Richard Caplan
- Published in print:
- 2005
- Published Online:
- July 2005
- ISBN:
- 9780199263455
- eISBN:
- 9780191602726
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199263450.001.0001
- Subject:
- Political Science, International Relations and Politics
Since the mid-1990s, the United Nations and other multilateral organizations have been entrusted with exceptional authority for the administration of war-torn and strife-ridden territories. In Bosnia ...
More
Since the mid-1990s, the United Nations and other multilateral organizations have been entrusted with exceptional authority for the administration of war-torn and strife-ridden territories. In Bosnia and Herzegovina, Eastern Slavonia, Kosovo, and East Timor, these organizations have assumed responsibility for governance to a degree unprecedented in recent history. These initiatives represent some of the boldest experiments in the management and settlement of intra-state conflict ever attempted by third parties. This book is a study of recent experiences in the international administration of war-torn territories. Examines the nature of these operations—their mandates, structures, and powers—and distinguishes them from kindred historical and contemporary experiences of peacekeeping, trusteeship, and military occupation. Analyses and assesses the effectiveness of international administrations and discusses, in thematic fashion, the key operational and political challenges that arise in the context of these experiences. Also reflects on the policy implications of these experiences, recommending reforms or new approaches to the challenge posed by localized anarchy in a global context. Argues that despite many of the problems arising from both the design and implementation of international administrations—some of them very serious—international administrations have generally made a positive contribution to the mitigation of conflict in the territories where they have been established.Less
Since the mid-1990s, the United Nations and other multilateral organizations have been entrusted with exceptional authority for the administration of war-torn and strife-ridden territories. In Bosnia and Herzegovina, Eastern Slavonia, Kosovo, and East Timor, these organizations have assumed responsibility for governance to a degree unprecedented in recent history. These initiatives represent some of the boldest experiments in the management and settlement of intra-state conflict ever attempted by third parties.
This book is a study of recent experiences in the international administration of war-torn territories. Examines the nature of these operations—their mandates, structures, and powers—and distinguishes them from kindred historical and contemporary experiences of peacekeeping, trusteeship, and military occupation. Analyses and assesses the effectiveness of international administrations and discusses, in thematic fashion, the key operational and political challenges that arise in the context of these experiences. Also reflects on the policy implications of these experiences, recommending reforms or new approaches to the challenge posed by localized anarchy in a global context. Argues that despite many of the problems arising from both the design and implementation of international administrations—some of them very serious—international administrations have generally made a positive contribution to the mitigation of conflict in the territories where they have been established.
Amos Sawyer
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780199204762
- eISBN:
- 9780191603860
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199204764.003.0013
- Subject:
- Economics and Finance, Development, Growth, and Environmental
Post-conflict reconstruction strategies typically focus on identifying and repairing formal governing institutions and physical infrastructures, and tend to ignore the informal arrangements that ...
More
Post-conflict reconstruction strategies typically focus on identifying and repairing formal governing institutions and physical infrastructures, and tend to ignore the informal arrangements that sustain people over years of state failure. This paper shows how informal institutions were critical to the survival of local people during state collapse and violent conflicts in Liberia. It argues that there are very healthy informal arrangements that can become important building blocks in post-conflict governance arrangements if used to buttress formal institutions, and that unlocking such capital is important in enabling people to make transitions from short-term survival strategies to more productive long-term arrangements. Failure to recognize these assets have frequently led to the presumption of a social capital deficit and, therefore, the need to look externally for such a resource.Less
Post-conflict reconstruction strategies typically focus on identifying and repairing formal governing institutions and physical infrastructures, and tend to ignore the informal arrangements that sustain people over years of state failure. This paper shows how informal institutions were critical to the survival of local people during state collapse and violent conflicts in Liberia. It argues that there are very healthy informal arrangements that can become important building blocks in post-conflict governance arrangements if used to buttress formal institutions, and that unlocking such capital is important in enabling people to make transitions from short-term survival strategies to more productive long-term arrangements. Failure to recognize these assets have frequently led to the presumption of a social capital deficit and, therefore, the need to look externally for such a resource.
Arthur C. Helton
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199250318
- eISBN:
- 9780191599477
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199250316.001.0001
- Subject:
- Political Science, International Relations and Politics
To prevent or mitigate refugee catastrophes, more effective international cooperation is needed in advance of crises. In this connection, new mechanisms are needed to marshal resources to promote the ...
More
To prevent or mitigate refugee catastrophes, more effective international cooperation is needed in advance of crises. In this connection, new mechanisms are needed to marshal resources to promote the sustainable return of refugees and internally displaced persons, and successfully undertake post‐conflict recovery.Where prevention fails, more can be done to protect the displaced and help them find new homes. A greater degree of concerted action is needed among governments, international organizations, and NGOs in order to ensure the human security of the uprooted.Based on the experience of the last decade, institutional reform is a key determinant of effective cooperation. In particular, the author urges the consolidation of humanitarian functions within the U.N., and the creation of a single U.S. government Agency for Humanitarian Action, or AHA. As a first step in that direction, a proposal is made to establish Strategic Humanitarian Action and Research (SHARE), an operations‐oriented think tank designed to promote coherent responses and make humanitarian action more effective.Whether it is called humanitarian diplomacy or something else, a new form of statecraft is clearly needed in order to conduct effective humanitarian action in today's world. Success in this humanitarian management endeavour would surely mitigate the refugee problem and help us to avoid paying the high human, economic, political, and security costs –— the price of indifference.Less
To prevent or mitigate refugee catastrophes, more effective international cooperation is needed in advance of crises. In this connection, new mechanisms are needed to marshal resources to promote the sustainable return of refugees and internally displaced persons, and successfully undertake post‐conflict recovery.
Where prevention fails, more can be done to protect the displaced and help them find new homes. A greater degree of concerted action is needed among governments, international organizations, and NGOs in order to ensure the human security of the uprooted.
Based on the experience of the last decade, institutional reform is a key determinant of effective cooperation. In particular, the author urges the consolidation of humanitarian functions within the U.N., and the creation of a single U.S. government Agency for Humanitarian Action, or AHA. As a first step in that direction, a proposal is made to establish Strategic Humanitarian Action and Research (SHARE), an operations‐oriented think tank designed to promote coherent responses and make humanitarian action more effective.
Whether it is called humanitarian diplomacy or something else, a new form of statecraft is clearly needed in order to conduct effective humanitarian action in today's world. Success in this humanitarian management endeavour would surely mitigate the refugee problem and help us to avoid paying the high human, economic, political, and security costs –— the price of indifference.
Oisín Tansey
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199561032
- eISBN:
- 9780191721496
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199561032.001.0001
- Subject:
- Political Science, Comparative Politics, Democratization
This book is a study of regime change in the context of international administration, where the United Nations and other multilateral organizations hold temporary executive authority at the domestic ...
More
This book is a study of regime change in the context of international administration, where the United Nations and other multilateral organizations hold temporary executive authority at the domestic level. Work on the politics of state-building has highlighted how these administration operations can influence nearly every aspect of politics in the country or territory in which they are deployed. This book concentrates in particular on the ‘regime-building’ practices of these missions, and examines the aims and influences of international administrations in the area of democratic development, as well as their ultimate impact on the process of regime change. Through a comparative analysis of events in Bosnia, Kosovo, and East Timor, the book demonstrates how external actors assume positions of power conventionally held by domestic elites, and in so doing gain the ability to affect democratic development in ways unavailable to international actors in more conventional settings. In particular, the case studies highlight the ways in which the democracy promotion objectives of international administrators can have both positive and negative effects on democratization processes, with the presence of international authorities helping to rule out non-democratic options in some areas, while at times undermining democratic development in others. The book identifies the key international actors involved, highlights the mechanisms of influence available to them in these contexts, and explores the crucial mediating role of domestic actors and structures.Less
This book is a study of regime change in the context of international administration, where the United Nations and other multilateral organizations hold temporary executive authority at the domestic level. Work on the politics of state-building has highlighted how these administration operations can influence nearly every aspect of politics in the country or territory in which they are deployed. This book concentrates in particular on the ‘regime-building’ practices of these missions, and examines the aims and influences of international administrations in the area of democratic development, as well as their ultimate impact on the process of regime change. Through a comparative analysis of events in Bosnia, Kosovo, and East Timor, the book demonstrates how external actors assume positions of power conventionally held by domestic elites, and in so doing gain the ability to affect democratic development in ways unavailable to international actors in more conventional settings. In particular, the case studies highlight the ways in which the democracy promotion objectives of international administrators can have both positive and negative effects on democratization processes, with the presence of international authorities helping to rule out non-democratic options in some areas, while at times undermining democratic development in others. The book identifies the key international actors involved, highlights the mechanisms of influence available to them in these contexts, and explores the crucial mediating role of domestic actors and structures.
Jackie Smith
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195395914
- eISBN:
- 9780199776801
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195395914.003.0010
- Subject:
- Political Science, International Relations and Politics
Several key assumptions about economic liberalization that inform current peacebuilding operations must be reconsidered. Smith argues that there is little evidence supporting the assumptions that ...
More
Several key assumptions about economic liberalization that inform current peacebuilding operations must be reconsidered. Smith argues that there is little evidence supporting the assumptions that market liberalization leads to economic growth, reduces inequality, or creates neoliberal states capable of promoting peace. In fact, inequality is increasing, and many states are increasingly weak and undemocratic. According to Smith, international peace and security cannot be achieved without addressing inequality in the global order. Peacebuilding approaches must consider how peacebuilding operations reproduce power and must be delinked from the neoliberal “globalization project.” Smith offers policy prescriptions for peacebuilders that address the shortcomings of current neoliberal models.Less
Several key assumptions about economic liberalization that inform current peacebuilding operations must be reconsidered. Smith argues that there is little evidence supporting the assumptions that market liberalization leads to economic growth, reduces inequality, or creates neoliberal states capable of promoting peace. In fact, inequality is increasing, and many states are increasingly weak and undemocratic. According to Smith, international peace and security cannot be achieved without addressing inequality in the global order. Peacebuilding approaches must consider how peacebuilding operations reproduce power and must be delinked from the neoliberal “globalization project.” Smith offers policy prescriptions for peacebuilders that address the shortcomings of current neoliberal models.
Peter Wallensteen
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195395914
- eISBN:
- 9780199776801
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195395914.003.0002
- Subject:
- Political Science, International Relations and Politics
Wallensteen argues that further defining and specifying key concepts in peacebuilding will result in increased consistency and contribute to the development of policy-relevant strategies for peace. ...
More
Wallensteen argues that further defining and specifying key concepts in peacebuilding will result in increased consistency and contribute to the development of policy-relevant strategies for peace. He suggests that any analysis of peacebuilding efforts should employ a typology of conflicts that distinguishes between interstate war, internal conflict, and new state formation. It should also consider that the state is central to many wars, so it is essential to distinguish among the specific aims or ambitions of post-conflict peacebuilding: limited forms of state-building, democracy-building, security-building, nation-building, and market-building. A review of current research on sustainable peace processes highlights the importance of four factors: how the previous war ended; whether the causes of the war have been addressed; the impact of international actors on local state-building, including the timing of democratization; and the extent to which the regional context is conducive to peacebuilding.Less
Wallensteen argues that further defining and specifying key concepts in peacebuilding will result in increased consistency and contribute to the development of policy-relevant strategies for peace. He suggests that any analysis of peacebuilding efforts should employ a typology of conflicts that distinguishes between interstate war, internal conflict, and new state formation. It should also consider that the state is central to many wars, so it is essential to distinguish among the specific aims or ambitions of post-conflict peacebuilding: limited forms of state-building, democracy-building, security-building, nation-building, and market-building. A review of current research on sustainable peace processes highlights the importance of four factors: how the previous war ended; whether the causes of the war have been addressed; the impact of international actors on local state-building, including the timing of democratization; and the extent to which the regional context is conducive to peacebuilding.
John Paul Lederach and R. Scott Appleby
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195395914
- eISBN:
- 9780199776801
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195395914.003.0005
- Subject:
- Political Science, International Relations and Politics
In this chapter, Chesterman grapples with the complex challenges facing the United Nations in post-conflict reconstruction and peacebuilding efforts. He first examines the dilemmas inherent in ...
More
In this chapter, Chesterman grapples with the complex challenges facing the United Nations in post-conflict reconstruction and peacebuilding efforts. He first examines the dilemmas inherent in outside interventions for peacebuilding, particularly those with expanded UN mandates and/or transitional administrations. He argues that workable strategies must increase clarity with regard to the following: the political and strategic objectives of the intervention, the dynamic relationship between international and local actors, and the political and resource commitments required of international actors. In examining prospects for improvement, Chesterman evaluates both the challenges and potential of the Peacebuilding Commission to promote coordination and increase funding for more strategic peacebuilding.Less
In this chapter, Chesterman grapples with the complex challenges facing the United Nations in post-conflict reconstruction and peacebuilding efforts. He first examines the dilemmas inherent in outside interventions for peacebuilding, particularly those with expanded UN mandates and/or transitional administrations. He argues that workable strategies must increase clarity with regard to the following: the political and strategic objectives of the intervention, the dynamic relationship between international and local actors, and the political and resource commitments required of international actors. In examining prospects for improvement, Chesterman evaluates both the challenges and potential of the Peacebuilding Commission to promote coordination and increase funding for more strategic peacebuilding.
Robert C. Johansen
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195395914
- eISBN:
- 9780199776801
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195395914.003.0008
- Subject:
- Political Science, International Relations and Politics
This chapter examines the complex interplay between international judicial processes and peace. Johansen engages the debate on international judicial activism, evaluating specific cases, especially ...
More
This chapter examines the complex interplay between international judicial processes and peace. Johansen engages the debate on international judicial activism, evaluating specific cases, especially the International Criminal Court’s indictment of leaders of the Lord’s Resistance Army in Uganda. Judicial proceedings have complex consequences for a wide range of conflict issues, including negotiating ceasefires, deterring future crimes, and prospects for post-conflict reconciliation. The author proposes guidelines for employing judicial processes to promote an end to conflict, based on a utilitarian ethic that gives priority to saving as many lives as possible. The guidelines consider how to advance peace and justice not only through judicial proceedings, but also when judicial proceedings are suspended.Less
This chapter examines the complex interplay between international judicial processes and peace. Johansen engages the debate on international judicial activism, evaluating specific cases, especially the International Criminal Court’s indictment of leaders of the Lord’s Resistance Army in Uganda. Judicial proceedings have complex consequences for a wide range of conflict issues, including negotiating ceasefires, deterring future crimes, and prospects for post-conflict reconciliation. The author proposes guidelines for employing judicial processes to promote an end to conflict, based on a utilitarian ethic that gives priority to saving as many lives as possible. The guidelines consider how to advance peace and justice not only through judicial proceedings, but also when judicial proceedings are suspended.
Oisín Tansey
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199561032
- eISBN:
- 9780191721496
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199561032.003.0002
- Subject:
- Political Science, Comparative Politics, Democratization
This chapter explores two issues that are at the heart of this study, namely the rise of international administration of territory as a practice in international relations, and the similarly ...
More
This chapter explores two issues that are at the heart of this study, namely the rise of international administration of territory as a practice in international relations, and the similarly significant emergence of democracy as the preferred form of governance for many in the international community. The first section explores the changing nature of international administration during the 20th century, and culminates in an examination of contemporary international administration missions and a discussion of the particular cases that will be examined in the following chapters. The second section explores the rise of the norm of democracy and the practice of international democracy promotion, addressing the shift in both international ideas and practices regarding democratic governance and the increasing role of international authorities in relation to domestic processes of regime change.Less
This chapter explores two issues that are at the heart of this study, namely the rise of international administration of territory as a practice in international relations, and the similarly significant emergence of democracy as the preferred form of governance for many in the international community. The first section explores the changing nature of international administration during the 20th century, and culminates in an examination of contemporary international administration missions and a discussion of the particular cases that will be examined in the following chapters. The second section explores the rise of the norm of democracy and the practice of international democracy promotion, addressing the shift in both international ideas and practices regarding democratic governance and the increasing role of international authorities in relation to domestic processes of regime change.
Nicholas Copeland
- Published in print:
- 2019
- Published Online:
- January 2020
- ISBN:
- 9781501736056
- eISBN:
- 9781501736070
- Item type:
- book
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9781501736056.001.0001
- Subject:
- History, Political History
What forces hinder decolonization efforts on the neoliberal terrain? In the aftermath of a genocidal scorched earth campaign, Mayas in the town of San Pedro Necta encountered a formidable ...
More
What forces hinder decolonization efforts on the neoliberal terrain? In the aftermath of a genocidal scorched earth campaign, Mayas in the town of San Pedro Necta encountered a formidable democracy-development machine designed to displace radical class politics into private market advancement and local, indigenous-led electoral politics. Sampedranos regarded neoliberal democracy and development not as empty, depoliticized forms or colonial impositions, but as hard-won victories that met immediate needs and echoed revolutionary and local struggles. This historical ethnography examines how these governmentalized spaces fell short, simultaneously enabling and disfiguring an ethnic resurgence that fractured in a dispiriting atmosphere of pessimism, self-interest, deception, and mistrust. These dynamics fueled authoritarian populism but also radical reimaginings of democracy and development from below. These findings shed new light on rural politics in Guatemala and across neoliberal and post-conflict settings.Less
What forces hinder decolonization efforts on the neoliberal terrain? In the aftermath of a genocidal scorched earth campaign, Mayas in the town of San Pedro Necta encountered a formidable democracy-development machine designed to displace radical class politics into private market advancement and local, indigenous-led electoral politics. Sampedranos regarded neoliberal democracy and development not as empty, depoliticized forms or colonial impositions, but as hard-won victories that met immediate needs and echoed revolutionary and local struggles. This historical ethnography examines how these governmentalized spaces fell short, simultaneously enabling and disfiguring an ethnic resurgence that fractured in a dispiriting atmosphere of pessimism, self-interest, deception, and mistrust. These dynamics fueled authoritarian populism but also radical reimaginings of democracy and development from below. These findings shed new light on rural politics in Guatemala and across neoliberal and post-conflict settings.
Graciana del Castillo
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199237739
- eISBN:
- 9780191717239
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199237739.001.0001
- Subject:
- Economics and Finance, Development, Growth, and Environmental, International
With the end of the Cold War, countries coming out of internal conflicts have embarked on a complex transition to peace. Violence must give way to public security. Political exclusion must cave in to ...
More
With the end of the Cold War, countries coming out of internal conflicts have embarked on a complex transition to peace. Violence must give way to public security. Political exclusion must cave in to the rule of law and participatory government. Former enemies must learn to live with each other and strive for national reconciliation. War-torn and mismanaged economies must reconstruct and provide a decent and licit living for their citizens. This book argues that because economic reconstruction takes place amid the constraints imposed by this multi-pronged transition, it is fundamentally different from normal development. In fact, the book attributes failures ranging from Afghanistan to Iraq, from Kosovo to several in Africa, to the development as usual approach followed. Rather, effective reconstruction is a development-plus challenge in which — in addition to the normal challenge of socio-economic development — countries need to carry out demobilization, disarmament, and reintegration (DDR) of former combatants into productive activities and other peace-related activities, which often have serious financial implications and involve tough choices. Peace will not last in countries that fail to address these issues. In fact, post-conflict countries have a fifty percent chance of reverting to war. The purpose of the book is to present the basic premises, lessons, best practices, and policy guidelines necessary to design an effective strategy for post-conflict economic reconstruction. Unless jobs are created and the political and security objectives of peacetime prevail at all times, peace will be ephemeral. Keeping the present course does not seem a viable option.Less
With the end of the Cold War, countries coming out of internal conflicts have embarked on a complex transition to peace. Violence must give way to public security. Political exclusion must cave in to the rule of law and participatory government. Former enemies must learn to live with each other and strive for national reconciliation. War-torn and mismanaged economies must reconstruct and provide a decent and licit living for their citizens. This book argues that because economic reconstruction takes place amid the constraints imposed by this multi-pronged transition, it is fundamentally different from normal development. In fact, the book attributes failures ranging from Afghanistan to Iraq, from Kosovo to several in Africa, to the development as usual approach followed. Rather, effective reconstruction is a development-plus challenge in which — in addition to the normal challenge of socio-economic development — countries need to carry out demobilization, disarmament, and reintegration (DDR) of former combatants into productive activities and other peace-related activities, which often have serious financial implications and involve tough choices. Peace will not last in countries that fail to address these issues. In fact, post-conflict countries have a fifty percent chance of reverting to war. The purpose of the book is to present the basic premises, lessons, best practices, and policy guidelines necessary to design an effective strategy for post-conflict economic reconstruction. Unless jobs are created and the political and security objectives of peacetime prevail at all times, peace will be ephemeral. Keeping the present course does not seem a viable option.
Anja Seibert-Fohr
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199569328
- eISBN:
- 9780191721502
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199569328.001.0001
- Subject:
- Law, Human Rights and Immigration, Criminal Law and Criminology
Criminal punishment is increasingly regarded as a necessary element of human rights protection. There is a growing conviction at the international level that those responsible for the most serious ...
More
Criminal punishment is increasingly regarded as a necessary element of human rights protection. There is a growing conviction at the international level that those responsible for the most serious crimes should not go unpunished. Though there is a wealth of legal writing on international criminal law, the question why and to what extent criminal prosecution is a necessary means of human rights protection has hardly been addressed comprehensively. This book examines the duty to prosecute serious human rights violations. It does so by exploring the concepts of impunity and amnesties, and by exposing flaws in criminal proceedings. With its survey of the relevant human rights instruments and jurisprudence, the subject of this book is placed at the interface of international criminal law and international human rights. The book analyses the rapidly growing body of human rights case law, dealing with criminalization, prosecution, and punishment of serious human rights violations. It identifies and critically examines the standards for the conduct of criminal proceedings developed by the European and Inter-American Courts of Human Rights and the UN Human Rights Committee. As the analysis reveals shortcomings in the current conceptualization of the prosecution of human rights violations, the book develops a solid theoretical framework for future jurisprudence. By evaluating the relationship between criminal law and the protection of human rights, the book elucidates not only the potential but also the limits of the role human rights law can play in the emerging concept of international criminal justice. The underlying rationale for prosecuting serious human rights violations is also relevant for post-conflict situations, in which it is often argued that criminal punishment threatens peace and reconciliation. The question how to deal with post-conflict justice under international law is a continuing theme throughout the book.Less
Criminal punishment is increasingly regarded as a necessary element of human rights protection. There is a growing conviction at the international level that those responsible for the most serious crimes should not go unpunished. Though there is a wealth of legal writing on international criminal law, the question why and to what extent criminal prosecution is a necessary means of human rights protection has hardly been addressed comprehensively. This book examines the duty to prosecute serious human rights violations. It does so by exploring the concepts of impunity and amnesties, and by exposing flaws in criminal proceedings. With its survey of the relevant human rights instruments and jurisprudence, the subject of this book is placed at the interface of international criminal law and international human rights. The book analyses the rapidly growing body of human rights case law, dealing with criminalization, prosecution, and punishment of serious human rights violations. It identifies and critically examines the standards for the conduct of criminal proceedings developed by the European and Inter-American Courts of Human Rights and the UN Human Rights Committee. As the analysis reveals shortcomings in the current conceptualization of the prosecution of human rights violations, the book develops a solid theoretical framework for future jurisprudence. By evaluating the relationship between criminal law and the protection of human rights, the book elucidates not only the potential but also the limits of the role human rights law can play in the emerging concept of international criminal justice. The underlying rationale for prosecuting serious human rights violations is also relevant for post-conflict situations, in which it is often argued that criminal punishment threatens peace and reconciliation. The question how to deal with post-conflict justice under international law is a continuing theme throughout the book.
Megan H. MacKenzie
- Published in print:
- 2012
- Published Online:
- March 2016
- ISBN:
- 9780814761373
- eISBN:
- 9780814771259
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814761373.001.0001
- Subject:
- Political Science, Conflict Politics and Policy
The eleven-year civil war in Sierra Leone from 1991 to 2002 was incomprehensibly brutal—it is estimated that half of all female refugees were raped and many thousands were killed. While the publicity ...
More
The eleven-year civil war in Sierra Leone from 1991 to 2002 was incomprehensibly brutal—it is estimated that half of all female refugees were raped and many thousands were killed. While the publicity surrounding sexual violence helped to create a general picture of women and girls as victims of the conflict, there has been little effort to understand female soldiers' involvement in, and experience of, the conflict. This book draws on interviews with seventy-five former female soldiers and over twenty local experts, providing a rare perspective on both the civil war and post-conflict development efforts in the country. It argues that post-conflict reconstruction is a highly gendered process, demonstrating that a clear recognition and understanding of the roles and experiences of female soldiers are central to both understanding the conflict and to crafting effective policy for the future.Less
The eleven-year civil war in Sierra Leone from 1991 to 2002 was incomprehensibly brutal—it is estimated that half of all female refugees were raped and many thousands were killed. While the publicity surrounding sexual violence helped to create a general picture of women and girls as victims of the conflict, there has been little effort to understand female soldiers' involvement in, and experience of, the conflict. This book draws on interviews with seventy-five former female soldiers and over twenty local experts, providing a rare perspective on both the civil war and post-conflict development efforts in the country. It argues that post-conflict reconstruction is a highly gendered process, demonstrating that a clear recognition and understanding of the roles and experiences of female soldiers are central to both understanding the conflict and to crafting effective policy for the future.
Anja Seibert-Fohr
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199569328
- eISBN:
- 9780191721502
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199569328.003.0002
- Subject:
- Law, Human Rights and Immigration, Criminal Law and Criminology
This chapter elaborates on the role prosecution plays for the protection of human rights under the International Covenant on Civil and Political Rights. It analyses the standards of this universal ...
More
This chapter elaborates on the role prosecution plays for the protection of human rights under the International Covenant on Civil and Political Rights. It analyses the standards of this universal instrument for the conduct of criminal proceedings against human rights offenders, and explains how the UN Human Rights Committee has developed its doctrine on whether and why there is a treaty obligation to prosecute and punish serious violations of the ICCPR. A detailed and structured representation of the relevant provisions and the pertinent jurisprudence are provided to act as a guide through the wealth of cases. The chapter elaborates which human rights violations require criminal prosecution, why prosecution is essential for the protection of human rights, and under which circumstances the call for criminal measures may be compromised. It also considers victim rights and the validity of amnesties and alternative forms of post-conflict justice. The chapter concludes with a summary and outlook.Less
This chapter elaborates on the role prosecution plays for the protection of human rights under the International Covenant on Civil and Political Rights. It analyses the standards of this universal instrument for the conduct of criminal proceedings against human rights offenders, and explains how the UN Human Rights Committee has developed its doctrine on whether and why there is a treaty obligation to prosecute and punish serious violations of the ICCPR. A detailed and structured representation of the relevant provisions and the pertinent jurisprudence are provided to act as a guide through the wealth of cases. The chapter elaborates which human rights violations require criminal prosecution, why prosecution is essential for the protection of human rights, and under which circumstances the call for criminal measures may be compromised. It also considers victim rights and the validity of amnesties and alternative forms of post-conflict justice. The chapter concludes with a summary and outlook.
Anja Seibert-Fohr
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199569328
- eISBN:
- 9780191721502
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199569328.003.0007
- Subject:
- Law, Human Rights and Immigration, Criminal Law and Criminology
While the previous part of the book considers treaty law this chapter turns to the question of whether customary international law provides for a duty to prosecute serious human rights violations. It ...
More
While the previous part of the book considers treaty law this chapter turns to the question of whether customary international law provides for a duty to prosecute serious human rights violations. It departs from an analysis of the protection of aliens as a precursor of human rights law and turns to contemporary concepts of general international law. Reference is made to international criminal law, to the emerging concept of State responsibility for human rights violations, and its relevance for criminal procedure. The chapter critically evaluates the idea of state crimes in international law. It also considers universal jurisdiction and the concept of aut dedere aut judicare. Finally, a description of current State practice highlights recent standards for post-conflict justice and explains the limited scope for amnesties. The chapter concludes with a summary.Less
While the previous part of the book considers treaty law this chapter turns to the question of whether customary international law provides for a duty to prosecute serious human rights violations. It departs from an analysis of the protection of aliens as a precursor of human rights law and turns to contemporary concepts of general international law. Reference is made to international criminal law, to the emerging concept of State responsibility for human rights violations, and its relevance for criminal procedure. The chapter critically evaluates the idea of state crimes in international law. It also considers universal jurisdiction and the concept of aut dedere aut judicare. Finally, a description of current State practice highlights recent standards for post-conflict justice and explains the limited scope for amnesties. The chapter concludes with a summary.
Nancy Rothenberg Williams and Thomas K. Crick
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195394641
- eISBN:
- 9780199863365
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195394641.003.0011
- Subject:
- Social Work, Communities and Organizations
This chapter focuses on both restorative justice and social work as practiced in a post-conflict, developing country. An in-depth description of modern Liberia and the types and levels of problems it ...
More
This chapter focuses on both restorative justice and social work as practiced in a post-conflict, developing country. An in-depth description of modern Liberia and the types and levels of problems it is facing are detailed in order to highlight the unique challenges that social workers and peace workers face in working toward rebuilding that country and promoting social justice policies. Social work and restorative justice processes are presented and examined in terms of current impact, potential for change, and barriers that are being confronted.Less
This chapter focuses on both restorative justice and social work as practiced in a post-conflict, developing country. An in-depth description of modern Liberia and the types and levels of problems it is facing are detailed in order to highlight the unique challenges that social workers and peace workers face in working toward rebuilding that country and promoting social justice policies. Social work and restorative justice processes are presented and examined in terms of current impact, potential for change, and barriers that are being confronted.
RUMU SARKAR
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195398281
- eISBN:
- 9780199866366
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195398281.003.003
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter examines and critiques a projectized approach to development (especially within the context of multilateral institutions such as the World Bank). It examines an analytical framework for ...
More
This chapter examines and critiques a projectized approach to development (especially within the context of multilateral institutions such as the World Bank). It examines an analytical framework for establishing legal reform programs (e.g.,good governance, structural legal reform, and the administration of justice). This analysis takes place within the backdrop of actual development programs and projects (with their relative merits and successes) in order to provide the student with a “real world” context for this discussion. Tables for this analysis are also presented to help clarify the issues. The chapter provides an analytical framework for legal reform programs spanning good governance, structural legal reforms, and the administration of justice. The post-conflict context for such legal reforms is also reviewed with special attention given to social reconciliation strategies in support of systemic and sustainable legal reforms in post-conflict societies.Less
This chapter examines and critiques a projectized approach to development (especially within the context of multilateral institutions such as the World Bank). It examines an analytical framework for establishing legal reform programs (e.g.,good governance, structural legal reform, and the administration of justice). This analysis takes place within the backdrop of actual development programs and projects (with their relative merits and successes) in order to provide the student with a “real world” context for this discussion. Tables for this analysis are also presented to help clarify the issues. The chapter provides an analytical framework for legal reform programs spanning good governance, structural legal reforms, and the administration of justice. The post-conflict context for such legal reforms is also reviewed with special attention given to social reconciliation strategies in support of systemic and sustainable legal reforms in post-conflict societies.
Fionnuala Ní Aoláin, Dina Francesca Haynes, and Naomi Cahn
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780195396645
- eISBN:
- 9780199918416
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195396645.003.0010
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter discusses how “good governance” is conventionally defined in the contemporary post-conflict reconstruction context, detailing the components of typical post-conflict governance programs, ...
More
This chapter discusses how “good governance” is conventionally defined in the contemporary post-conflict reconstruction context, detailing the components of typical post-conflict governance programs, including elections, institution building and civil society, and the extent to which these programs actually centralize gender. Second, it looks at the role of international actors in determining that democracy and economic liberalization are necessary components of post-conflict governance, interrogates that proposition, and considers some of the gender consequences for women of that determination. Finally, the chapter considers engendered governance frameworks that would emphasize substantive rights, access to labor markets, and demonstrated gender equality over procedural rights and gender quotas.Less
This chapter discusses how “good governance” is conventionally defined in the contemporary post-conflict reconstruction context, detailing the components of typical post-conflict governance programs, including elections, institution building and civil society, and the extent to which these programs actually centralize gender. Second, it looks at the role of international actors in determining that democracy and economic liberalization are necessary components of post-conflict governance, interrogates that proposition, and considers some of the gender consequences for women of that determination. Finally, the chapter considers engendered governance frameworks that would emphasize substantive rights, access to labor markets, and demonstrated gender equality over procedural rights and gender quotas.
Tony Addison (ed.)
- Published in print:
- 2003
- Published Online:
- October 2011
- ISBN:
- 9780199261031
- eISBN:
- 9780191698712
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199261031.001.0001
- Subject:
- Economics and Finance, Development, Growth, and Environmental
Establishing peace and reconstructing Africa's war-damaged economies are urgent challenges. For Africa to recover, communities must reconstruct, private sectors must revitalize, and states must ...
More
Establishing peace and reconstructing Africa's war-damaged economies are urgent challenges. For Africa to recover, communities must reconstruct, private sectors must revitalize, and states must transform themselves. Thus, unless communities rebuild and strengthen their livelihoods, neither reconstruction nor growth can be poverty-reducing. But communities cannot prosper unless private investment recreates markets and generates more employment. And neither communities nor entrepreneurs can realise their potential without a development state — one that is democratically accountable and dedicated to poverty-reducing development. The international community can do much to assist — through more aid, debt relief, and peacekeeping — but ultimately the future lies in the hands of Africans themselves. This book examines these themes in a selection of African countries that have gone through intense and prolonged conflict, and its policy conclusions are important for understanding the prospects for peace and recovery not only in Africa, but also in other ‘post-conflict’ societies across the world. It also discusses the cross-cutting issues of how economic and political reforms interact with conflict resolution and ‘post-conflict’ reconstruction. This interaction is often neglected by both governments and donors. However, reform and reconstruction cannot be kept separate if conflict is to be halted and poverty reduced. The book's examination of the economic dimensions of recovery from war places particular emphasis on designing a recovery in which the poor participate, so that the benefits of reconstruction from war do not just flow to a narrow élite.Less
Establishing peace and reconstructing Africa's war-damaged economies are urgent challenges. For Africa to recover, communities must reconstruct, private sectors must revitalize, and states must transform themselves. Thus, unless communities rebuild and strengthen their livelihoods, neither reconstruction nor growth can be poverty-reducing. But communities cannot prosper unless private investment recreates markets and generates more employment. And neither communities nor entrepreneurs can realise their potential without a development state — one that is democratically accountable and dedicated to poverty-reducing development. The international community can do much to assist — through more aid, debt relief, and peacekeeping — but ultimately the future lies in the hands of Africans themselves. This book examines these themes in a selection of African countries that have gone through intense and prolonged conflict, and its policy conclusions are important for understanding the prospects for peace and recovery not only in Africa, but also in other ‘post-conflict’ societies across the world. It also discusses the cross-cutting issues of how economic and political reforms interact with conflict resolution and ‘post-conflict’ reconstruction. This interaction is often neglected by both governments and donors. However, reform and reconstruction cannot be kept separate if conflict is to be halted and poverty reduced. The book's examination of the economic dimensions of recovery from war places particular emphasis on designing a recovery in which the poor participate, so that the benefits of reconstruction from war do not just flow to a narrow élite.
Paul D. Miller
- Published in print:
- 2013
- Published Online:
- August 2016
- ISBN:
- 9780801451492
- eISBN:
- 9780801469541
- Item type:
- book
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9780801451492.001.0001
- Subject:
- Political Science, Security Studies
Since 1898, the United States and the United Nations have deployed military force more than three dozen times in attempts to rebuild failed states. Currently there are more state-building campaigns ...
More
Since 1898, the United States and the United Nations have deployed military force more than three dozen times in attempts to rebuild failed states. Currently there are more state-building campaigns in progress than at any time in the past century—including Afghanistan, Bosnia, Kosovo, the Democratic Republic of Congo, Haiti, Sudan, Liberia, Cote d’Ivoire, and Lebanon—and the number of candidate nations for such campaigns in the future is substantial. Even with a broad definition of success, earlier campaigns failed more than half the time. This book looks at the question of what causes armed, international state-building campaigns by liberal powers to succeed or fail. The United States successfully rebuilt the West German and Japanese states after World War II but failed to build a functioning state in South Vietnam. After the Cold War the United Nations oversaw relatively successful campaigns to restore order, hold elections, and organize post-conflict reconstruction in Mozambique, Namibia, Nicaragua, and elsewhere, but those successes were overshadowed by catastrophes in Angola, Liberia, and Somalia. The recent effort in Iraq and the ongoing one in Afghanistan are yielding mixed results, despite the high levels of resources dedicated and the long duration of the missions there. The book outlines different types of state failure, analyzes various levels of intervention that liberal states have tried in the state-building process, and distinguishes among the various failures and successes those efforts have provoked.Less
Since 1898, the United States and the United Nations have deployed military force more than three dozen times in attempts to rebuild failed states. Currently there are more state-building campaigns in progress than at any time in the past century—including Afghanistan, Bosnia, Kosovo, the Democratic Republic of Congo, Haiti, Sudan, Liberia, Cote d’Ivoire, and Lebanon—and the number of candidate nations for such campaigns in the future is substantial. Even with a broad definition of success, earlier campaigns failed more than half the time. This book looks at the question of what causes armed, international state-building campaigns by liberal powers to succeed or fail. The United States successfully rebuilt the West German and Japanese states after World War II but failed to build a functioning state in South Vietnam. After the Cold War the United Nations oversaw relatively successful campaigns to restore order, hold elections, and organize post-conflict reconstruction in Mozambique, Namibia, Nicaragua, and elsewhere, but those successes were overshadowed by catastrophes in Angola, Liberia, and Somalia. The recent effort in Iraq and the ongoing one in Afghanistan are yielding mixed results, despite the high levels of resources dedicated and the long duration of the missions there. The book outlines different types of state failure, analyzes various levels of intervention that liberal states have tried in the state-building process, and distinguishes among the various failures and successes those efforts have provoked.
