Judicial Reform: Building Institutions for the Rule of Law

Thorsten Benner, Stephan Mergenthaler and Philipp Rotmann

in The New World of UN Peace Operations

Published in print June 2011 | ISBN: 9780199594887
Published online September 2011 | e-ISBN: 9780191729065 | DOI:
Judicial Reform: Building Institutions for the Rule of Law

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This chapter traces three cases of learning in the area of judicial reform. The first case is the establishment of a judicial standing capacity, comprising a team of pretrained judicial experts and a set of intermediary legal codes to kick-start justice programs in new missions. The second case focuses on local capacity-building programs for the justice sector. While repeatedly lauded in reports and declarations and made the centerpiece of judicial reform efforts, the implementation of these programs in training and mentoring schemes remains poor. Largely due to a lack of knowledge and disputes over the appropriate role of peace operations in judicial reform, policies have not moved to fully operational guidelines and standards. The chapter's third case looks at strategies for dealing with traditional and customary judicial systems.

Keywords: customary law; judicial reform; judicial standing capacity; mentoring schemes; strategies; training

Chapter.  18434 words. 

Subjects: International Relations

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