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11. Stepping up Synergies of the Danish Comprehensive Approach: The Peace and Stabilization Fund

Author:
Jessica Larsen and Christine Nissen
Publication Date:
12-2018
Content Type:
Policy Brief
Institution:
Danish Institute for International Studies (DIIS)
Abstract:
The Danish Peace and Stabilisation Fund is a prime example of how to combine civilian and military instruments to address conflicts in fragile states. However, there is still room for stepping up synergies of the military-civilian balance in Denmark’s comprehensive conflict management. Recommendations ■ Increase the frequency of formal feedback between the field and the strategic level of the PSF to avoid loss of knowledge. ■ Synergies between civilian and military instruments should take place through complimentary-but-separate interventions. ■ Take PSF instruments into account when planning Denmark’s broader engagement in conflicts to ensure a more comprehensive security policy effort.
Topic:
Security, Foreign Policy, Defense Policy, Democratization, Development, Non State Actors, Fragile States, Violence, Peace, Police, and Justice
Political Geography:
Europe and Denmark

12. Analysis of Constitutional Changes Concerning Justice

Author:
Valeria Klymenko and Hanna Pashkova
Publication Date:
06-2018
Content Type:
Journal Article
Journal:
National Security and Defence
Institution:
Razumkov Centre
Abstract:
Independent judiciary is an essential attribute of a democratic government and an important factor in establishing the Rule of Law. Events of the late 2013 and early 2014 confirmed the presence of serious problems in the Ukrainian judiciary. Not only it was inable to resist the arbitrary rule but also condoned and encouraged manifestations of autocracy. This objectively angered the society, which was receptive to immediate measures aimed at restoring confidence in the judiciary and the right to a fair trial. As these measures failed to deliver tangible positive results, the judiciary remained disoriented and demoralised. The need to reform the constitutional basis of the functioning of the judiciary became apparent. The Constitutional Commission established by the President of Ukraine has developed draft amendments to the Constitution (concerning justice), which on 2 June 2016 were adopted by the Parliament. Implementation of constitutional changes through necessary regulatory mechanisms was translated into action by adoption of several important laws – “On the Judiciary and the Status of Judges”, “On the High Council of Justice”, “On the Constitutional Court of Ukraine”, “On Agencies and Persons Performing Compulsory Enforcement of Court Decisions and Decisions of other Authorities”, and “On Amendments to the Commercial Procedure Code of Ukraine, the Civil Procedure Code of Ukraine, the Code of Administrative Justice of Ukraine and other Legislative Acts”. The process of implementing amendments to the Constitution concerning justice and the status of the Constitutional Court implies introduction of their provisions and legal mechanisms in the practice of establishing the judiciary bodies, appointment of judges and improvements in legal proceedings based on the new framework. The Constitutional Court, in turn, should gain genuine social recognition and respect by improving important elements of its status through exemplary adherence to its constitutional powers. In these processes, it is vital to promptly identify problems linked to inadequacy and unconstitutionality of certain provisions of the above laws, as well as the means of their application. This analytical report and all the materials presented in this publication are part of these efforts.
Topic:
Law, Public Opinion, Reform, Constitution, Justice, and Judiciary
Political Geography:
Europe and Ukraine

13. An analysis of popular justice on Polish Facebook discussion groups

Author:
Bartosz Płotka
Publication Date:
06-2018
Content Type:
Journal Article
Journal:
Security and Defence Quarterly
Institution:
War Studies University
Abstract:
The subject of this article is the efficiency of popular justice as the informal mechanism of public safety production on the example of Polish users of facebook.com. The investigation was based on the empirical data collected from Polish public discussion groups on the facebook website. The qualitative analysis of digital data allowed a presentation of what forms popular justice takes today and what kind of reconceptualisation it undergoes in comparison to its previous forms. The theory that backed up the study was the concept of informal institutions which allowed the most important characteristics and their changes to be demonstrated. The results show that popular justice is an ineffective mechanism of public safety production because of its selectivity and the high level of emotions related to judging people, which makes a just judgment impossible.
Topic:
Social Media, Justice, Facebook, Qualitative Research, Public Security, and Informal Institutions
Political Geography:
Europe and Poland

14. Justice Mosaics: How Context Shapes Transitional Justice in Fractured Societies - Report

Author:
Roger Duthie
Publication Date:
05-2017
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
The contexts in which societies attempt to address legacies of massive human rights violations—by confronting impunity, seeking effective redress, and preventing recurrence—are integral to the concept of transitional justice. Such contexts can vary widely: they can include ongoing conflicts, post-authoritarian transitions, post-conflict transitions, and post-transitional periods. They can also differ in terms of institutional and political fragility as well as levels of economic and social development. Broad policy objectives in such contexts can range from rule-of-law promotion to conflict resolution, peacebuilding, vindication and protection of human rights, democratization, development, and social change. As the term suggests, however, the contexts in which societies undertake transitional justice processes are usually to some degree transitional. This is important because transitions create opportunities for addressing past injustice, while at the same time they retain continuities with the past that pose constraints or obstacles for doing so. The fact that context varies is important because the broader context affects the objectives of transitional justice efforts as well as the processes through which they develop, which in turn affect the specific responses that are most appropriate and feasible in each setting. Here processes refer to the different ways in which ideas and movements develop, promote, and coalesce in demands for accountability, acknowledgment, and reform in the aftermath of massive human rights violations.
Topic:
Reform, Criminal Justice, Institutions, Justice, Reparations, Gender, Truth and Reconciliation, and Youth Engagement
Political Geography:
Africa, Europe, Middle East, Asia, South America, and North Africa

15. Trends of Citizens’ Trust Towards the Security and Justice Institutions in Kosovo

Author:
Mentor Vrajolli and Përparim Kryeziu
Publication Date:
09-2015
Content Type:
Policy Brief
Institution:
Kosovar Centre for Security Studies (KCSS)
Abstract:
The structure of this paper is composed of four sessions: first section elaborates general trends of citizens’ trust towards security and justice institutions (this section also contains subsections where the general trends for each specific institution are analyzed separately); the second section analyses rural/urban trends of citizens’ trust towards security and justice institutions; the third section analyses gender trends of citizens’ trust towards security and justice institutions, and the fourth section ethnic based perspectives. The paper contains also a list several recommendations is provided, based on our analysis of the findings.
Topic:
Security, Citizenship, Institutions, Justice, and Trust
Political Geography:
Europe, Kosovo, and Balkans

16. Just Peace: Achieving Peace, Justice, and Development in Post-Conflict Africa

Author:
Corinna Jentzsch
Publication Date:
08-2014
Content Type:
Working Paper
Institution:
Social Science Research Council
Abstract:
The analysis begins with a review of trends in financing peace operations, including the proliferation of actors; existing financing mechanisms used by the UN, the European Union (EU), the North Atlantic Treaty Organiza- tion (NATO), and the World Bank; and the devolution of these operations to African regional organizations. Efforts of the past two decades to respond effectively to challenges to peace and security in Africa have produced vari- ous new programs and institutions, funds, and budgets and led to revisions of previous programs and financing mechanisms. This proliferation of institutions and funds has also created challenges, however, which the analysis reviews next, placing particular emphasis on three: the inadequacy of UN reforms to overcome financing constraints; the insufficiency and unpredictability of voluntary contributions; and the limited capacity of African regional organizations. All are rooted in the demand for more integrated approaches to peace operations on the one hand and the lack of coordination, duplication of structures, and waste of resources on the other.
Topic:
NATO, United Nations, Developing World, Finance, Europe Union, Peace, and Justice
Political Geography:
Africa, United States, and Europe

17. TESEV’s Suggestion: Anti-Corruption Legislation and International Acquis

Author:
R. Bülent Tarhan
Publication Date:
01-2014
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
This comprehensive work has been prepared by Prime Minister’s Chief Inspector Bülent Tarhan and contains all related UN and OECD documents, government of Republic of Turkey’s fight against corruption action plans, decision and circulars of the prime ministry, national programme of Turkey related with undertaking of the EU Legal Acquis related provisions of the Turkish law, EU Progress reports, GRECO Turkey Reports, all anti-corruption laws and GNAT Corruption Investigation Commission Report as well as Mr.Tarhan’s article ‘Institutional Foundation of Anti-corruption’. Published by TEPAV (The Economic Policy Research Foundation of Turkey) this work is an extensive source of information to anyone who has been interested in this subject matter. In order to navigate easily in this 1040 page long document, you can click on the titles and sub-titles in the summary of contents. This work has only been published in Turkish.
Topic:
Corruption, Law, European Union, Courts, Accountability, Transparency, and Justice
Political Geography:
Europe, Turkey, and Middle East

18. Kosovo’s Membership and Representation in Regional Security Initiatives

Author:
Donika Emini
Publication Date:
09-2014
Content Type:
Policy Brief
Institution:
Kosovar Centre for Security Studies (KCSS)
Abstract:
In particular, the challenges are present with respect to Kosovo’s access to defense related regional initiatives. While Kosovo’s recent membership in the RCC is expected to open the doors for representation and access to other regional security initiatives, the findings in this paper show that the progress is limited and accompanied by a wide variety of challenges. By not being fully-fledged member, Kosovo is constrained in benefiting from joint operations and activities in the field of rule of law, justice and security. Consequently, the political agreements reached in the dialogue between Kosovo and Serbia and the concept of introducing regional cooperation in the Western Balkans, are seriously challenged.
Topic:
Security, Treaties and Agreements, Rule of Law, Representation, Justice, and Regional Security
Political Geography:
Europe, Kosovo, and Balkans

19. Different Perceptions of International Justice

Author:
Mirza Dedic
Publication Date:
01-2014
Content Type:
Working Paper
Institution:
The Centre for Security Studies
Abstract:
The International Criminal Tribunal for the former Yugoslavia (ICTY), the court established to preserve justice and promote reconciliation among the people of the former Yugoslavia, left different impressions on the people when it comes to the question of its success or failure. It would probably be too harsh to label the court and its work as failure, especially from this time-point (it is probably too early to give definite conclusions) and after taking into account that people in the Balkans would probably still wait for the justice to serve them and for the start of the processes supposed to lead towards the reconciliation, if there was not for the ICTY. However, controversies regarding its work, leniency, plea bargaining, and emphasis on deterrence and not on retribution; all of these factors, including others will be mentioned throughout this paper as the reasons influencing the dissatisfaction with the court and the emerging sense of injustice. In order to explain the work of the ICTY, it is first necessary to explain the notion of the international justice, as well as its importance in promoting the reconciliation among the warring sides through its “truth seeking value” (Rosenberg 2008). Apparent failure of the ICTY to satisfy the appetites of the people in Bosnia and Herzegovina led some of them to start favouring the local courts, disregarding many negative aspects related to their work.
Topic:
International Law, Conflict, Justice, Reconciliation, and International Criminal Tribunal for the former Yugoslavia (ICTY)
Political Geography:
Europe, Balkans, and Bosnia and Herzegovina

20. Re-Establishment and Reform of the Justice System in Kosovo (1999-2011)

Author:
Kosovar Centre for Security Studies (KCSS)
Publication Date:
05-2011
Content Type:
Working Paper
Institution:
Kosovar Centre for Security Studies (KCSS)
Abstract:
While the research describe the development of justice system in the pre-independence period, the research team paid particular attention for the post-independence justice system focusing on the legal mandate of EULEX and problems in the North. Nevertheless, having in mind the complex sector and the diverse mechanisms, it was not the intention of the researchers to deepen the analysis in some specific areas of justice but rather to provide a broader overview. In fact, this research is expected to serve as the basis for upcoming research papers of KCSS aiming to address more specifically the important aspects in the broader field of rule of law.The paper shall serve as reliable source for the students, researchers and the policy makers willing to have a general picture on the developments in this sector. The original version is in English language and translated into Albanian Language.
Topic:
Security, Reform, Rule of Law, and Justice
Political Geography:
Europe, Kosovo, and Balkans