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  • Author: David Steven, Maaike de Langen
  • Publication Date: 04-2020
  • Content Type: Policy Brief
  • Institution: Center on International Cooperation
  • Abstract: The COVID-19 pandemic is an unprecedented global emergency. It is not only a health crisis but also a human rights crisis. Justice actors face daunting responsibilities as they design, implement, and enforce new measures to prevent the spread of infection. Measures that heighten the risk of human rights abuses can undermine trust, at a time when the justice system most needs to maintain the public’s confidence. For better or for worse, justice systems and justice workers are on the frontline of this pandemic. This Pathfinders briefing, drafted by lead authors David Steven, Maaike de Langen, Sam Muller, and Mark Weston with the input of more than 50 justice experts from around the globe, discusses the most pressing priorities that the public health emergency poses for justice leaders and proposes seven areas for urgent action as the tide of infections continues to rise. It is the first in the Justice in a Pandemic series.
  • Topic: Human Rights, Governance, Rule of Law, Crisis Management, Peace, COVID-19
  • Political Geography: Global Focus
  • Author: David Steven, Maaike de Langen
  • Publication Date: 07-2020
  • Content Type: Policy Brief
  • Institution: Center on International Cooperation
  • Abstract: The COVID-19 pandemic has triggered what may be the worst global recession since the Second World War—and the impact of this second-order crisis will be widespread, including in the justice sector. Access to justice has been affected by the public health response to the coronavirus, but it will also be challenged by the economic downturn. The first in this series—Justice for All and the Public Health Emergency set out recommendations for how justice systems and actors can respond to the health impacts of the pandemic. This second briefing now turns to the question of how the economic downturn will affect access to justice—and how justice systems and partners can play a role in the recovery. The briefing examines how the economic effects of COVID-19 impact common justice problems, and how justice systems can anticipate and innovate in response. It provides recommendations for how justice systems and actors can react nimbly to the pandemic’s effects, and look ahead for opportunities to build back better, reshaping justice systems so they can support more inclusive, sustainable, and resilient economies.
  • Topic: United Nations, Global Recession, Rule of Law, Crisis Management, COVID-19
  • Political Geography: Global Focus
  • Author: Charles T. Hunt
  • Publication Date: 02-2020
  • Content Type: Policy Brief
  • Institution: International Peace Institute
  • Abstract: Since first deployed in 1960, United Nations police (UNPOL) have consistently been present in UN missions and have become increasingly important to achieving mission objectives. Since 1999, these objectives have often included the protection of civilians (POC), especially in places like the Central African Republic, Darfur, the Democratic Republic of the Congo, Mali, and South Sudan. But despite its rise in prominence, the protective role of UNPOL is generally undervalued and regularly overlooked, and missions have tended to overly rely on militarized approaches to POC. This report examines the roles and responsibilities of UNPOL regarding POC. It outlines UNPOL’s contributions to POC and perceived comparative advantages, using examples of their role as compeller, deterrent, partner, and enabler. It also identifies and draws lessons from challenges to police protection efforts, including ambiguous mandates, policies, and guidance; poor coordination; problematic partnerships; and deficits in capabilities, capacities, and tools. Drawing on these lessons from past and current deployments, the report proposes recommendations for how member states, the Security Council, the UN Secretariat, and field missions can improve UNPOL’s efforts to protect civilians going forward. These recommendations include: Clarifying the role of UN police in POC through mandates, policies, guidance, and training to align the expectations of UN peace operations, the Secretariat, and member states for what UNPOL are expected to do; Involving all UN police in POC and giving them a voice in decision making and planning to infuse whole-of-mission POC efforts with policing perspectives and empower UNPOL to act more readily; Enhancing partnerships between UN police, host states, and other mission components to enable more responsive, better coordinated, and more comprehensive approaches to POC; and Providing more appropriate and more flexible capabilities, capacities, and tools to address critical capabilities gaps and adapt existing resources to better meet UNPOL’s latent potential for POC.
  • Topic: Security, United Nations, Peacekeeping, Reform, Rule of Law, Civilians, Police
  • Political Geography: Africa, Darfur, Mali, South Sudan, Central African Republic, Congo
  • Author: Kharis Templeman
  • Publication Date: 01-2020
  • Content Type: Policy Brief
  • Institution: Atlantic Council
  • Abstract: Over the past three decades, democracy has put down roots in many seemingly unlikely places across Asia, from Mongolia to Indonesia. At a time when democracy is in global retreat, the majority of these Asian regimes have demonstrated surprising resiliency, though many continue to suffer from glaring flaws: weak state capacity and accountability institutions, the absence of impartial rule of law, and uneven protection of political rights and civil liberties. This issue brief, “Democracy under Siege: Advancing Cooperation and Common Values in the Indo-Pacific,” by Dr. Kharis Templeman, examines challenges and opportunities for advancing cooperation and common values in the Indo-Pacific as the region faces an increasing challenge from China.
  • Topic: Civil Society, Corruption, Diplomacy, International Organization, Politics, Reform, Elections, Democracy, Rule of Law, Norms, Transition
  • Political Geography: Japan, China, Taiwan, East Asia, Asia, Australia, Korea, Indo-Pacific
  • Author: Chris Raggett
  • Publication Date: 03-2020
  • Content Type: Policy Brief
  • Institution: European Council On Foreign Relations
  • Abstract: European governments have failed to prevent corrupt actors from laundering hundreds of billions of dollars through the international financial system and their own economies. This breakdown in the rule of law empowers kleptocratic regimes across the globe, which capitalise on the political culture underpinning Europe’s approach to globalisation. Western governments create a negative feedback loop that hinders their foreign policy initiatives when they treat corruption in other countries as an inherent part of the local culture. European policymakers should aim to catch up with, and overtake, their US counterparts on anti-money laundering regulation and enforcement. European countries should create national institutions – and an international coalition of Western states – that are dedicated to countering kleptocrats.
  • Topic: Foreign Policy, Corruption, European Union, Rule of Law, Financial Crimes, Impunity
  • Political Geography: Europe
  • Author: Tod Lindberg
  • Publication Date: 05-2019
  • Content Type: Special Report
  • Institution: Georgetown Journal of International Affairs
  • Abstract: The establishment of the International Criminal Court (ICC) in the Hague is a testament to liberal normative aspiration in international politics—the conviction that there should be a neutral juridical body, beyond the influence of the ebb and flow of political power among states, that is capable of holding the perpetrators of atrocities or aggression to account. Now, more than twenty years after the negotiation of the 1998 Rome Statute––the treaty establishing the court––and coming up on seventeen years since the ICC entered into force in 2002 with the ratification by sixty state-parties, one vexing question for proponents of international justice is that of how far beyond mere aspiration the court has managed to get.
  • Topic: Politics, Rule of Law, Justice, International Criminal Court (ICC)
  • Political Geography: Yugoslavia, Rwanda, United States of America, The Hague
  • Author: Philippe Leroux-Martin, Vivienne O'Connor
  • Publication Date: 08-2019
  • Content Type: Policy Brief
  • Institution: United States Institute of Peace
  • Abstract: Ce rapport invite les spécialistes oeuvrant à la consolidation de la paix à intégrer les principes de la pensée systémique et de la théorie de la complexité dans la façon dont ils conçoivent, mettent en oeuvre et évaluent leurs interventions. En se fondant sur les études réalisées au cours des dix dernières années à l’USIP et en s’appuyant sur la littérature d’autres domaines – comme le développement organisationnel, le management situationnel, la gestion du changement et la psychologie – les auteurs prônent des approches plus personnalisées et flexibles dans la consolidation de la paix et de l’État de droit.
  • Topic: Conflict, Rule of Law, Peace
  • Political Geography: Global Focus
  • Author: Olena Tregub
  • Publication Date: 05-2019
  • Content Type: Special Report
  • Institution: United States Institute of Peace
  • Abstract: In the wake of the Euromaidan protests that toppled the government of Viktor Yanukovych in 2014, Ukrainian activists and civil society organizations have pressed hard for anti-corruption reforms and greater openness and transparency in the public sector. Five years later, however, corruption remains a fixture of civic life—and a majority of Ukrainians believe the fight against corruption has been a failure. This new report reviews the changes that have taken place in the anti-corruption movement since the Euromaidan and identifies practical actions the international community can take to support reform efforts in Ukraine.
  • Topic: Security, Corruption, Governance, Reform, Democracy, Rule of Law, Protests, Accountability, Transparency, Justice
  • Political Geography: Europe, Ukraine
  • Author: Andreas Schedler
  • Publication Date: 12-2019
  • Content Type: Working Paper
  • Institution: Kellogg Institute for International Studies
  • Abstract: Since the invention of modern democracy, political theorists as well as practitioners have alerted us against the dangers of “majoritarian tyrannies,” whose substantive meaning, however, remains unclear and controversial. Many have also alerted us against the dangers of such alerts serving as rhetorical cover for antidemocratic elites. In this twin exercise of conceptual explication and reappraisal, I intend to both clarify the meaning and reevaluate the political role of the idea of majoritarian tyrannies. In the main part of the paper, I elucidate their internal structure and variance by discussing three logical presuppositions: (1) the performance of tyrannical acts, (2) the exclusive targeting of minorities, and (3) collective action by the majority. In the final part, I propose to revalue the concept as an instrument of horizontal accountability among citizens. Antipopulist rather than antidemocratic in nature, it allows the losers of majoritarian decisions to call their fellow citizens to account for the injustices they engender.
  • Topic: Human Rights, Culture, Democracy, Citizenship, Rule of Law
  • Political Geography: Global Focus
  • Author: Ronja Harder, Jasper Linke
  • Publication Date: 01-2019
  • Content Type: Special Report
  • Institution: Geneva Centre for Security Sector Governance (DCAF)
  • Abstract: Gendarmeries and constabulary-type police go by many names, but all combine characteristics of both the military and civilian police. Because of their unique skill sets, demand for such forces to face new threats to domestic and international security has increased everywhere. However, the mixed military–civilian characteristics of gendarmeries and constabulary-type police pose special challenges for democratic civilian control and the appropriate use of force, especially in domestic law enforcement. This SSR Backgrounder describes the roles and functions of gendarmeries and similar forces and explains how applying the principles of good SSG enables them to fulfil their legitimate mission of protecting both state and human security with respect for human rights and the rule of law. This SSR Backgrounder answers the following questions: What are gendarmeries and constabulary-type police? What roles can gendarmeries play in domestic security? How can gendarmeries contribute to international security? Are gendarmeries compatible with democratic security governance? What does SSR mean for gendarmeries?
  • Topic: Security, Human Rights, Law Enforcement, Military Affairs, Rule of Law
  • Political Geography: Geneva, Global Focus