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The New World of UN Peace OperationsLearning to Build Peace?$
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Thorsten Benner, Stephan Mergenthaler, and Philipp Rotmann

Print publication date: 2011

Print ISBN-13: 9780199594887

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199594887.001.0001

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Judicial Reform: Building Institutions for the Rule of Law

Judicial Reform: Building Institutions for the Rule of Law

(p.109) 5 Judicial Reform: Building Institutions for the Rule of Law
The New World of UN Peace Operations

Thorsten Benner

Stephan Mergenthaler

Philipp Rotmann

Oxford University Press

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

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