Search

Begin New Search Topic Crime Publishing Institution United States Institute of Peace

1. Managing the Secure Release of Sensitive Detainees in Libya

Author:
Fiona Mangan, Lillian Dang, and Nate Wilson
Publication Date:
10-2019
Content Type:
Special Report
Institution:
United States Institute of Peace
Abstract:
During the 2011 uprising that ousted dictator Muammar Gadhafi, revolutionary fighters in Libya rounded up large numbers of Gadhafi loyalists and detained them in prison facilities and makeshift detention centers around the country. The release of such high-profile detainees, either after they have been acquitted of crimes or served their sentences, is a sensitive political issue. This report examines the domestic and international laws and standards governing the secure release of these detainees and provides a number of policy ideas for addressing the shortcomings of Libya’s current release procedures.
Topic:
Crime, Prisons/Penal Systems, Arab Spring, and Justice
Political Geography:
Libya and North Africa

2. Criminalizing Sexual Exploitation and Abuse by Peacekeepers

Author:
Carla Ferstman
Publication Date:
09-2013
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Sexual exploitation and abuse continue to pervade peacekeeping missions, and peace - keepers benefit from near-total impunity. Several seminal United Nations (UN) studies and expert reports provide a useful blueprint of where the gaps lie, what must be done to address them, and how to do so. Zero-tolerance UN policies have focused on preventing new abuse and strengthening codes of conduct. These goals are laudable but undermined when not accompanied by consistent discipline and criminal accountability. Despite eight years of annual resolutions that underscore the need to address the problems, there is no evidence of greater accountability. More work is needed to finish the job. States are responsible for disciplining and punishing their troops, but the UN must do more to ensure that this happens. The UN needs to work actively with states to bridge the gaps in domestic legislation by issuing written advice and publishing model legislation. The UN should publicly name and shame those states that fail to investigate and prosecute credible cases. The UN should refrain from accepting troop contingents from countries that repeatedly fail to live up to their written assurances to investigate and prosecute. The memorandum of understanding governing the relationship between the UN and troop-contributing countries should be further revised to introduce greater conditionality into the acceptance and removal of troop contingents.
Topic:
Conflict Resolution, Crime, Human Rights, and Peacekeeping
Political Geography:
United Nations

3. Providing Justice in Haiti

Author:
Robert Maguire
Publication Date:
04-2012
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
In spite of the Haitian government's stated priority of improving rule of law, a Haitian court's decision not to prosecute former dictator Jean-Claude Duvalier for crimes against humanity has cast doubt on the sincerity of that commitment. The failings of Haiti's judicial system are well-known, but historically reform efforts have been ineffective. Improved provision of justice is critical for the creation of conditions for stability and the eventual withdrawal of the United Nations Stabilization Mission in Haiti (MINUSTAH). Modernizing Haiti's antiquated legal and penal codes are an essential component of rule of law reform. Some progress is being made toward this end. A greater emphasis is needed on coordinating efforts among international donors and improving interaction with Haitian counterparts to achieve progress on judicial reform.
Topic:
Crime, Human Rights, Foreign Aid, Fragile/Failed State, and Law
Political Geography:
United Nations, Caribbean, and Haiti

4. Atrocity Prevention through Persuasion and Deterrence

Author:
Jonas Claes
Publication Date:
06-2012
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Political missions can be described as multilateral teams of primarily civilian experts that rely largely on political persuasion to find a nonviolent way out of crises. Preventive deployments are defensive military missions primarily aimed at deterring state or non-state actors from initiating undesired actions. Both political missions and preventive deployments are traditionally seen as conflict management tools used by international or regional organizations.
Topic:
Conflict Prevention, Political Violence, Crime, Genocide, and Human Rights

5. Drugs in Afghanistan—A Forgotten Issue?

Author:
William Byrd and David Mansfield
Publication Date:
05-2012
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Opium will continue to be an important part of the Afghan landscape—with political and security as well as economic ramifications. The ongoing security transition (2011-2014) will be accompanied by greater risks to Afghani­stan's polity, security and economy from the illicit drug industry—including through likely further increases in opium production.
Topic:
Conflict Resolution, Corruption, Crime, Terrorism, War on Drugs, and Narcotics Trafficking
Political Geography:
Afghanistan

6. Rethinking Nigeria's Indigene-Settler Conflicts

Author:
Aaron Sayne
Publication Date:
07-2012
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Many of Nigeria's worst conflicts pit the recognized original inhabitants, or indigenes, of a particular place against supposedly later settlers. These conflicts may be growing deadlier and more numerous with time. State and local governments have free rein to pick who is an indigene. Abuse of the label can foster deep socioeconomic inequalities, given that indigenes enjoy preferential access to land, schools, development spending, and public jobs. These inequalities feed into violence, although righting inequality may not be sufficient to end violence in every case. The indigene-settler distinction is also explosive because it reinforces and is reinforced by other identity-based divides in Nigeria. These differences in ethnicity, language, religion, and culture can be longstanding and deeply felt, but how they factor into violence is again not well understood. Poor law enforcement responses also help entrench violence between indigenes and settlers. Official complicity and indifference make prosecutions rare. Destructive conduct by the Nigerian security forces itself often becomes a structural cause of violence. Serious thought about how to prevent or resolve indigene-settler violence has barely started in Nigeria. Addressing inequality between indigenes and settlers calls for serious, microlevel analysis of local economic dysfunctions and opportunities, along with real official commitment to make and enforce better policies. More holistic understandings of justice are also needed. The worst hot spots will need a wide menu of well-planned interventions. Options include securitization, criminal prosecution, mediation and dialogue, truth commissions, victim compensation programs, public health and trauma assistance, public institutional reforms, education, and communications work. In some cases, building sustainable peace could take a generation or more.
Topic:
Conflict Resolution, Political Violence, Crime, Ethnic Conflict, and Peace Studies
Political Geography:
Africa and Nigeria

7. Analyzing Post-Conflict Justice and Islamic Law

Author:
Whitney Parker, Scott Worden, Shani Ross, and Sahar Azar
Publication Date:
03-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Post-conflict justice mechanisms such as truth commissions, war crimes tribunals and reparations programs have emerged as a fundamental building block of durable peace settlements in Latin America, Africa and Asia. They are relatively rare, however, in Muslim countries recovering from conflict-despite the fact that social and criminal justice is a fundamental principle of Islamic law.
Topic:
Conflict Prevention, Crime, Islam, War, Law Enforcement, and Law
Political Geography:
Africa, Asia, Arabia, and Latin America

8. The Kabul Courts and Conciliators: Mediating Cases in Urban Afghanistan

Author:
Zuhal Nesari and Karima Tawfik
Publication Date:
08-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
USIP observation in the Kabul court system shows that a significant number of legal disputes are being resolved through a combination of formal and informal justice mechanisms, contrary to the assumption that resorting to traditional dispute resolution bodies occurs only in rural areas where legal awareness and access to courts is low. Specifically, the Kabul courts frequently refer cases to conciliators who are not part of the formal judiciary. This yields benefits for both the courts and litigants: Conciliators reduce the courts'; caseload and litigants receive a cost-effective and expeditious alternative to trials. The Afghan civil and commercial procedural codes specifically allow decisions made between litigants and a conciliator to be formally registered with the court, which may provide a legal model for recognition of decisions by traditional shuras or jirgas. In practice, however, litigants are not uniformly provided with the option of settling their cases through conciliators. Therefore, increased public awareness of the legal option to refer cases to conciliators would provide litigants with the relevant knowledge they need to make an informed decision about the best way to resolve their disputes, and reduce the demand for the already overburdened formal justice sector.
Topic:
Crime and Law
Political Geography:
Afghanistan

9. Second Annual Conference on Preventing Violent Conflict

Author:
Lawrence Woocher, Jonas Claes, and Abiodun Williams
Publication Date:
07-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
USIP's annual “Preventing Violent Conflict” conference is designed to spotlight the importance of the subject, address specific challenges facing prevention efforts and identify priority areas for USIP's future work on conflict prevention. This brief summarizes the highlights of that conference.
Topic:
Conflict Prevention, Political Violence, Crime, and War

10. The Challenge of Keeping Haitians Safe

Author:
Robert Maguire and Courtney McCreesh
Publication Date:
06-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
President Michel Martelly takes office at a time when Haitians are frustrated with the pace and scale of earthquake recovery and insecure about the future. Haitians are uncertain what to expect from their new leader who has promised much and who now must address a broad range of immediate needs. Progress toward improved personal, social, economic, environmental, political and energy security for Haiti's citizens has been mixed. The Haitian National Police comprise an important building block for improving Haiti's personal safety and security environment. A greater effort is needed to deal with Haiti's chronic problems with jobs, education, healthcare and housing.
Topic:
Security, Political Violence, Crime, and Economics
Political Geography:
Caribbean and Haiti