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Building the Rule of Law in Post-Conflict States: International v. Mixed Model of Transitional Justice 在冲突后国家建立法治:国际诉过渡时期司法混合模式
Q4 Social Sciences Pub Date : 2022-04-21 DOI: 10.1163/18754112-25010003
C. Lang
The transitional justice literature emphasizes the importance of domestic actors in the successful design and implementation of mechanisms such as trials if the rule of law is to meaningfully develop in post-transitional societies. Yet in many post-conflict states the international community is involved in these policies from the beginning. Using a Most Similar System Design to compare the experiences of Bosnia and Herzegovina and Kosovo, which incorporates data from the author’s fieldwork in both countries from 2016–2021, this article finds that expectations in the literature are overstated. Improvements in the rule of law as a result of transitional justice were found when there was a mix of international and domestic participation. Additionally, this analysis proposes a new methodology to categorize transitional justice when the international community and domestic actors are involved in these programs.
过渡时期司法文献强调,如果要在过渡后社会中有意义地发展法治,国内行为者在成功设计和实施审判等机制方面的重要性。然而,在许多冲突后国家,国际社会从一开始就参与了这些政策。本文使用最相似的系统设计来比较波斯尼亚和黑塞哥维那和科索沃的经验,其中包含了作者从2016年至2021年在这两个国家的实地调查数据,本文发现文献中的期望被夸大了。在国际和国内共同参与的情况下,由于过渡时期司法,法治得到了改善。此外,本分析还提出了一种新的方法,用于在国际社会和国内行为者参与这些方案时对过渡时期司法进行分类。
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引用次数: 0
The Role of UN Peace Operations in Security Sector Reform and the Relationship with the Protection of Civilians 联合国和平行动在安全部门改革中的作用及与保护平民的关系
Q4 Social Sciences Pub Date : 2022-04-21 DOI: 10.1163/18754112-25010002
Lenneke Sprik, Jennifer Giblin, Alexander Gilder
Security sector reform and the protection of civilians are regular features within United Nations (UN) peace operations. However, the two areas are often distinct from one another in the mandates of missions. What then is the relationship between Security Sector Reform (ssr) and the Protection of Civilians (PoC) in contemporary missions and how does ssr impact PoC? This article aims to draw out this relationship by conducting a comparative case study analysis based on three missions that all combine a ssr and PoC mandate: the United Nations Multidimensional Integrated Stabilization Mission in Mali (minusma), the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (minusca) and the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (monusco). The case studies provide a variety of examples which demonstrate elements of both convergence and divergence in the implementation of ssr and PoC. With ssr often taking place in a context of armed conflict, the current focus on human rights training and accountability is insufficient as the missions fail to achieve long-term ssr goals and instead must prioritise PoC due to the actions of the host states.
安全部门改革和保护平民是联合国和平行动的常规特征。然而,在特派团的任务规定中,这两个领域往往彼此不同。那么,在当代特派团中,安全部门改革和平民保护之间的关系是什么?安全部门改革对平民保护有何影响?本文旨在通过对三个特派团进行比较案例分析来得出这种关系,这三个特派任务都结合了ssr和PoC的任务:联合国马里多层面综合稳定特派团(马里稳定团),联合国中非共和国多层面综合稳定特派团和联合国组织刚果民主共和国稳定特派团。案例研究提供了各种例子,展示了ssr和PoC实现中的收敛和发散元素。由于ssr通常发生在武装冲突背景下,目前对人权培训和问责的关注不够,因为特派团未能实现ssr的长期目标,而由于东道国的行动,必须优先考虑PoC。
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引用次数: 0
Human Rights Obligations of United Nations Peacekeepers: Implementation through the UN’s Own Policies and Remaining Challenges 联合国维持和平人员的人权义务:通过联合国自己的政策执行和剩余的挑战
Q4 Social Sciences Pub Date : 2022-04-21 DOI: 10.1163/18754112-25010004
J. Hessbruegge
There is no comprehensive document, in which the United Nations sets out its position on the human rights obligations of its peacekeepers. Security Council and General Assembly resolutions do not provide much guidance either. However, a patchwork of United Nations policies – some adopted at the level of the Secretary-General, others by the UN departments responsible for peacekeeping operations and special political missions – recognize and seek to implement a comprehensive set of human rights obligations that rest on United Nations peacekeepers. The present article seeks to place this patchwork into a coherent normative framework consisting of duties to respect human rights, duties to take precautionary steps, duties not to assist human rights violations of others, a responsibility to protect civilians and their human rights and the obligation to provide effective remedies for human rights violations. In doing so, it identifies remaining gaps in the policy framework. While not the primary focus of this article, some of the most significant advances and gaps in the actual implementation of existing policies are highlighted.
联合国没有一份全面的文件阐述其对维和人员人权义务的立场。安全理事会和大会的决议也没有提供太多指导。然而,联合国的一系列政策——一些是秘书长级别的政策,另一些是联合国负责维和行动和特别政治任务的部门通过的政策——承认并寻求履行联合国维和人员的一套全面人权义务。本条试图将这种拼凑纳入一个连贯的规范框架,其中包括尊重人权的义务、采取预防措施的义务、不协助侵犯他人人权的义务,保护平民及其人权的义务以及为侵犯人权行为提供有效补救的义务。在这样做的过程中,它确定了政策框架中的剩余差距。虽然不是本文的主要重点,但强调了在实际执行现有政策方面的一些最重大进展和差距。
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引用次数: 0
The Protection of Civilians and the Primacy of Politics: Complementarities and Friction in South Sudan 保护平民与政治至上:南苏丹的互补性与摩擦
Q4 Social Sciences Pub Date : 2022-04-21 DOI: 10.1163/18754112-25010001
Jenna Russo
Since 1999, the protection of civilians (poc) has become central to UN peacekeeping, included in the mandates of all contemporary multidimensional missions. At the same time, member states have reiterated their commitment to the so-called “primacy of politics” in UN peacekeeping. Yet, protection activities often live in fragile balance with the political objectives of the mission. The last two decades have shown that there can be both complementarities and areas of friction between poc and political processes. Yet, to date there has not been a thorough discussion of these patterns within the academic or policy literature. This research aims to contribute to this gap by analyzing the relationship between poc and the political process in South Sudan. This case is illustrative of ways in which protection activities can contribute to the overall peace process, though mission limitations and government obstinacy have limited its overall effect. Lessons from this case shed light on mechanisms by which poc activities may contribute to the political process, as well as challenges between the two.
自1999年以来,保护平民已成为联合国维持和平的核心,被纳入当代所有多层面特派团的任务。与此同时,会员国重申致力于联合国维和行动中所谓的“政治至上”。然而,保护活动往往与特派团的政治目标保持着脆弱的平衡。过去二十年表明,和平行动和政治进程之间既可能有互补性,也可能有摩擦。然而,迄今为止,在学术或政策文献中还没有对这些模式进行彻底的讨论。本研究旨在通过分析poc与南苏丹政治进程之间的关系来弥补这一差距。这个案例说明了保护活动可以如何促进整个和平进程,尽管特派团的限制和政府的固执限制了其总体效果。这一案例的教训揭示了poc活动可能有助于政治进程的机制,以及两者之间的挑战。
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引用次数: 2
Kenya 肯尼亚
Q4 Social Sciences Pub Date : 2021-12-16 DOI: 10.1163/18754112-24030006
Tim Murithi
On 4 March 2013, when Kenyans participated in national presidential and legislative elections, there was wide-spread concern that the underling grievances that erupted during the 2007 and 2008 post-election violence would remerge. However, the polls were relatively peaceful in comparison. This case study will interrogate how mass atrocities were prevented in 2013 in Kenya, despite the prevalence of risk factors which could spark tensions and fuel violence. This article interrogates the local sources of resilience and inhibitors of atrocity crimes and considers the preventive actions that were undertaken and by whom, with a view to understanding what they achieved. In addition, it will assess the outcomes that were achieved as a result of these preventive actions. Through an evaluation of the preventive actions the article will examine which actions proved to be most effective in affecting the risks dynamics of the country in the short, medium and long-term. Kenya’s history of violence and failure to uphold accountability and redress for victims, meant that in 2013, it was significantly prone to the scourge of atrocity crimes. This analysis will draw out a number of key lessons for enhancing the prevention of atrocity crimes in the future.
2013年3月4日,当肯尼亚人参加全国总统和立法机构选举时,人们普遍担心,2007年和2008年选举后暴力事件中爆发的潜在不满情绪会重新浮现。然而,相比之下,投票相对平静。本案例研究将探讨2013年在肯尼亚,尽管普遍存在可能引发紧张局势和助长暴力的风险因素,但大规模暴行是如何被防止的。本文探讨了当地恢复力的来源和暴行犯罪的抑制因素,并考虑了采取的预防行动以及由谁采取的预防行动,以期了解这些行动取得了什么成果。此外,它还将评估这些预防行动所取得的成果。通过对预防行动的评价,本文将审查哪些行动被证明在短期、中期和长期影响该国的风险动态方面最有效。肯尼亚的暴力历史以及未能坚持对受害者的问责和赔偿,意味着在2013年,它很容易遭受暴行犯罪的祸害。这一分析将为今后加强预防暴行犯罪得出一些关键的经验教训。
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引用次数: 0
Syria 叙利亚
Q4 Social Sciences Pub Date : 2021-12-16 DOI: 10.1163/18754112-24030008
A. Bellamy
The Syrian civil war stands as the most serious failure of the responsibility to prevent since the adoption of R2P in 2005. As the war has continued, there have been atrocities and abuse committed against vulnerable populations on a widespread and systematic scale. This article focuses on the atrocity prevention efforts undertaken in the first phase of the crisis from March 2011 to August 2012. It shows that while there were multiple tools utilized by a range of local, regional, and international actors, none of them had a lasting impact on the commission of atrocity crimes in Syria. This failure is due to five principal reasons. First, engagement to prevent atrocities came too late. Second, domestic and regional conditions were not conducive to prevention. Third, there was little reason for the warring parties to compromise. Fourth, there was a disconnect between what Western states wanted to achieve in Syria and what they were prepared to do about it. And fifth, the UN’s envoys had limited options for engagement.
叙利亚内战是自2005年通过保护责任以来最严重的预防责任失败。随着战争的持续,针对弱势群体的暴行和虐待行为广泛而系统地发生。本文重点介绍2011年3月至2012年8月危机第一阶段所做的暴行预防工作。它表明,尽管一系列地方、区域和国际行为者使用了多种工具,但没有一种对叙利亚境内的暴行犯罪产生持久影响。这次失败主要有五个原因。首先,参与防止暴行来得太晚了。第二,国内和区域条件不利于预防。第三,交战各方几乎没有理由妥协。第四,西方国家希望在叙利亚实现的目标与他们准备采取的行动之间存在脱节。第五,联合国特使的参与选择有限。
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引用次数: 0
Conclusions 结论
Q4 Social Sciences Pub Date : 2021-12-16 DOI: 10.1163/18754112-24030010
A. Bellamy, Ivan Šimonović
The prevention of atrocity crimes is the cornerstone of R2P. Yet, how prevention works in practice is little understood. In practice, multiple actors at different levels employ multiple prevention tools simultaneously which relate to, and impact upon, the regional, national and local contexts in which atrocity crime risk is evident. Strengthening preventive action requires better understanding of the combination of measures employed and how these measures interact and affect the risk of atrocity crimes. Recognising the growing gap between the promise and practice of atrocity prevention, the UN Office on Genocide Prevention and R2P commissioned a series of case studies to evaluate atrocity prevention efforts, covering the countries of Burundi, Central African Republic, Cote d’Ivoire, Guinea, Kenya, Myanmar, South Sudan and Syria. From these studies, four main lessons become apparent. One, imminently apprehended atrocity crimes are preventable. Two, best outcomes are achieved when atrocity prevention is made a priority. Three, unity of purpose is essential. And four, atrocity prevention relies on several factors, some of which are outside the control of those undertaking prevention. These lessons mean that while atrocity prevention is difficult, it is possible.
防止暴行犯罪是保护责任的基石。然而,人们对预防如何在实践中发挥作用知之甚少。在实践中,不同级别的多个行为者同时采用多种预防工具,这些工具与明显存在暴行犯罪风险的区域、国家和地方情况有关,并对这些情况产生影响。加强预防行动需要更好地了解所采用的各项措施的组合,以及这些措施如何相互作用和影响暴行犯罪的风险。认识到预防暴行的承诺与实践之间的差距越来越大,联合国防止种族灭绝问题办公室和R2P委托开展了一系列案例研究,以评估布隆迪、中非共和国、科特迪瓦、几内亚、肯尼亚、缅甸、南苏丹和叙利亚等国的预防暴行工作。从这些研究中,有四个主要的教训是显而易见的。第一,迫在眉睫的暴行犯罪是可以预防的。第二,当把预防暴行作为优先事项时,就能取得最佳结果。第三,目标一致至关重要。第四,预防暴行依赖于几个因素,其中一些因素超出了从事预防工作的人的控制范围。这些教训意味着,预防暴行虽然困难,但却是可能的。
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引用次数: 0
Central African Republic 中非共和国
Q4 Social Sciences Pub Date : 2021-12-16 DOI: 10.18356/4adf4949-en
Frank O. Okyere
Central African Republic (car) has been a theatre of instability for decades, especially following the 2013 coup, which saw crimes that have been found to be premeditated and systematic. This article identifies states collapse, persistent instability and impunity as key factors engendering atrocity crimes in car. Despite the overwhelming evidence of the risk of atrocity crimes, the international response has been inadequate if not passive, and interventions do not consider atrocity prevention in their execution. Thus, subsequent peacebuilding initiatives have not had real and visible impact on the prevention of atrocity crimes. To address this, the establishment of an accountable and functioning state is the overriding condition precedent to preventing and mangaging atrocity crimes in car. The international community should further engage local actors to promote inclusive governance and lay the foundations for stability and sustainable peace. Subsequent restoration of structures for justice and ensuring their effective functioning will help end structural impunity in the country and go a long way in averting future atrocity crimes.
中非共和国几十年来一直是一个不稳定的地区,特别是在2013年的政变之后,人们发现那里的罪行是有预谋和系统的。本文认为,国家崩溃、持续不稳定和有罪不罚是导致汽车暴力犯罪的关键因素。尽管有大量证据表明存在暴行犯罪的风险,但国际反应即使不是被动的,也是不足的,而且干预措施在执行时没有考虑到预防暴行。因此,后来的建设和平倡议并没有对预防暴行罪行产生真正和明显的影响。为了解决这一问题,建立一个负责任和有效运作的国家是预防和管理汽车暴行犯罪的首要条件。国际社会应进一步与当地行为体合作,促进包容性治理,为稳定与可持续和平奠定基础。随后恢复司法结构并确保其有效运作将有助于结束该国的结构性有罪不罚现象,并大大有助于避免未来的暴行罪行。
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引用次数: 0
Lessons in Atrocity Prevention: A Closer Look at Guinea 预防暴行的经验教训:近距离观察几内亚
Q4 Social Sciences Pub Date : 2021-12-16 DOI: 10.1163/18754112-24030005
Cristina G. Stefan
This article identifies the most significant atrocity risk factors and their indicators in accordance with the UN Framework of Analysis for Atrocity Crimes and provides a taxonomy of measures, taken by a variety of external and internal stakeholders, in different combinations, which reduced the risk of atrocity crimes reoccurring after the 2009 stadium massacre in Conakry, Guinea. On the 28th of September 2009, 157 protesters were killed, at least 1200 were injured, and over 100 women were raped by security forces in a stadium in Conakry. The UN’s Commission of Inquiry (coi) concluded that these crimes committed by the security forces amounted to crimes against humanity. The efforts to halt further violence and prevent the commission of crimes post-2009 stadium massacre were varied and encompassed regional and international preventive diplomacy. The coordination of a coherent political strategy among international, regional and sub-regional actors in the Guinean context contributed towards the perceived success in preventing further atrocities in Guinea, post-2009 massacre. Importantly, Guinea is not a typical example in terms of atrocity and conflict prevention, due to a unique regional and global dynamics that allowed for a rapid and rather coherent response to the September 2009 stadium massacre.
本文根据联合国暴行犯罪分析框架确定了最重要的暴行风险因素及其指标,并提供了由各种外部和内部利益相关者以不同组合采取的措施分类,这些措施降低了2009年几内亚科纳克里体育场大屠杀后再次发生暴行犯罪的风险。2009年9月28日,在科纳克里的一个体育场,157名抗议者被杀,至少1200人受伤,100多名妇女被安全部队强奸。联合国调查委员会(coi)得出结论,安全部队犯下的这些罪行构成了反人类罪。2009年体育场大屠杀后制止进一步暴力和防止犯罪的努力多种多样,包括区域和国际预防性外交。在几内亚背景下,国际、区域和次区域行为体之间协调一致的政治战略,有助于在2009年后几内亚大屠杀中成功防止进一步的暴行。重要的是,在预防暴行和冲突方面,几内亚并不是一个典型的例子,因为它具有独特的地区和全球动态,能够对2009年9月体育场大屠杀作出迅速和相当一致的反应。
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引用次数: 0
Introduction 介绍
Q4 Social Sciences Pub Date : 2021-12-16 DOI: 10.1163/18754112-24030001
A. Bellamy, Ivan Šimonović
Atrocity prevention is a difficult and complex undertaking, one that needs concerted effort by multiple stakeholders to be successful. This article seeks to help bridge the acknowledged gap between the promise of atrocity prevention and its implementation by providing an introduction about lessons learned from various case studies. By doing so, it seeks to develop an evidence base of effective atrocity prevention efforts to benefit practitioners of atrocity prevention. To ensure the evaluation is as rigorous as possible, five principles were incorporated into the research. One, to apply a reasonableness test so as not to confuse association with causation. Two, use a mixed methods approach for data collection. Three, triangulate data with multiple sources. Four, validate data with participants and experts to determine a level of accuracy. And five, consider a counterfactual argument of what would have happened if the preventive action(s) had not occurred.
预防暴行是一项困难而复杂的工作,需要多方利益攸关方共同努力才能取得成功。本文旨在通过介绍从各种案例研究中吸取的经验教训,帮助弥合预防暴行的承诺与实施之间公认的差距。通过这样做,它寻求建立有效预防暴行努力的证据基础,以造福预防暴行的从业人员。为了确保评估尽可能严格,研究中纳入了五项原则。第一,运用合理性检验,以免混淆关联和因果关系。第二,使用混合方法收集数据。第三,对多个来源的数据进行三角测量。第四,与参与者和专家一起验证数据,以确定准确性。第五,考虑一个反事实的论点,即如果没有采取预防措施会发生什么。
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引用次数: 0
期刊
Journal of International Peacekeeping
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