Securitisation, Sectorisation and Goal Displacement: Rule of Law Assistance in UN Peace Operations

Abstract

This paper draws on new systematic data on UN’s rule of law assistance, covering two decades of peacekeeping and peacebuilding in Africa (1989-2010). The paper examines what type of rule of law assistance the UN is providing, differences and similarities between peacekeeping and peacebuilding missions, and the relationship between policy and practice.

Over the years the UN has accumulated a wealth of experience in helping countries establish the rule of law. And yet, providing rule of law assistance that is comprehensive, flexible, and context-adjusted in environments where national institutions have broken down, resources are exhausted and the population is divided and traumatized is a daunting, often overwhelming task.

A significant increase in rule of law assistance can be observed since the early 1990s. This concentration covers both peacekeeping and peace-building missions. The fact that the UN is now, more than ever, called upon to help countries re-establish the rule of law raises issues of the organisation’s capacity to effectively and timely respond to the demand. Moreover, while the UN (particularly the DPKO) has demonstrated an accumulation of experiences and knowledge on rule of law assistance, the type of assistance provided is primarily confined to a select set of institutions, challenges and processes. The practical application of rule of law initiatives in peacekeeping and peacebuilding suggests a form of path dependency where assistance is provided in relation to the criminal justice sector and in response to (physical) integrity and security threats. These and other observations give rise to a number of critical questions on the relevance of UN’s rule of law commitment in war-torn societies, the capacity and preparedness of the UN, the importance and use of mechanisms and tools for cooperation and joint initiatives between different UN entities, and the quality and coherence of policy and practical guidance.