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Peace Operations and the Need to Prioritize the Rule of Law through Legal System Reform: Lessons from Somalia and Bosnia
Abstract
Today it seems everyone in the international community who has spent anywhere from two weeks to two years to examine legal system reform in either Somalia or Bosnia has figured it out. Unfortunately, most policymakers in today's real-world peace operations have not figured out how to incorporate the connection between genuine peace and legal system reform in their priority plans for implementing peace operations. It is essential that legal system reform be prioritized in the planning and implementation of peace operations because peace will be unsustainable and no other intervention efforts will succeed without rule of law through legal system reform. An examination of the issue is instructive through the perspectives of two landmark peace operations – Somalia and Bosnia.
Although its roots can be traced back to Cyprus, Namibia, the move to reform in El Salvador and the use of executive powers in Cambodia and Haiti, the ‘new international policing’ truly arrived with the ambitious policing mandates undertaken in Kosovo and East Timor. It was then further consolidated by the deployments in the Pacific — particularly RAMSI — and its efficacy is currently being sorely tested in Iraq and Afghanistan. As far as operational considerations are concerned this new international policing involves the increased willingness, capability and ability of actors to police within others’ jurisdictions in certain situations, both in terms of the provision of temporary policing forces and in terms of longer-term developmental programmes. This operational shift has been sketched out in part by the previous chapters but is summarised in more thematic terms in the section below on the challenges that policing brings to international relations.
The claim that we are witnessing an era of new international policing is underpinned by the fact that operational demands for policing in peace operations have increased substantially through the Cold War and post-Cold War years, and this in turn has necessitated a concomitant increase in the number of police professionals being deployed to peace operations to carry out those policing tasks. In addition to this there has been an ongoing deepening and broadening of just what those ‘policing tasks’ for these police professionals actually are — in particular, there has been a significant move towards executive policing and deeper police reform efforts. The present chapter highlights the development of the core themes of the new international policing through a brief history of international policing from the Cold War through to the end of the 1990s.
This book addresses the important question of how the United Nations (UN) should monitor and evaluate the impact of police in its peace operations. UN peace operations are a vital component of international conflict management. Since the end of the Cold War one of the foremost developments has been the rise of UN policing (UNPOL). Instances of UNPOL action have increased dramatically in number and have evolved from passive observation to participation in frontline law enforcement activities. Attempts to ascertain the impact of UNPOL activities have proven inadequate. This book seeks to redress this lacuna by investigating the ways in which the effects of peace operations - and UNPOL in particular - are monitored and evaluated. Furthermore, it aims to develop a framework, tested through field research in Liberia, for Monitoring and Evaluation (M&E) that enables more effective impact assessment. By enhancing the relationship between field-level M&E and organisational learning this research aims to make an important contribution to the pursuit of more professional and effective UN peace operations. This book will be of much interest to students of peace operations, conflict management, policing, security studies and IR in general.
American military, diplomatic, and humanitarian personnel continue to participate in postconflict reconstruction efforts around the world. This selected bibliography lists references for readings about postconflict reconstruction in general, as well as describing the aftermath of war in the following countries: Afghanistan, Bosnia, Haiti, Iraq, Kosovo, and Somalia. With the exception of some important older titles, most of the books, documents, articles and online resources cited are dated 2003 to the present. All items in the bibliography are available in the U.S. Army War College Library (USAWC Library). For users' convenience, at the end of the entries, the authors have added library call numbers, Internet addresses, or database links. Call numbers indicate the item's shelf location in the USAWC library. Please note that call numbers can vary from library to library. Web sites were accessed during January 2007. This bibliography and others, compiled by the library's research librarians, are available online through the Library's home page http://www.carlisle.army.mil/library/bibliographies.htm.
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