Justice Sector Assessment
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Rule of Law Lessons-Learned in UN Complex Multidimensional Peacekeeping
Scott N. Carlson, Esq.
Introduction
United Nations complex multidimensional peacekeeping operations
initiated under Chapter VII of the UN Charter
have become increasingly involved in rule of law (ROL)
issues and programming.
While rhetoric about democracy and peaceful resolution of disputes is relatively widespread, the resources dedicated to this topic remain modest. Rule of law programming has not traditionally played a very significant role in peacekeeping and post-conflict reconstruction; rather, the bulk of resources are consistently dedicated to military and police deployments because these have been historically assumed to be the key priorities in a concerted campaign to broker and maintain peace.
Though the UN’s engagement on ROL issues has been growing in recent years, the integration of ROL programming in the peacekeeping context remains a new, and relatively uncharted, area of peacekeeping law.
The prevailing wisdom has been that this situation is simply a function of the fact that effective ROL institutions, such as an independent judiciary and legal profession, take years to promote and secure in a post-conflict environment. This somewhat self-serving answer has unfortunately become a self-fulfilling prophecy: Don’t invest in ROL in the peacekeeping context because it is a long-term project; then, when ROL doesn’t take root and conflict re-emerges, the international community can point out that this unfortunate state of affairs is actually a function of the fact that ROL institutions take so long to develop. Thus, peacekeeping efforts cannot be blamed for the failure.
To be sure, this type of circular reasoning is not the sole province of the United Nations. Many non-UN led interventions follow the same pattern, e.g., NATO in Afghanistan and Coalition Forces in Iraq. Whether this cycle is destined to continue remains an open question. Serious ROL programming will require significant additional resource commitments that have not been forthcoming as yet.
Identifying Lessons Learned in Rule of Law Programming
What is most striking about various peacekeeping operations in recent years is how widely they differ in their approach to ROL issues and programming. To take stock of these diverse experiences in the field, DPKO Peacekeeping Best Practices Section’s Criminal Law and Judicial Advisory Unit commissioned a study to identify lessons-learned in ROL programming in complex multidimensional peacekeeping missions. This study, which began in June 2005, is based on wide array of information that has been assembled within DPKO, field visits, phone interviews, research of the author, and other sources.
Most of the observations included in the final report,
Legal
and Judicial Rule of Law Work in Multidimensional Peacekeeping
Operations: Lessons Learned Study, were “ground
truthed” with a broad cross-section of UN ROL field personnel
at a November 2005 meeting held at the Kofi Annan International
Peacekeeping Training Center (KAIPTC) in
While the study generally concludes that significant progress has been made towards a more thorough and coherent treatment of ROL in UN peacekeeping, the study also notes that this effort is still in its early stages, and a number of additional steps are urgently required to prepare the UN to address ROL issues in a post-conflict environment.
Some of these measures may require additional resources, but perhaps more importantly, some of these measures will require changes in the way the UN plans and administers ROL issues in peacekeeping operations.
Recommendations
The following are the key recommendations derived from the lessons-learned identified in this study:
- Establish Rule of Law (ROL) as a Core Priority in Mission Planning
- Issue More Comprehensive ROL Mandates Focusing on Specific Reforms
- Implement ROL Mandates Fully, Addressing Gaps in Local Sovereign Capacity Where Necessary
- Enhance Security Council Engagement on ROL Issues
- Provide Sufficient ROL Positions and Rapidly Deploy
- Increase Financial Resources for ROL Initiatives
- Develop a “One UN Approach” to address ROL in Peacekeeping
- Strengthen Engagement with Host-Country ROL Partners
- Employ Contemporary ROL Programme Management Techniques
- Serve as a Center for ROL Information, Analysis, and Coordination In-Country
- Incorporate ROL into Mission’s Diplomatic Dialogue
- Bolster UN HQ ROL Capacity to Provide Adequate Support for ROL Operations
For each of the lessons explained in the study, there are corresponding recommendations to effectuate needed changes. Given their scope, it is clear that implementation of these recommendations will require the commitment of the Security Council, all Member States, donors, senior UN leadership and policymakers, and UN ROL staff, both in Headquarters and in the field. Whether the international community embraces these lessons and recommendations should provide important insights into the future of ROL in UN complex multidimensional peacekeeping operations.
Scott N. Carlson, Esq. has been involved in international legal and judicial reform since 1993, including a number of post-conflict environments around the world. Following the completion of this study for the United Nations, Mr. Carlson joined Chemonics International as a rule of law expert to work on the design and management of rule of law programming worldwide
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