Wrr16-War/Law

www.ssoar.info From war to the rule of law: peace building after violent conflicts Voorhoeve, Joris Veröffentlichungsversion / Published Version Monographie / monograph Zur Verfügung gestellt in Kooperation mit / provided in cooperation with: OAPEN (Open Access Publishing in European Networks) Empfohlene Zitierung / Suggested Citation: Voorhoeve, J. (2007). From war to the rule of law: peace building after violent conflicts. (WRR Verkenningen, 16). Amsterdam: Amsterdam Univ. Press. https://nbn-resolving.org/urn:nbn:de:0168-ssoar-272182 Nutzungsbedingungen: Terms of use: Dieser Text wird unter einer CC BY-NC-ND Lizenz This document is made available under a CC BY-NC-ND Licence (Namensnennung-Nicht-kommerziell-Keine Bearbeitung) zur (Attribution-Non Comercial-NoDerivatives). For more Information Verfügung gestellt. Nähere Auskünfte zu den CC-Lizenzen finden see: Sie hier: https://creativecommons.org/licenses/by-nc-nd/4.0 https://creativecommons.org/licenses/by-nc-nd/4.0/deed.de From War to the Rule of Law The series ‘Verkenningen’ comprises studies commissioned by the wrr that are deemed to be of such quality and importance that their publication is desirable. Responsibility for the contents and views expressed therein remains that of the authors. Scientific Council for Government Policy (wrr) Lange Vijverberg 4-5 P.O. Box 20004 2500 EA The Haque Tel. + 31 70 356 46 00 Fax+ 31 70 356 46 85 E-mail: [email protected] Internet: http://www.wrr.nl SCIENTIFIC COUNCIL FOR GOVERNMENT POLICY From War to the Rule of Law peacebuilding after violent conflicts Joris Voorhoeve Amsterdam University Press, Amsterdam 2007 Front cover illustration: us Army Soldier helps an Iraqi policeman to adjust his armband in Falluja, June 2003. © Reuters / Radu Sigheti Cover design: Studio Daniëls, Den Haag Layout: Het Steen Typografie, Maarssen isbn 978 90 5356 867 5 nur 754 © wrr/Amsterdam University Press, Den Haag/Amsterdam 2007 All rights reserved. Without limiting the rights under copyright reserved above, no part of this book may be reproduced, stored in or introduced into a retrieval system, or trans- mitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without the written permission of both the copyright owner and the author of the book. “The long-term goal of relatively well-ordered societies should be to bring burdened societies and outlaw states into the Society of well-ordered Peoples.” John Rawls, The Law of Peoples, Harvard University Press (2001, p. 116) 5 from war to the rule of law 6 contents contents Preface 9 1Why this study? 11 2 An overview of peacebuilding 19 2.1 What is peacebuilding? 19 2.2 A history of failure? 20 2.3 Elements of peacebuilding 22 2.4 International organizations 25 3Towards typology and theory 29 3.1 A deductive typology 29 3.2Good governance and human rights 33 3.3 Warning signals 34 3.4 An attempt at theory 35 3.5 Threats to the peace 47 3.6 Practical questions 48 7 3.7 Further study 48 4(Re) Establishing order 53 4.1Transitional security 54 4.2 Foreign peacekeepers and public order 55 4.3 Emergency relief 61 4.4 Foreign aid workers and the military 63 4.5Transitional politics 65 4.6 International administration 66 4.7 International coordination 67 4.8Transitional ‘justice’ and reconciliation 68 4.9Crimes against women and gender issues 71 4.10 Refugee issues 73 4.11 Preparations for electoral democracy 79 5(Re) Building the rule of law 91 5.1 The role and rule of law 91 5.2 Rule-of-law assistance and development cooperation 94 5.3 Aspects of legal reform 97 5.4 (Re) Building police and prison systems 99 5.5 Wider security sector reform 106 5.6 Court reform 108 5.7 Major criminals and war crimes 110 5.8 Terrorists 112 5.9 Private security firms 113 5.10 Corruption 113 from war to the rule of law 5.11 International organisations 115 5.12 The chance of success of legal reform 116 5.13 Human rights and state building 118 6Resources and costs 127 6.1 Internal resources 127 6.2International rights and duties of states 128 6.3 Development assistance 129 6.4Defence organisations 132 6.5 Reducing corruption 134 6.6International division of tasks 134 6.7 Allocation and country choice 135 6.8 Preliminary cost estimates 138 7The European Union and post-conflict peacebuilding 147 7.1 Introduction 147 7.2 Policy and institutions 147 7.3 Financing eu peacebuilding activities 157 7.4 Conclusion 161 8 8Conclusions and recommendations 167 8.1 General conclusions 167 8.2 Recommendations 177 8.3 Some suggestions for further study 186 8.4 In conclusion 188 List of Country illustrations, Tables, Text boxes and Maps 193 Acknowledgments 195 Further reading 197 Some relevant websites 203 preface preface The vocation of the Dutch Scientific Council for Government Policy is to make sure that the results of important scholarly work find their way into the realm of political decision-making. Democracy is as much about power as it is about learning. In order to pursue future-oriented policy-learning, the council favours research-informed dialogues between those who have the time to do research and those that have accepted the responsibility to design policies and to make decisions. In this book, the subject matter of these policies and decisions is as important as it is complex and challenging: the domain of international peacebuilding operations. These operations, many of which are systematically explored and evaluated in this study, most of the time follow many years of violent conflicts and civil wars, atrocious assaults on human dignity and international military intervention. Many countries and policymakers have experienced the dilemmas and uncertainties that accompanied these operations, that have often not been much of a success. The author of this book, professor Joris Voorhoeve, serving as a member of the Dutch Council of State, is especially qualified and motivated to contribute to this 9 important field of study. Having served not only in politics (notably as minister of Defence during the tragic failure of un peace-keeping efforts in Bosnia), but also as a professor of international relations at Leyden University, he whole- heartedly accepted the invitation to contribute to the body of knowledge that might help us to improve our efforts to make future peacekeeping and –building missions more successful. Such an effort demands an interdisciplinary and future-oriented approach, one that dares to transcend and challenge the usual divisions of policymaking routines and responsibilities. The Scientific Council is proud to be able to publish the results of the research that Voorhoeve was carrying out as a special guest of the Council. Indeed, the most vexing questions of political and other social sciences are how political violence can be avoided, how conflicts can be settled peacefully and how the safety of human beings and their basic rights can be ensured. Voorhoeve explores these urgent and difficult questions which need to be solved after a country has been ravaged by war. Most war-torn societies return to political violence within a few years. Wars, civil wars and other forms of contemporary political violence tend to repeat and multiply themselves. To make the 21st century more peaceful than the 20th, it will be essential to better diagnose the pathology of different types of wars, and develop more effective therapies for building sustainable peace. The most rewarding approach is, of course, prevention of armed conflict. Where prevention failed, a curative approach is needed to prevent a relapse of war. This study focuses on the curative approach: how to rebuild a war-torn country in such a way that the causes of the violence are reduced or removed. from war to the rule of law As many decision makers and scholars already found out, this is a vast and complex area. The present study explores the many questions with the aim to suggest policy improvements. Peacebuilding can be most effective as a joint effort of the population concerned with the aid of many members of the international community. Also today, the Netherlands participates in several peace operations in the world and is also engaged in civilian peacebuilding. The author has suggested, on the basis of his research, a series of recommendations that will help to improve decision making. As a center of international law, the Netherlands can especially focus on assisting war-torn countries to (re-) build the rule of law which is essential for sustainable conditions for human dignity, good governance and peaceful conflict settlement. The council hopes that this study will be of great use for all those involved in this important responsibility. Prof. dr. W.B.H.J. van de Donk Chairman of the council 10 why this study? 1why this study? “Currently, half the countries emerging from violent conflict revert to conflict within five years”. Kofi Annan, In Larger Freedom, un Doc. 59/2005 War, civil war and other political violence often revisit countries after brief periods of ‘peace’ or armistice. Some countries are ravaged by multifarious violent conflict during two to four decades. Many cease-fires and peace agreements do not cure the underlying social pathology which led to the bloodshed in the first place. I started this study to explore how a country which has gone through civil war might be helped to avoid the next war. The journey which this explorative study maps out begins at the cease-fire line. It proceeds through the rough and risky terrain of post-war looting, military rule, interim government, and ‘transitional’ justice. We will pass refugee camps and come across heinous war criminals.

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