaningful bulwark against warlord predators. Then, the Essay focuses on a particular case, decided by Liberia’s Supreme Court on August 23, 2007, involving Liberia’s former head of state, Charles Gyude Bryant, who served as chairman of the National Transitional Government of Liberia (NTGL) from October 2003 until the inauguration of Liberia’s current President, Ellen Johnson-Sirleaf, on January 16, 2006. The Bryant case provides an example of how the presidential immunity provision in Liberia’s Constitution was invoked in an attempt to trump the rule of law with the rule of impunity, and how the Supreme Court of Liberia’s judgment offers hope for a better day in Liberia’s legal future, notwithstanding the divided opinion of the Court.
Nation-Building Unraveled? Aid, Peace and Justice in Afghanistan
Using Afghanistan as a pivot, this book illustrates how emerging international “ordering” practices affect the role and policy of international actors such as United Nations agencies and international NGOs, their interaction with national authorities and local communities, and their ability to generate just and social outcomes.
Iraq: The Contradictions of Exogenous State-building in Historical Perspective
This article compares Britain’s failed attempt at building a stable, liberal state in Iraq from 1914 to 1932 with the USA’s struggle to stabilise the country after regime change in April 2003. It sets out a template for endogenous state-building based on the evolution of the European state system. It then compares this to exogenous extra-European state-building after both World War I and the Cold War. It focuses on three key stages: the imposition of order, the move from coercive to administrative capacity and finally the evolution of a collective civic identity linked to the state. It is this process against which Iraqi state-building by the British in the 1920s and by the USA from 2003 onwards can be accurately judged to have failed. For both the British and American occupations, troop numbers were one of the central problems undermining the stability of Iraq. British colonial officials never had the resources to transform the despotic power deployed by the state into sustainable infrastructural capacity. Instead they relied on hakumat al tayarra (government by aircraft). The dependence upon air power led to the neglect of other state institutions, stunting the growth of infrastructural power and hence state legitimacy. The US occupation has never managed to impose despotic power, having failed to obtain a monopoly over the collective deployment of violence. Instead it has relied on ‘indigenisation,’ the hurried creation of a new Iraqi army. The result has been the security vacuum that dominates the south and centre of the country. The article concludes by suggesting that unsuccessful military occupations usually end after a change of government in the intervening country. This was the case for the British in May 1929 and may well be the case for the USA after the next presidential election in 2008.
Towards a More Professional Approach to Nation-building
This article describes the slow and uneven movement towards a more professional approach to nation-building. The post-cold war era is replete with instances where the United States found itself burdened by the challenges of nation-building in the wake of a successful military operation. American performance in the conduct of such missions improved slowly through the 1990s, but this trend was not sustained into the decade beginning in 2000. The article outlines what a more professional approach to peacebuilding would require, highlighting a hierarchy of tasks that flow in the following order: security, humanitarian relief, governance, economic stabilization, democratization and development.
Preparing for Nation-building
Preparation for nation-building requires that responsible political leaders consult both with regional and functional experts, those who know why the society in question descended into conflict and those who know from experience elsewhere how to put such societies back together. Goals must be established which transcend the most immediate and normally negative purposes of the inter vention, e.g. halting conflict, stopping genocide or turning back aggression. These positive goals must be commensurate with the scale of military manpower and economic assistance likely to be committed. The larger the social transformation envisaged, the greater the resistance likely to be encountered. The most common cause for the failure of nation-building endeavours is a mismatch between objectives and commitments.
Mission Without End? Peacekeeping in the African Political Marketplace
Challenges to Peace: Conflict Resolution in the Great Lakes Region of Africa
Efforts to bring peace and reconstruction to the Central African region have been fashioned by contemporary conflict resolution models that have a standard formula of peace negotiations, with a trajectory of ceasefire agreements, transitional governments, demilitarization, constitutional reform and ending with democratic elections. Local dynamics and the historical and multifaceted nature of the conflicts are rarely addressed. Furthermore, participants in the peace process are restricted to representatives of political parties, the state and rebel movements, to the exclusion of civil society. Using as examples the conflicts and peace processes in three Great Lakes countries-Rwanda, Burundi and the Democratic Republic of Congo-the paper contends that contemporary global frameworks for peacemaking and peace building that rest on the acceptance of neoliberal political and economic models cannot lay the foundations for the conditions necessary for sustainable peace. This necessitates the utilisation of a more inclusive concept of peace, the starting point of which has to be the emancipation of African humanity.
Reconstructing Iraq: Insights, Challenges, and Missions for Military Forces in a Post-Conflict Scenario
In October 2002, the U.S. Army War College’s Strategic Studies Institute, in coordination with the Office of the Army Deputy Chief of Staff/G-3, initiated a study to analyze how American and coalition forces can best address the requirements that will necessarily follow operational victory in a war with Iraq. The objectives of the project were to determine and analyze probable missions for military forces in a post-Saddam Iraq; examine associated challenges; and formulate strategic recommendations for transferring responsibilities to coalition partners or civilian organizations, mitigating local animosity, and facilitating overall mission accomplishment in the war against terrorism. The study has much to offer planners and executors of operations to occupy and reconstruct Iraq, but also has many insights that will apply to achieving strategic objectives in any conflict after hostilities are concluded. The current war against terrorism has highlighted the danger posed by failed and struggling states. If this nation and its coalition partners decide to undertake the mission to remove Saddam Hussein, they will also have to be prepared to dedicate considerable time, manpower, and money to the effort to reconstruct Iraq after the fighting is over. Otherwise, the success of military operations will be ephemeral, and the problems they were designed to eliminate could return or be replaced by new and more virulent difficulties.
Peacebuilding in the Pacific: The Australian Military Experience
The Role of Women in Stabilization and Reconstruction
Rethinking Post-war Security Promotion
Conclusion: From Iron Fist to Invisible Hand – Peace Operations, Organized Crime and Intelligent International Law Enforcement
This conclusion reviews the Special Issue’s perspective on organized crime as both potential ‘enemy’ and ‘ally’ of peace processes. The social and economic power wielded by organized crime is highlighted, pointing to the role that peace operations play as an intervening variable between individuals/communities and the environments in which they operate. Peace operations use a range of tactics, from coercion to co-option, working with or against organized crime. However, these tactics will only be successful if they are framed within a coherent strategy, which may pursue either containment or transformation- or seek to combine them- through a phased transitional strategy. Peace operations should be a key component in a broad strategy of intelligent international law enforcement.
Introduction: Rethinking the Relationship Between Peace Operations and Organized Crime
Peace operations are increasingly on the front line in the international community’s fight against organized crime. In venues as diverse as Afghanistan, the Balkans, Haiti, Iraq and West Africa, multiple international interventions have struggled with a variety of protection rackets, corruption and trafficking in a wide range of licit and illicit commodities: guns, drugs, oil, cars, diamonds, timber – and human beings. This introduction to the Special Issue on peace operations and organized crime discusses the concept of ‘organized crime’ as a label, and suggests ways of differentiating organized crime groups on the basis of their social governance roles, resources and strategies towards authority structures – such as peace operations.
Winning Haiti’s Protection Competition: Organized Crime and Peace Operations Past, Present and Future
This article draws lessons from the experiences of international involvement in Haiti from 1990 to the present day. It argues that if the model of liberal, responsible government championed by the international community is to provide a resolution to the ongoing violence and instability in Haiti, then Haitian society will first have to be wooed away from coercive ‘protection’ by local and transnational organized crime. However, it argues that peace operations as they are currently conceived and deployed are ill-equipped for this task, given their limited territorial ambit and traditional focus on military response rather than political economy. However, the article concludes that experiences in Haiti may also offer lessons about how peace operations could win ‘protection competitions’ by serving as the leading edge of a unified international strategy for the transformation of local political economies.
The Limits of Retributive Justice: Findings of an Empirical Study in Bosnia and Hercegovina
From Negative to Positive Peace: The Case of Bosnia and Hercegovina
This article, which is grounded in qualitative interview data, takes as its starting point the contention that war crimes tribunals can aid reconciliation, and more specifically the claim made by the International Criminal Tribunal for the former Yugoslavia (ICTY) that its work is contributing to reconciliation in the region. Focusing on Bosnia and Hercegovina (BiH), the first question that it seeks to answer is not whether the ICTY has positively impacted on reconciliation, but rather the more immediate question of whether reconciliation actually exists in BiH. Defining reconciliation as the restoration and repair of relationships and as the acknowledgement of war crimes and responsibility, it argues that there is no reconciliation in present-day BiH. There is only negative peace an absence of conflict. The second crucial question that this article explores, therefore, is whether and how this negative peace can be developed into positive peace characterized by reconciliation. Emphasizing two critical obstacles to any reconciliation process in BiH, namely insufficient contact between interethnic groups and the existence of denial and competing truths, it identifies three important measures to address these. These are the abolition of the divisive ‘two schools under one roof’ education system, the replacement of the Dayton Peace Accords (DPA) with a constitutional structure that encourages interethnic contact rather than separation, and the creation of a truth and reconciliation commission (TRC). On the issue of whether the ICTY can itself contribute to reconciliation in BiH, the article concludes that while retributive justice is an important mechanism in postconflict societies, the difficulties and challenges that the ICTY faces in BiH underscore the limitations of criminal trials and the imperative of a multifaceted approach to reconciliation combining different transitional justice elements.
When Peacebuilding Contradicts Statebuilding: Notes from the Arid Lands of Kenya
Local peace initiatives have been introduced in post-conflict settings in aid of statebuilding processes. However, contradictions in such efforts that undermine the state become apparent in a development context when government institutions are, generally, functioning. Peacebuilding initiatives in the arid lands of Kenya are a good example of this. While they have proved successful in resolving conflicts at the local level, they challenge the state structure in three ways. First, some of their features run counter to the official laws of Kenya and jeopardize the separation of powers. Second, they pose a dilemma, since their success and legitimacy are based on grassroots leadership and local concepts of justice. Both can be at odds with democratic decision-making, inclusiveness and gender equity. Third, they provide yet another tool for abuse by politicians and other local leaders. This reveals a dilemma: aspects of peacebuilding can actually undermine a statebuilding endeavour.
Post-Conflict Peacebuilding: A Lexicon
Post-Conflict Peacebuilding comes at a critical time for post-conflict peacebuilding. Its rapid move towards the top of the international political agenda has been accompanied by added scrutiny, as the international community seeks to meet the multi-dimensional challenges of building a just and sustainable peace in societies ravaged by war. Beyond the strictly operational dimension, there is considerable ambiguity in the concepts and terminology used to discuss post-conflict peacebuilding. This ambiguity undermines efforts to agree on common understandings of how peace can be most effectively ‘built’, thereby impeding swift, coherent action. Accordingly, this lexicon aims to clarify and illuminate the multiple facets of post-conflict peacebuilding, by presenting its major themes and trends from an analytical perspective. To this end, the book opens with a general introduction on the concept of post-conflict peacebuilding, followed by twenty-six essays on its key elements (including capacity-building, conflict transformation, reconciliation, recovery, rule of law, security sector reform, and transitional justice). Written by international experts from a range of disciplines, including political science and international relations, international law, economics, and sociology, these essays cover the whole spectrum of post-conflict peacebuilding. In reflecting a diversity of perspectives the lexicon sheds light on many different challenges associated with post-conflict peacebuilding. For each key concept a generic definition is proposed, which is then expanded through discussion of three main areas: the meaning and origin of the concept; its content and essential components; and its means of implementation, including lessons learned from past practice.
Occupation as Liberation: International Humanitarian Law and Regime Change
Looking Backward to Address the Future? Transitional Justice, Rising Crime, and Nation-Building
This Article considers the role of crime in transitional states. I draw on three case studies, two from Latin America (Brazil and El Salvador), and one from sub-Saharan Africa (South Africa). It first briefly considers the similarity in focus of transitional justice approaches to police and criminal justice reform, invoking acculturation theory to explain the replication of a dominant, backward-looking script across different transitional states. Next, it considers the frequent inability of police and the criminal justice system to cope adequately with rising crime using these replicated scripts and the consequences of this failure for the defense of human rights, the rule of law, and the stability of new democracies. The Article assesses the particular dynamics of these processes for each of the three country case studies. Throughout the Article, I seek to demonstrate that it is crucial to address deficiencies in domestic criminal justice systems precisely during periods of transition and that criminal justice solutions should be developed at this time-to the extent possible-in an objective and comprehensive fashion, rather than in ways that seek to respond to problems of the pre-transitional state. In this way, I suggest, transitional justice can progress beyond existing, backward-looking frameworks to build nations capable of addressing the challenges they will face as they move forward.
(Dis)integration, Incoherence and Complexity in UN Post-conflict Interventions
The UN has developed a series of internal ‘integration reforms’ that aim to increase its capacity to integrate its post-conflict efforts through a single coherent strategy, and ultimately to support sustainable war-to-peace transitions. This article argues that these reforms could be redesigned to take into account the causes of the (dis)integration, incoherence and complexity of UN post-conflict interventions, to make them more comprehensive and more realistic. While some degree of both strategic coherence and operational integration may be necessary to improve the effectiveness of UN post-conflict interventions, these are inadequate without an increased conflict-sensitivity in each UN entity involved in post-conflict interventions. For the whole to be greater than the sum of the parts, the parts must make a significant contribution to the whole.
Building States to Build Peace
There is increasing consensus among scholars and policy analysts that successful peacebuilding can occur only in the context of capable state institutions. But how can legitimate and sustainable states best be established in the aftermath of civil wars? And what role should international actors play in supporting the vital process? Addressing these questions, this state-of-the-art volume explores the core challenges involved in institutionalizing postconflict states. The combination of thematic chapters and in-depth case studies covers the full range of the most vexing and diverse problems confronting domestic and international actors seeking to build states while building peace. Case studies include: Somalia, Palestine, Bosnia, East Timor / Timor-Leste, Afghanistan, Liberia
Constructing Justice and Security After War
This book addresses what both scholars and practitioners now recognize as a foundation of effective peace: effective, legitimate, and rights-respecting systems of justice and physical security. This volume provides nine case studies by distinguished contributors, including scholars, criminal justice practitioners, and former senior officials of international missions, most of whom have closely followed or been intimately involved in these processes. The wide-ranging case studies address whether and how societies emerging from armed conflict create systems of justice and security that ensure basic rights, apply the law effectively and impartially, and enjoy popular support. The studies examine the importance of social, economic, and cultural factors as well as institutional choices regarging the form, substance, and sequence of reforms. Cases include: El Salvador, Haiti, Guatemala, South Africa, Rwanda, Bosnia, Kosovo, East Timor / Timor Leste. Additional Topic: Gender.
Neither Loyalty, Nor Fear: Some Thoughts on Building Greater Respect for Justice and Law in South Africa
In the midst of the current crisis of crime and violence, it seems almost trite to state that there is a need for greater respect for justice and the law in South Africa. As reflected in some recent studies on organised crime, attitudes of ambivalence towards the law on the part of many South Africans contribute to an environment in which organised, and other crime, flourishes. Known criminals are widely tolerated, or even admired – notably if they are perceived as preying on people from other communities. This forms part of a culture which also condones other illegal practices, spanning everything from the buying of stolen goods and illegal reconnections, to corruption and white-collar crime. The fact that there is also a significant problem of vigilantism is also obviously a manifestation of a lack of respect for the law. Vigilantism is, in part, motivated by the sense that people have that they need to take the law into their own hands as they cannot rely on the criminal justice system to enforce the law. This belief in the ineffectiveness of the criminal justice system in turn provides vigilantes with the confidence that, in punishing the alleged perpetrators of the original crime, they themselves can violate the law with impunity.
American Foreign Policy and Postwar Reconstruction: Comparing Japan and Iraq
On the eve of the invasion of Iraq, President G.W. Bush argued that if setting up democracy in Japan and Germany after WW II was successful, then it should also be successful in Iraq. This book provides a detailed comparison of the reconstruction of Japan from 1945 to 1952 with the current reconstruction of Iraq, evaluating the key factors affecting the success or failure of such projects. The book seeks to understand why American officials believed that extensive social reengineering aiming at seeding democracy and economic development is replicable, through identifying factors explaining the outcome of U.S.-led post-conflict reconstruction projects. The analysis reveals that in addition to the effective use of material resources of power, the outcome of reconstruction projects depends on a variety of other intertwined factors, and Bridoux provides a new analytical framework relying on a Gramscian concept of power to develop a greater understanding of these factors, and the ultimate success or failure of these reconstruction projects.
The Role of International Law in Rebuilding Societies after Conflict
International law can create great expectations in those seeking to rebuild societies that have been torn apart by conflict. For outsiders, international law can mandate or militate against intervention, bolstering or undermining the legitimacy of intervention. International legal principles promise equality, justice and human rights. Yet international law’s promises are difficult to fulfil. This volume of essays investigates the phenomenon of post-conflict state-building and the engagement of international law in this enterprise. It draws together original essays by scholars and practitioners who consider the many roles international law can play in rehabilitating societies after conflict. The essays explore troubled zones across the world, from Afghanistan to Africa’s Great Lakes region, and from Timor-Leste to the Balkans. They identify a range of possibilities for international law in tempering, regulating, legitimating or undermining efforts to rebuild post-conflict societies.
Iraq: Preventing a New Generation of Conflict
This book seeks to move the debate on Iraq toward a consideration of how Iraqis, with the help of the international community, can build an inclusive and enduring social contract amongst themselves. The volume analyses the drivers of conflict and outlines the requirements – and obstacles in the way – of a successful peace-building enterprise in a country that has endured domestic upheavals, but also generated threats to international peace and security, for more than a generation. The authors argue that a downward spiral of violence and possible state collapse can be avoided – but that much needs to be done to achieve these aims.
Security Sector Reform in Liberia: An Uneven Partnership without Local Ownership
The security situation in Liberia is currently quite good, and at a glance the peacebuilding process seems to be moving ahead. However, the root causes of the conflict have not been adequately addressed, but have in fact become more interlinked in the aftermath of the civil war. Instead of addressing local perceptions of insecurity the international community made plans for Liberia without considering the context in which reforms were to be implemented. The peace in post-conflict Liberia is therefore still fragile and the international presence is regarded as what secures the peace. Still, the UN is supposed to start its full withdrawal in 2010, indicating that the international community will leave the country without addressing the root causes of conflict.
Making Plans for Liberia – A Trusteeship Approach to Good Governance?
Since the end of the Liberian civil war in August 2003 the international community has been “making plans” for Liberia. However, it rarely questioned whether these plans were in accordance with the political and economic logic of the peace agreement and the subsequent transitional government. The consequence was that corruption continued and a much more intrusive economic management plan was established. The Governance and Economic Management Assistance Programme is supposed to combat corruption and facilitate good governance, but it also limits the range of policy options for the new democratically elected government of Ellen Johnson-Sirleaf. The irony is that the best and most legitimate government that Liberia has ever had is subject to stronger external control than any of its predecessors. The probability that this scheme will remain sustainable when donor interest shifts elsewhere is low, and what is needed is a more pragmatic approach that draws a wider segment of Liberian society into anti-corruption management and creates checks and balances between them.
Minding the Liability Gap: American Contractors, Iraq, and the Outsourcing of Impunity
With the proliferation of the U.S. military’s reliance on contractors as a means of supplementing – and not just supplying – the troops on the ground, serious questions have arisen with respect to the legal regime governing the contractors’ conduct. The legal regime that governs those contractors is at best unclear, given the contractors generally fall outside the auspcies of the Uniform Code of Military Justice. My focus is on the accountability of the U.S. government for the actions of their private contractors. In Part II, I discuss the necessity and importantce of a civil right of action in these cases. Part III will examine the era of privatization and rise of the private contractor in the War on Terror. Part IV demonstrates the lack of accountability for U.S.-directed contractor abuse under current law. Finally, in Part V, I examine mechanism for minding the liability gap between the rights of the abused and the liability of those ultimately responsible.
On Good Terms: Clarifying Reconciliation
This report addresses some of the deep confusion that still surrounds the term reconciliation, and its practice in post-violence peacebuilding. Despite its generally acknowledged importance, there remains great disagreement over what reconciliation actually means and, in particular, how it relates to other concepts and processes, such as justice, peacebuilding, democratisation and political development. It reviews some of the ongoing debates, from scholarship as well as policy and practice, which highlight the disputed nature of the term, and offer a modest framework for reducing the confusion to more manageable levels. The report also examines its complex relationship to two key concepts: justice, and forgiveness. The paper builds on, and pushes further, some of the thoughts first presented in an earlier work, Reconciliation After Violent Conflict: A Handbook, produced for the International Institute for Democracy and Electoral Assistance (IDEA), (Bloomfield et al. 2003).
Laying the Foundations of Democracy: Reconsidering Security Sector Reform Under UN Auspices in Kosovo
This article explores the relationship between security sector reform (SSR) and democratic transition in post-conflict contexts, drawing on Kosovo as a case. The study focuses in particular on the justice sector in Kosovo, reviewing the ways in which security, the rule of law and democracy have been intertwined. The article first outlines the context of the international mission in Kosovo, before proceeding to consider how the objectives, needs and constraints of different actors have influenced the reform of the security institutions and the democratization process. Thereafter, it discusses the concepts of SSR and democratic transition, briefly reviewing the UN discourse and record in SSR-related activities. Finally, it explores the interplay of these factors in the Kosovo justice sector reform process. The main finding stemming from this analysis is that not only do SSR and democratization agendas interfere with each other, but measures adopted to cope with security challenges related to the post-conflict context can also affect them both. Furthermore, this finding demonstrates that a welldeveloped UN theoretical discourse is still not matched by the reality of UN practices in the field.
Building Peace After War
Author addresses the widespread practice of intervention by outside actors aimed at building ‘sustainable peace’ within societies ravaged by war, examining the record of interventions from Cambodia in the early 1990s to contemporary efforts in Afghanistan and the Democratic Republic of the Congo. The book analyses the nature of the modern peacebuilding environment, in particular the historical and psychological conditions that shape it, and addresses the key tasks faced by outside forces in the early and ciritical ‘post-conflict’ phase of an intervention.
Transitional Justice, Interdisciplinarity and the State of the “Field” or “Non-Field”
Transitional justice appears to be an established field of scholarship connected to a field of practice on how to deal with past human rights abuses in societies in transition. The original focus of transitional justice discourse was that human rights law requires accountability in transitions, rooted in the discipline of law. Over time, this focus has been expanded to include a much broader range of mechanisms, goals and inquiries across a range of disciplines. In order to probe the current state of the field, this article argues against the current conception of transitional justice as a praxis-based interdisciplinary field. It suggests that there is a hidden politics to how transitional justice has been constructed as an interdisciplinary field that obscures tensions between the range of practices and goals that it now incorporates.
A New Course for Pakistan
Building a Republican Peace: Stabilizing States after War
Although peacebuilders do not operate from a common template, liberal values so define their activities that their efforts can be called “liberal peacebuilding.” Many postconflict operations aspire to create a state that contains the rule of law, markets, and democracy. Growing evidence suggests, however, that liberal peacebuilding is re-creating the conditions of conflict; states emerging from war do not have the necessary institutions or civic culture to absorb the pressures associated with political and market competition. In recognition of these problems and dangers, there is an emerging call for greater attention to the state and institutionalization before liberalization. These critiques, and lessons learned from recent operations, point to an alternative-republican peacebuilding. Drawing from republican political theory, this article argues that the republican principles of deliberation, constitutionalism, and representation can help states after war address the threats to stability that derive from arbitrary power and factional conflict and, in the process, develop some legitimacy. Republican peacebuilding is not only good for postconflict states; it also is appropriate for international peacebuilders, who also can exercise arbitrary power.
Culture and Custom in Nation-Building: Law in Afghanistan
Afghanistan’s restoration of the rule of law has set in motion a renewed debate about fundamental legal principles that has not been seen in the West since the time of the Enlightenment: Who is justice for? Who has the right to seek compensation or justice? Does the state or the individual have priority in seeking justice and delivering punishment? Is law a human creation or is it rooted in divine authority? But it is a debate without an audience in the international community that is assisting the Afghan government in restoring its judicial system because the answer appears so self-evident. Those from societies with long established systems of formal justice automatically assume that it is an ultimate good, that surely everybody wants justice applied by the state. The Afghans who run the formal system assert the same. But they have not won over the population by any means since people, particularly in rural areas, are still fighting out this issue politically and culturally: Is state authority a good idea? Who should set the terms of agreement? Who should determine the rights and the wrongs? This is because so many areas of Afghanistan have operated without (or outside of) formal government institutions for a very long time; not just because of war, but because that is the way things have always been. For example, the assumption that the state has exclusive sovereignty over criminal matters is not fully accepted by most of the Afghan population. Here the family still takes precedence, reserving the right to take revenge or demand compensation when one of its members has suffered an injury. Such injuries extend beyond physical damages to property or person and include damages to a group’s honor that demand retaliation. While Afghan governments formally reject such claims of personal justice, they have never been able to extend the formal system to most of rural Afghanistan; the people there never relied on state institutions and often took offense when the state interfered in what they viewed to be personal matters.
The Evolution of Post-conflict Recovery
Recent history has been marked by the rise of post-conflict intervention as a component of military and foreign policy, as a form of humanitarianism and as a challenge to Westphalian notions of state sovereignty. The terms of debate, the history of the discipline and the evolution of scholarship and practice remain relatively under-examined, particularly in the post-9/11 period in which post-conflict recovery came to be construed as an extension of conflict and as a domain concerned principally with the national security of predominantly Western countries. The subsequent politicisation of post-conflict recovery and entry of post-conflict assistance into the political economy of conflict have fundamentally changed policy making and practice. The authors argue that research into post-conflict recovery, which must become increasingly rigorous and theoretically grounded, should detach itself from the myriad political agendas which have sought to impose themselves upon war-torn countries. The de-politicisation of post-conflict recovery, the authors conclude, may benefit from an increasingly structured “architecture of integrated, directed recovery.”
State Building and Post-Conflict Demilitarization: Military Downsizing in Bosnia and Herzegovina
Access to Justice in a Post-conflict State: Donor-supported Multidimensional Peacekeeping in Southern Sudan
Post-conflict governments and donors prioritize rebuilding the justice sector through state delivered rule of law and access to justice programmes. Misunderstanding the nature of the post-colonial state, such programmes make questionable assumptions. First, that a lack of access to state justice is the same as an overall absence of justice. Second, that the state system that is being built is what people want. Third, that the state system of justice that is being built could provide a sustainable nationwide network in the foreseeable future. Based on interviews conducted with policy designers, practitioners, local people and chiefs at three sites in southern Sudan 2007, this article calls for a rethinking of donor-supported justice and police development and advocates an approach that recognizes the importance of local justice.
Multi-layered Justice and Security Delivery in Post-conflict and Fragile States
This paper examines the value of an alternative approach to SSR policy, namely a multi-layered one in post-conflict and fragile state environments. It begins by arguing that there is a state-centric bias in current SSR policy and practice. This contradicts development principles of a ‘people-centred, locally owned’ approach in post-conflict and fragile state contexts. The SSR’s state-centric approach rests upon two fallacies: that the post-conflict and fragile state is capable of delivering justice and security; and that it is the main actor in security and justice. The paper goes on to present the outline of a multi-layered strategy. This addresses the issue of who is actually providing justice and security in post-conflict and fragile states. The paper continues by describing the accountability mechanisms that could be pursued by SSR programmes in support of this approach. The conclusion is that the advantage of the multi-layered approach is that it is based not on the state’s capacity, but on the quality and efficacy of the services received by the end user, regardless of who delivers that service.
Security in Post-Conflict Africa: The Role of Nonstate Policing
Conflict Transformation Through State Reform
On Living with Negative Peace and a Half-Built State: Gender and Human Rights
This article examines the double standards associated with a precarious international peacebuilding strategy in Afghanistan based on impunity and half-truths rather than accountability and transitional justice. Many international organizations have turned a blind eye to past and current human rights atrocities through forms of rationalization based on an empowerment of cultural differences, relativization of progress and “policy reductionism.” Consequently, and in the absence of consistently applied rights instruments, societal divisions along gender, ethnic and other lines have intensified Afghanistan’s culture of intolerance to human rights, thereby violating the very principles the international community purports to uphold. Drawing on first-hand experiences, personal interviews and a sober analysis of trends, this article challenges some of the conventional assumptions held about the perception and knowledge of human rights among Afghans. It concludes by identifying possible areas of future study to better understand both the prospects for transitional justice and how ordinary Afghans continue to cope with widespread injustice and inequality.
Views on the Ground: The Local Perception of International Criminal Tribunals in the Former Yugoslavia and Sierra Leone
How “Transitions” Reshaped Human Rights: A Conceptual History of Transitional Justice
Natural Law, Agents and Patients and Minority Rights
This is a theoretical paper on the individual and group rights in the context of conflict transformation. Excerpt from conclusion: The discourse on group rights is committed to explore, protect and strengthen individual and collective identities. One must see group rights as a component of the larger system of rights. The central issue is to make individuals and groups compatible and thereby avoid contradiction.
Women, Security and the Patriarchy of Internationalized Transitional Justice
In the contemporary global context, transitions from conflict to peace and from authoritarian to democratic governance are a critical preoccupation of many states. In these contexts, accountability for the abuses committed by prior regimes has been a priority for international institutions, states, and new governments. Nonetheless, transitional justice goals have expanded to include a broad range of structural reforms in multiple spheres. Whether an expanded or contracted transitional justice paradigm is used to define the perimeters of change, gender concerns have been markedly absent across jurisdictions experiencing transformation. This article examines the conceptualization of and legal provision for gender security and its subsequent effects upon accountability in times of transition, with particular reference to post-conflict societies. The article closely assesses a range of contemporary issues implicated for women including an examination of post-conflict security from a gender perspective, gender and disarmament, and the centrality and effect of security sector reform for women. The article pays particular attention to the under-theorized and under-researched role of international masculinities, and the patriarchy that is imported with international oversight of transitional societies.
Civilizing Peacebuilding: Transitional Justice, Civil Society and the Liberal Paradigm
Learning to Live Together: Transitional Justice and Intergroup Reconciliation in Northern Ireland
Filling the “Security Gap” in Post-conflict Situations: Could Formed Police Units Make a Difference?
The increased sophistication of peacekeeping missions has inevitably expanded the roles of all actors in the field particularly the military who have to play law enforcement functions, in addition to their traditional role, until civilian police are deployed. This essay discusses the consequences of the military role as law enforcers in conflict situations. The author proposes the concept of Formed Police Units (FPUs) to close the security gap that arises in these cases.
Managing Armed Conflicts in the 21st Century
The unification of Germany extended the economic and political system of the west to the east. The system transfer led to a “problematic normalisation” as East Germans have tried to adjust to uncertainties they had never known: in employment, education and training, family life, immigration. A decade on, the book examines what kind of civil society has emerged, how East Germans fared in th social transformation and how processes of transformation in the new Germany relate to European policy agendas for analysing social transformation and its two key tenants: the transformation process affecting advanced industrial societies generally, and the process of post-communist transformation pertaining to Germany. The book addresses this “dual transformation”, firstly, by placing the developments in eastern Germany in a comparative European perspective and, subsequently, by considering in key areas of east German society and through personal responses, to what extent state-socialist legacies continue to matter.