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Rule-of-law Tools for Post-Conflict States: Mapping the Justice Sector

NCJ Number
222842
Date Published
2006
Length
66 pages
Annotation
This report provides practical guidance for field missions and transitional administrations in building the justice sector, prosecution initiatives, truth commissions, and the monitoring of legal systems for countries emerging from conflict and crisis that make them vulnerable to a weak or nonexistent rule of law and large-scale human rights violations.
Abstract
An overview of key institutions in the justice sector focuses on the courts; the police and other law enforcement bodies (customs, border guards, and constabulary bodies); and prison administration. Regarding the courts, observing trials and monitoring pretrial procedures to ensure adherence to international and national guarantees on limits to pretrial detention, access to counsel, and speedy trials are integral to a mission's work. Police reform is a multifaceted, multidisciplinary effort that requires coordination among many actors and will require many years and much money. United Nations experts in several sections must collaborate with local officials in designing a policing strategy and securing sustainable funding from local resources. The prison service is a key link in the criminal justice chain. Critical issues are providing qualified personnel to manage and maintain prisons on an interim basis; providing technical assistance for prison reform efforts; supporting initiatives that establish or reform the legal and policy infrastructure of the overall criminal justice system; and training local prison staff. The second major section of this report considers work with entities or mechanisms related to the courts, law enforcement, and prison administration. The third section of the report considers some key issues for the criminal justice sector and related institutions, namely, linkages between core institutions and the strengthening of institutions. The report concludes with guidance for peacekeepers' conduct. This pertains to holding to the highest levels of accountability and transparency the behavior of international employees of peacekeeping operations, both civilian and military. Appended suggested guidelines for specific transitional criminal justice operations