Madeline England

Policy and Research Papers

Linkages between Justice-Sensitive Security Sector Reform and Displacement: Examples of Police and Justice Reform from Liberia and Kosovo

This ICTJ paper explores the linkages between SSR and displacement. It looks at examples drawn primarily from two post-conflict areas undergoing SSR—Liberia and Kosovo—to understand previous experiences with these linkages. It focuses on: first, ways in which SSR initiatives either incorporated or failed to incorporate justice-sensitive approaches to durable solutions with regards to displacement; and second, whether and how these linkages enhanced or impeded the implementation of durable solutions and SSR initiatives. The focus is on rule of law reform, especially with regard to police and justice systems, set in the wider context of SSR strategies and initiatives. Police and justice reform are directly connected to durable solutions because: first, effective rule of law is essential for a secure environment, and therefore a necessary precondition for the return, resettlement/repatriation, and local integration of displaced populations; and second, they are the most visible public security institutions for local populations, and are therefore critical for demonstrating integrity and building legitimacy with displaced populations. 

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Management of the Security Sector: A Note On Current Practice

Management of the security sector is the implementation, direction, and operation of security policies, decisions, and practices. Management requires horizontal and vertical capacities, and often structural reorganization, among and within security sector actors to improve efficiency and effectiveness. These capacities include, for example, building and maintaining professional security forces, allocating scarce resources, reducing corruption, and engaging with civil society, all of which promote enhanced security and justice delivery. Improving managerial capacities is critical to the ownership and sustainability of good governance initiatives, national security strategies, defense sector reform, and all other elements of the security sector reform process.

Management is intractably linked to security sector governance and oversight mechanisms. Incorporating the principles of good governance (transparency, accountability, compliance with international law, and human rights) into management policies and procedures will help to generate efficiency, effectiveness, and legitimacy. Furthermore, because all management bodies (ideally) wield a great deal of authority over security forces, management bodies and their policies, decisions, and practices must themselves be subject to effective oversight. This practice note looks at these management capacities of security sector institutions from the perspective of three categories: executive authorities that manage the development and implementation of national security policy and strategy, the legislative and ministerial independent oversight bodies charged with oversight of the executive and security forces, and security force command authorities that direct and manage security forces and operations.

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Understanding Impact of Police, Justice and Corrections Components in UN Peace Operations

Over the last decade or so, the UN Security Council gave complex UN peace operations broader mandates in police development, followed by mandates to help restore criminal justice systems and eventually for advisory support to national prison systems. The UN's rule of law community recognizes that an emphasis on quality of people and plans, what the UN calls a "capability-based approach," has to replace a quantity-based approach to meeting the requirements of such mandates.

The Stimson Center's Future of Peace Operations Program responded to a request from the Office of Rule of Law and Security Institutions (OROLSI) in DPKO, coordinating with its Police Division and Criminal Law and Judicial Advisory Service (CLJAS), to study the effects, or more specifically, the impact that police, justice and corrections components in UN peace operations have on the areas in which they work.

The study was set up to search for "minimum essential tasks" - those that 1) always seem needed in comparable ways across missions; and 2) seem to consistently have the desired effects on the host country's approach to police, justice and corrections. It found that while certain tasks may always be needed, their implementation is often dependent on characteristics of a mission's operational environment over which the mission cannot exert direct control. Missions face perhaps irresolvable dilemmas in being asked to deploy quickly into places where politics can prevent the quick actions that peacebuilding precepts dictate, or with resources inadequate to substitute for capacities that government lacks. That is, they often have resources sufficient to offer some security and stability but not sufficient for very much else. The study identifies areas where the imprints left by the police, justice and corrections components of UN missions are larger than those of other players and offers recommendations for those components.

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Enhancing United Nations Capacity to Support Post-Conflict Policing and Rule of Law

This report provides an overview of recent trends in the use of police in UN peacekeeping missions, assesses chronic challenges, and lays out a series of proposals aimed at improving UN capacity to support post-conflict policing and the rule of law. It concludes that the UN's historically ad hoc approach-driven in large part by resource constraints, but also by a lack of vision that has only recently begun to be corrected-is no longer acceptable, if it ever was. It therefore recommends new approaches for more systematic planning, recruiting, and rapid deployment of larger numbers of quality UN police (UNPOL) and other rule of law personnel for integrated peace operations. These include a standing UN Rule of Law Capacity, a complementary ready reserve of police and other criminal justice personnel, and a Senior Reserve Roster of experienced, retired police officers, judges, prosecutors, and defense lawyers. The study provides a description of these proposed reforms, including detailed cost estimates, and concludes that the implementation of such initiatives would dramatically improve the UN's ability to carry out its mandates to support post-conflict policing and rule of law.

This report is one of five FOPO studies on essential aspects of improving rule of law in post-conflict states. Other studies focus on improving border control and border securityfighting corruption in war-torn states, increasing accountability for non-military personnel in peace operations, and using UN Panels of Experts more effectively to combat spoilers and monitor targeted sanctions.

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