UN Peace Operations and the Role of the Local in (Re)Building the Rule of Law

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 acti...

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Autor principal:	Alexander Gilder
Formato:	article
Lenguaje:	EN
Publicado:	Utrecht University School of Law 2021
Materias:	rule of law un peacekeeping hybrid courts local justice minusca unmiss Law in general. Comparative and uniform law. Jurisprudence K1-7720
Acceso en línea:	https://doaj.org/article/8650f173db1b43b7b61ca37e8baa83a9
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spelling	oai:doaj.org-article:8650f173db1b43b7b61ca37e8baa83a92021-11-08T08:17:05ZUN Peace Operations and the Role of the Local in (Re)Building the Rule of Law1871-515X10.36633/ulr.649https://doaj.org/article/8650f173db1b43b7b61ca37e8baa83a92021-10-01T00:00:00Zhttps://www.utrechtlawreview.org/articles/649https://doaj.org/toc/1871-515XUN 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.Alexander GilderUtrecht University School of Lawarticlerule of lawun peacekeepinghybrid courtslocal justiceminuscaunmissLaw in general. Comparative and uniform law. JurisprudenceK1-7720ENUtrecht Law Review, Vol 17, Iss 2 (2021)
institution	DOAJ
collection	DOAJ
language	EN
topic	rule of law un peacekeeping hybrid courts local justice minusca unmiss Law in general. Comparative and uniform law. Jurisprudence K1-7720
spellingShingle	rule of law un peacekeeping hybrid courts local justice minusca unmiss Law in general. Comparative and uniform law. Jurisprudence K1-7720 Alexander Gilder UN Peace Operations and the Role of the Local in (Re)Building the Rule of Law
description	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.
format	article
author	Alexander Gilder
author_facet	Alexander Gilder
author_sort	Alexander Gilder
title	UN Peace Operations and the Role of the Local in (Re)Building the Rule of Law
title_short	UN Peace Operations and the Role of the Local in (Re)Building the Rule of Law
title_full	UN Peace Operations and the Role of the Local in (Re)Building the Rule of Law
title_fullStr	UN Peace Operations and the Role of the Local in (Re)Building the Rule of Law
title_full_unstemmed	UN Peace Operations and the Role of the Local in (Re)Building the Rule of Law
title_sort	un peace operations and the role of the local in (re)building the rule of law
publisher	Utrecht University School of Law
publishDate	2021
url	https://doaj.org/article/8650f173db1b43b7b61ca37e8baa83a9
work_keys_str_mv	AT alexandergilder unpeaceoperationsandtheroleofthelocalinrebuildingtheruleoflaw
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UN Peace Operations and the Role of the Local in (Re)Building the Rule of Law

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