Rule Of Law Tools For Post Conflict States

Rule of law Tools for Post conflict States PDF
Author: United Nations Office of the High Commissioner for Human Rights
Publisher: United Nations
Category : Political Science
Languages : en
Pages : 46
View: 189

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Book Description:
Countries emerging from conflict often suffer weak or non-existent rule of law, inadequate law enforcement and justice administration capacity, and increased instances of human rights violations. This situation is often exacerbated by a lack of public confidence in State authorities and a shortage of resources. These rule-of-law tools will provide practical guidance to field missions and transitional administrations in critical transitional justice and rule of law-related areas. This publication specifically sets out basic principles and approaches to truth commissions and is intended to assist United Nations and other policymakers in advising on the development of truth-seeking mechanisms.


Rule Of Law Tools For Post Conflict States

Rule of law Tools for Post conflict States PDF
Author:
Publisher: United Nations Publications
Category : Law
Languages : en
Pages : 32
View: 2660

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Book Description:
Countries emerging from conflict and crisis are vulnerable to weak or non-existent rule of law, inadequate law enforcement and justice administration capacity, and increased instances of human rights violations. This situation is often exacerbated by a lack of public confidence in State authorities and a shortage of resources. These rule-of-law tools will provide practical guidance to field missions and transitional administrations in critical transitional justice and rule of law-related areas. This publication sets out an operational framework for vetting and institutional reform and is intended to assist United Nations field staff in advising on approaches to addressing the challenges of institutional and personnel reform in post-conflict States through the creation of vetting processes that exclude from public institutions persons who lack integrity.


Justice As Message

Justice As Message PDF
Author: Carsten Stahn
Publisher: Oxford University Press, USA
Category : Law
Languages : en
Pages : 464
View: 784

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Book Description:
International criminal justice relies on messages, speech acts, and performative practices in order to convey social meaning. Major criminal proceedings, such as Nuremberg, Tokyo, and other post-World War II trials have been branded as 'spectacles of didactic legality'. However, the expressive and communicative functions of law are often side-lined in institutional discourse and legal practice. This innovative work brings these functions centre-stage, developing the idea of justice as message and outlining the expressivist foundations of international criminal justice in a systematic way. Professor Carsten Stahn examines the origins of the expressivist theory in the sociology of law and the justification of punishment, its articulation in practice, and its broader role as method of international law. He shows that expression and communication is not only an inherent part of the punitive functions of international criminal justice, but is represented in a whole spectrum of practices: norm expression and diffusion, institutional actions, performative aspects of criminal procedures, and repair of harm. He argues that expressivism is not a classical justification of justice or punishment on its own, but rather a means to understand its aspirations and limitations, to explain how justice is produced and to ground punishment rationales. This book is an invitation to think beyond the confines of the legal discipline, and to engage with the multidisciplinary foundations and possibilities of the international criminal justice project.


United Nations Justice

United Nations Justice PDF
Author: Calin Trenkov-Wermuth
Publisher:
Category : Law
Languages : en
Pages : 226
View: 4055

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Book Description:
For the past decade the United Nations has attempted to administer justice in territories placed under its executive authority ?an undertaking for which there was no established precedent or doctrine. Examining the UN's legal and judicial reform efforts in Kosovo and East Timor, this volume argues that rather than helping to establish a sustainable legal system, the organization's approach detracted from it. Justice standards were sacrificed for the sake of prosecutions and the legal vacuum was not filled effectively. The desire to create functioning courts exceeded the UN's efforts to deal with detainees. Local ownership was erroneously regarded as a means to the end of achieving a sustainable legal system. And the UN's adoption of rights standards unsuited to the circumstances led it to break its own laws. As a result, instead of easing key tensions at the heart of governance operations, the UN's approach aggravated them. Dr. Calin Trenkov-Wermuth and his colleagues offer the first full account of the UN's administration of justice in governance operations. He also suggests methods to improve on its efforts. The book will be of interest to academics and practitioners in international law, political science, ethics and applied philosophy, and transitional justice.


Promoting The Rule Of Law In Post Conflict States

Promoting the Rule of Law in Post Conflict States PDF
Author: Laura Grenfell
Publisher: Cambridge University Press
Category : Law
Languages : en
Pages :
View: 5491

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Book Description:
In most post-conflict states, a strong level of legal pluralism is the norm, particularly in regions of Africa and Asia where between eighty and ninety per cent of disputes are resolved through non-state legal mechanisms. The international community, in particular the United Nations, persistently drives the re-establishment of the rule of law in war-torn areas where, traditionally, customary law is prevalent. Laura Grenfell traces the international community's evolving understanding of the rule of law in such regions and explores the implications of strong legal pluralism for the rule-of-law enterprise. Using the comparative examples of two unique case studies, South Africa and Timor-Leste, Promoting the Rule of Law provides insight into the relationship between the rule of law and legal pluralism. Alongside these studies, the book offers a comprehensive introduction to the conceptual framework of the rule of law in the context of approaches taken by the international community.


Dealing With The Past In Security Sector Reform

Dealing with the Past in Security Sector Reform PDF
Author: Alexander Mayer-Rieckh
Publisher: Ubiquity Press
Category : Political Science
Languages : en
Pages : 79
View: 7741

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Book Description:
Security sector reform (SSR) and transitional justice processes often occur alongside each other in societies emerging from conflict or authoritarian rule, involve many of the same actors, are supported by some of the same partner countries and impact on each other. Yet the relationship between SSR and transitional justice, or “dealing with the past” (DwP) as it is also called, remains underexplored and is often marked by ignorance and resistance. While SSR and transitional justice processes can get into each other’s way, this paper argues that SSR and DwP are intrinsically linked and can complement each other. SSR can make for better transitional justice and vice versa. Transitional justice needs SSR to prevent a recurrence of abuses, an essential element of justice. SSR can learn from transitional justice not only that it is better to deal with rather than ignore an abusive past but also how to address an abusive legacy in the security sector. The validity of these assumptions is tested in two case studies: the police reform process in Bosnia and Herzegovina after 1995 and the SSR process in Nepal after 2006.


The Challenges Of Restoring Governance In Crisis And Post Conflict Countries

The Challenges of Restoring Governance in Crisis and Post conflict Countries PDF
Author: Dennis A. Rondinelli
Publisher: United Nations Publications
Category : Political Science
Languages : en
Pages : 152
View: 7406

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Book Description:
The lessons learned from more than 25 years of experience by international organizations and donor countries can provide guidelines that will help improve the approaches and processes of delivering international financial and technical assistance to countries recovering from conflict. This book assesses the challenges of restoring governance and building trust in government in post-conflict countries, where international organizations must often take the lead in mobilizing resources and providing technical assistance. Publishing Agency: United Nations.