Page 18 - The CoESPU Magazine N 1 - 2018
P. 18

·  When the justice chain is ineffective or part of the problem, how can investigations conducted by the
              mission be brought into the legal framework of a host State if the mission has not been mandated
              with executive authority?
          ·  The DPKO Judicial Affairs Handbook states “International actors, including judicial affairs officers,
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              should work with, rather than substitute for, national counterparts.”  Was this approach appropriate
              in your mission? Should all indigenous counterparts be regarded as “committed to the objective of
                                                vii
              good and democratic governance?”
          ·  Are there reliable techniques for determining whether one’s indigenous counterparts are trustworthy?
          ·  How can an effective partnership with indigenous officials be forged? How can effective champions
              of reform be identified and supported?
          ·  Can informal justice mechanisms effectively address dangerous spoilers?
          ·  Local ownership is regarded as the holy grail of peacekeeping. Who should the mission regard as the
              rightful owners of the legal system: the prevailing authorities? All the parties to the conflict? Civil
              society? Are all equally legitimate or should the mission only support those who support the peace
              process and oppose those who oppose it?
          ·  How can coordination on a strategy for confronting impunity and politicization/criminalization of the
              legal system be accomplished among the multiple international stakeholders?
                                                                                  ·      How  can  coordination
                                                                                  between    the    international
                                                                                  community  and  indigenous
                                                                                  stakeholders  be  accomplished
                                                                                  when some are spoilers?
                                                                                  ·      What  are  the  primary
                                                                                  lessons  to  be  learned  from
                                                                                  your experience?
                                                                                  How         to       Establish
                                                                                  Accountability  for  the  Police
                                                                                  and Security Sector?
                                                                                  ·      How  can  mechanisms
                                                                                  for       oversight       and
                                                                                  accountability  for  the  police
                                                                                  and criminal justice system be
                                                                                  most effectively promoted?
          ·  What accountability mechanisms should be emphasized: those internal to the government (including
              the  legal  system),  those  straddling  the  government  (e.g.,  ombudsman),  or  those  external  to  the
              government  (e.g.,  media,  NGOs  dedicated  to  accountability  and  human  rights,  and  civil  society
              generally)?
          ·  How  can  law  enforcement  against  spoilers  be  combined  with  capacity  building  (i.e.,  how  can  the
              conflict between monitoring and mentoring be addressed)?
          ·  How can coordination among the multiple international stakeholders be accomplished?
          ·  How  can  coordination  among  the  international  community  and  indigenous  stakeholders  be
              accomplished when some are spoilers?
          ·  What are the primary lessons to be learned from your experience?







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