Abstract
UN peace operations undertake a broad array of rule of law activities aiming to rebuild the justice system and end impunity. Rule of law activities in UN peace operations have matured over the last 20 years since the UN experiments with statebuilding in Kosovo and East Timor. Today, rule of law activities can often clearly be seen to advance the broader goal of establishing the host state as the legitimate authority. This paper first discusses the UN’s understanding of the rule of law and why the UN has chosen to underpin its peacebuilding agenda with ending impunity. Second, transitional justice in MINUSCA is discussed including the establishment of the Special Criminal Court. Third, UNMISS is investigated where the UN had an unprecedented challenge of ensuring the rule of law on protection of civilian sites. Lastly, the promise of local justice is assessed. It is suggested that while ending impunity and strengthening formal institutions can be important to ensure human rights violations do not persist, there needs to be an overarching, bottom-up strategy in place to engage and empower local communities, and other civil actors, to be part of the rule of law process.
Highlights
Contemporary UN peace operations have an undeniable focus onbuilding the rule of law. Peace operations achieve this by supporting the host state in rebuilding the justice system through activities such as training judges, refurbishing courts and prisons, and in the case of the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA) assisting with the creation and operation of a hybrid court under unique powers found in the mandate
MINUSCA is branded as a stabilization mission with a closer relationship to the host state and express strategies to ‘extend state authority.’[2]. State authority is advanced by providing assistance with the Special Criminal Court (SCC) and by utilising urgent temporary measures ‘to maintain basic law and order and fight impunity’ not found in other mandates.[3]
MINUSCA has pursued an extensive rule of law mandate with unique powers to maintain basic law and order
Summary
Contemporary UN peace operations have an undeniable focus on (re)building the rule of law. Drawing on examples from two missions, MINUSCA and the United Nations Mission in South Sudan (UNMISS), the mandates for both make specific mention of supporting the rule of law and have carried out numerous activities to end impunity and re-establish the rule of law. These missions work alongside the host state to varying degrees. Assessing the rule of law in light of where the local have and have not been engaged and empowered, it is suggested that while ending impunity and strengthening the state can be important to ensure human rights violations do not persist, there needs to be an overarching, bottom-up strategy in place to allow local communities, and other civil actors, to be an active part of the rule of law process
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