Between 30 July and 2 August 2010, a series of attacks took place in Walikale territory, in the conflict-ridden eastern part of the Democratic Republic of the Congo. In the course of these attacks on civilians, at least 303 people in 13 villages were subjected to systematic rape by the Nduma Defence of Congo group (NDC) and other illegal armed groups.1?This was a tragedy of significant human proportions in a region that had already suffered from several years of violence. Furthermore, members of NDC committed other serious crimes in the region before and after these events.
On 23 November 2020, a Congolese court sentenced the former NDC leader, Ntabo Ntaberi Sheka, to life imprisonment for war crimes, including murder, rape, sexual enslavement and the recruitment of children for crimes committed between 2007 to 2017 in Walikale territory.2?The United Nations Organization Stabilization Mission in the Democratic Republic of the Congo () provided protection to victims and witnesses, and technical, logistical and financial support to the Congolese judicial authorities during joint investigations and the trial.
In many ways, this case illustrates the importance of support to national justice and security institutions by United Nations peace operations. Such support is essential in the mitigation of potential drivers of conflict. It is particularly critical in settings where there is a lack of trust between the population and State representatives, or a desire by those affected to take justice into their own hands. Outcomes such as those in the case against the former NDC leader strengthen the credibility, legitimacy and accountability of State institutions, including security forces, and help preserve and protect human rights.
The absence of justice directly fuels conflict. A young man whose friends or relatives have been victimized may become a recruit for illegal armed groups. Lack of justice, be it actual or perceived, causes resentment and conflict at both the individual and societal levels.
Fundamental reform of justice and security systems takes decades. Most importantly, the absence of a tradition of an independent or representative and inclusive judiciary can constitute a fundamental impediment to reform.?
United Nations peace operations that provide support to national justice and security institutions are governed by United Nations Security Council resolutions. These mandates fall historically within three broad categories: executive support, capacity-building support and direct security support. The overall objective remains to strengthen national capacities; extend the authority of the State; and enhance the effectiveness and inclusiveness of justice and security institutions as well as confidence in those institutions, with a view to preventing violence, fighting impunity and sustaining peace. This assistance is provided primarily from the perspective of reinforcing the criminal justice chain—comprising law enforcement, judicial and prison institutions—a central component for stabilization and security efforts in conflict and post-conflict settings.
In a ,3?the World Bank demonstrated the critical relationship between strong justice and security institutions, job creation and the mitigation of cycles of violence. This is certainly the case in conflict and post-conflict societies, where State-level leadership, a clear vision and comprehensive objectives are crucial for justice and security reform. In contrast, the or sustainable security.
Fundamental reform of justice and security systems takes decades. Most importantly, the absence of a tradition of an independent or representative and inclusive judiciary can constitute a fundamental impediment to reform. Given this long-term endeavour, peace operations can, however, have an immediate impact by focusing on specific initiatives, particularly in relation to accountability for crimes that act as drivers of conflict and instability. This is done in contexts where corruption and patronage often serve vested, key interests for those in power who may want to maintain the status quo. Furthermore, prison reform is rarely considered a major priority, as detained persons are among the most disenfranchised individuals in society.
Nevertheless, there can be several opportunities for reform in conflict and post-conflict societies. Peace agreements and constitutional reform initiatives, in conjunction with adequate leadership at the highest political levels, can foster genuine change. The fact that justice and security institutions may need to be rebuilt entirely as a result of conflict creates possibilities for the vetting, selection, recruitment and training of a new generation of law enforcement, judicial and prison personnel. The appointment of qualified, well-trained staff and the establishment of adequate administrative support systems can also present a unique opening for meaningful reform. This, along with the establishment of functional internal and external accountability and disciplinary institutions, can create a new paradigm for justice and the provision of justice and security within a State.
Some key lessons have emerged from the experience of United Nations peace operations. Foremost, the importance of an inclusive and collaborative approach, in which national plans and priorities are supported within mandate implementation, is now recognized. Second, any initiative should be informed by, and established in support of, clear political and security objectives; the reform of justice and security institutions is rarely if ever a purely technical matter. Third, an incremental approach can be useful in building momentum within specific sectors that can act as models for other areas. Fourth, despite competing priorities, such initiatives are always long-term endeavours, which require significant investments of human and financial capital. At the same time, it is crucial to focus in the short term on specific initiatives that can have an immediate impact, particularly as it relates to accountability for crimes that act as drivers of conflict and instability.
Last, and most importantly, leadership is key. It is necessary to maintain a clear vision at the highest level of the State, which can broadly impact the attitude of the population and encourage a culture of respect for the rule of law. While United Nations police, justice and corrections personnel represent less than 10 per cent of overall deployments in peace operations, their activities remain fundamental to the achievement of sustainable peace and security, as well as for the successful implementation of the mandates of such missions. Increasingly, those mandates support the rule of law in countries recovering from conflict and, by extension, they underpin the development of credible and legitimate institutions. This remains a fundamental condition for achieving?sustainable peace and security in these contexts.
Notes
1?Report of the Secretary-General on the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo, 8 October 2010, S/2010/512, paragraph 8.
2?Report of the Secretary-General on the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo, 30 November 2020, S/2020/1150, paragraph 44.
3?The World Bank, World Development Report: Conflict, Security and Development, 2011, ISBN: 978-0-8213-8500-5.?
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