Building States, Building Justice? Transitional Justice in the Context of Civilian Crisis Management

This working paper from CMC Finland discusses the complex relationship between civilian crisis management and promoting transitional justice in fragile contexts and post-conflict environments. It highlights two case studies, Kosovo (EULEX/UNMIK) and CAR (MINUSCA).

The paper aims to map linkages between civilian crisis management and the promotion of transitional justice in fragile contexts. Transitional justice already has become integral to post-conflict peacebuilding and international peace operations over the past two decades.

The authors examine the institutionalization of transitional justice within the global peacebuilding framework, highlighting its role in achieving sustainable peace. The nexus between transitional justice and liberal peacebuilding is also analysed, emphasizing the importance of institutional reforms. Perspectives from civilian crisis management are applied to understand how transitional justice can be effectively implemented in peace operations.

Case Studies: Kosovo and the Central African Republic (CAR)

The paper examines the United Nations Mission in Kosovo (UNMIK) and the European Union Rule of Law Mission in Kosovo (EULEX), as well as the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA). It highlights both successes and ongoing challenges in these contexts, noting small improvements but persistent fundamental problems.

Findings

  • The political nature of transitional justice is acknowledged, along with the risks of hybrid outcomes that may not fully satisfy local needs.
  • The importance of adapting the processes to local and contextual realities through solid conflict analysis is emphasised.
  • Enhancing locally resonant approaches to justice and including civil society expertise to its full potential are recommended. 

While transitional justice has been explicitly included in the structures of the UN framework and in the framework of the EU’s civilian CSDP missions, the linkage to crisis management operations have not yet been adequately identified and studied. The paper concludes that while transitional justice is crucial for building sustainable peace, its implementation must be context-specific and inclusive of local perspectives to be truly effective.

Reference: Nieminen, V. & Hallikainen, N. (2024). Building states, building justice? Transitional justice in the context of civilian crisis management. CMC Finland Working Papers - 2/2024

Resource

PDF | 36 page 

Read the full paper

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