Rule-of-law Tools for Post-conflict States


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.




Rule-of-law Tools for Post-conflict States


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 considerations on prosecution initiatives, and is intended to assist United Nations field staff when advising on approaches to addressing the challenges of prosecuting perpetrators of crimes such as genocide, crimes against humanity and war crimes.




Rule-of-law Tools for Post-conflict States


Book Description

"Archives are vital to the successful operation and outcome of all transitional justice processes ... Most of the key records important for human rights purposes are governmental. However, important documents are also often in the possession of international intergovernmental bodies, private sector entities, and individuals. Strengthening and building capacity in the national archives system - one that is able to handle both governmental and non-governmental materials - are therefore vital steps in a transition ... When a transitional justice institution completes its work, it will have assembled a large - in some cases, extremely large - volume of records. These records are a concentrated, rich source of information for the history of the country and its people ... This rule-of-law tool for post-conflict States aims to provide guidance to United Nations field missions, transitional administrators and civil society on the management, reform, use and preservation of archives to help guarantee and enforce human rights, particularly the right to the truth."--The Introduction.




Rule-of-law Tools for Post-conflict States


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.--Publisher's description.




Rule-of-law Tools for Post-conflict States


Book Description

Hybrid courts are defined as courts of mixed composition and jurisdiction, encompassing both national and international aspects, usually operating within the jurisdiction where the crimes occurred. This rule-of-law policy tool aims to serve two options: first to explore the potential positive impact hybrid courts may have on the domestic justice system of post-conflict states so as to ensure a lasting legacy for the rule of law and respect for human rights; second, to examin how hybrid courts can receive the mandates and necessary political support required to be more effective in erms of legacy and capacity-buidling. This publications suggests effective and meaningful policies, processes and techniques on the interrelationship between hybrid courts and domestic courts. The suggested practices will enhance the credibility, effectiveness and impact of hybrid courts on the long-term stability and development of the domestic justice system, including respect for human rights protections, the rule of law and legal institutions.




Rule-of-law Tools for Post-conflict States


Book Description

This tool identifies core principles that should guide United Nations personnel when confronted with draft amnesties that may be inconsistent with international law and United Nations policy. The first chapter defines amnesties, describes their use and distinguishes them from other legal measures that bear some similarities to amnesties but which are not addressed in this tool. Chapter II summarizes the principal rules of international law and United Nations policy that should guide the consideration of amnesties. Both of these chapters include examples of amnesties from many countries to illustrate the rules of international law and United Nations policy that are applicable when assessing a proposed amnesty. Chapter III considers the relationship of amnesties to processes of transitional justice. Finally, chapter IV provides further guidance to practitioners who may encounter questions when seeking to apply the legal principles summarized in the tool to ambiguous situations in the field.




Rule-of-law Tools for Post-conflict States


Book Description

For transitional justice efforts to be effective, they must be grounded in international human rights standards. Above all, they must be human rights-based: consistently focusing on the rights and needs of victims and their families. A human rights-based approach to transitional justice demands that programmes should be designed in a context of in-depth consultation with affected communities. International human rights law requires national consultations to be undertaken. consultation can particularly benefit the design of specific aspects of transitional justice programmes, such as determining the best formal role for victims to play, highlighting the experience of otherwise neglected victim groups. In addition, national consultations can revitalize stalled or excessively slow-moving peace processes or make it difficult for peace negotiators and other decision makers to back out of their commitments to transitional justice.







Rule-of-law Tools for Post-conflict States


Book Description

This publication, one of a series produced by the UN Office of the High Commissioner for Human Rights, sets out practical guidance to field missions and transitional administrations in critical transitional justice and rule of law-related areas. Each can stand on its own, but also fits into a coherent operational perspective. This publication focuses on issues of human rights monitoring of the justice system (as a whole and for individual institutions) through the creation of a methodological framework to identify and reinforce good practices. This framework of principles and approaches to legal systems monitoring has been drawn from previous experience and lessons learned from monitoring programmes implemented by the UN, the Organization for Security and Co-operation in Europe and NGOs, and can be adapted in the light of the particular circumstances within each post-conflict environment.