Has there been a failure to prioritise the rule of law in post-conflict situations?
The failure is pretty total. We don’t seem to grasp the need to have rule of law aspects addressed on the ground with the appropriate people at the critical time, when conflict is low-level or ending. The military cannot do it. In Kosovo, the (British) forces arrested people who were burning down houses, but then they had to release them as there was no civilian justice system to turn them over to. In Afghanistan, it has been impossible in a peacekeeping context to get sufficient civilian police in place. Similarly in many UN missions. There is also a problem getting judges. There is a need to get qualified exiles to return to these areas. In the interim, where there is no other option, military courts that comply with international standards, might be a temporary answer. Local law should be used where available, but in these situations we need to be pragmatic. Lawyers can over-complicate the process. Within UNTAC [United Nations Transitional Authority for Cambodia], we entered the pri
