Rule Of Law Tools For Post Conflict States

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 principles and approaches to truth commissions and is intended to assist United Nations and other policymakers in advising on the development of truth-seeking mechanisms.

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.

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.

This publication focuses on the means to strengthen archives through the identification of good practice for the management of different types of records and archives, highlighting considerations and issues for reform, and setting out steps and strategies to strengthen archives. The first chapter sets out the legal framework for the right to know the truth, and describes archives and the management of records at the national level. Chapter II presents steps and strategies to consider during the reform of national archives. Chapter III discusses the records used by transitional justice processes. Chapter IV sets out considerations for the management and preservation of records produced by transitional justice mechanisms. The final chapter looks at the role of the international community.

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.

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.

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.