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United Nations judicial experts – Building judicial systems in war-torn countries

Three young public defenders in Timor-Leste share a lighter moment.  Providing training and mentoring to such court officials is a key facet of UN efforts to help strengthen the rule of law in one of the world’s youngest countries. UN Photo/Martine Perret Judges in a Dili District courtroom hand down verdicts in the trial against 28 persons accused in the 2008 attack on Timor-Leste's two top politicians, President José Ramos-Horta and Prime Minister Kay Rala Xanana Gusmão. Photo by UNMIT/Martine Perret Edmund Mulet, the Special Representative of the SG in Haiti, called for a special meeting of Member States in October 2010 to address the crisis of rule of law in this Caribbean nation. The meeting was co-chaired by Assistant Secretary-General Atul Khare.  UN Photo/ Paulo Filgueiras Graduation ceremony of a group of military magistrates in 2009 in the Democratic Republic of the Congo, where the Rule of Law Unit in MONUSCO works with the UN Development Programme to build capacity in the military justice system, 2009. UN Photo The Sanniquellie Magisterial court is a typical courtroom in rural Liberia. The UN is working to upgrade the facilities and professionalize its staff. UN Photo/ Staton Winter While the building is simple both inside and out, what matters most is if justice is delivered in the courtroom in a timely and fair manner.  UN Photo/ Staton Winter A mural in Port-au-Prince, part of a comprehensive public information campaign carried out by MINUSTAH graphically shows the role that rule of law plays in developing stability, 2009.  UN Photo by Marco Dormino Senior magistrates and the Minister of Justice attend a swearing-in ceremony for newly appointed judicial officials in Cote d’Ivoire, after in 2007 UNOCI helped with the redeployment of magistrates to the north of the country where there had been no civil administration.  UN Photo/Lee Woodyear
  • Three young public defenders in Timor-Leste share a lighter moment.  Providing training and mentoring to such court officials is a key facet of UN efforts to help strengthen the rule of law in one of the world’s youngest countries. UN Photo/Martine Perret
  • Judges in a Dili District courtroom hand down verdicts in the trial against 28 persons accused in the 2008 attack on Timor-Leste's two top politicians, President José Ramos-Horta and Prime Minister Kay Rala Xanana Gusmão. Photo by UNMIT/Martine Perret
  • Edmund Mulet, the Special Representative of the SG in Haiti, called for a special meeting of Member States in October 2010 to address the crisis of rule of law in this Caribbean nation. The meeting was co-chaired by Assistant Secretary-General Atul Khare.  UN Photo/ Paulo Filgueiras
  • Graduation ceremony of a group of military magistrates in 2009 in the Democratic Republic of the Congo, where the Rule of Law Unit in MONUSCO works with the UN Development Programme to build capacity in the military justice system, 2009. UN Photo
  • The Sanniquellie Magisterial court is a typical courtroom in rural Liberia. The UN is working to upgrade the facilities and professionalize its staff. UN Photo/ Staton Winter
  • While the building is simple both inside and out, what matters most is if justice is delivered in the courtroom in a timely and fair manner.  UN Photo/ Staton Winter
  • A mural in Port-au-Prince, part of a comprehensive public information campaign carried out by MINUSTAH graphically shows the role that rule of law plays in developing stability, 2009.  UN Photo by Marco Dormino
  • Senior magistrates and the Minister of Justice attend a swearing-in ceremony for newly appointed judicial officials in Cote d’Ivoire, after in 2007 UNOCI helped with the redeployment of magistrates to the north of the country where there had been no civil administration.  UN Photo/Lee Woodyear

Re-establishing and strengthening the judicial and legal systems in a country recovering from war is a key component of UN peacekeeping’s comprehensive approach to restoring and consolidating peace. 

The first step is a thorough assessment of a host country’s justice sector:  What kind of legal and constitutional reforms may be necessary? Are there enough judges, prosecutors and other court officials?  Do they need training?  Are there enough court buildings? Can damaged or rundown facilities be quickly repaired? Who can help pay for this?

UN justice experts work together with their national counterparts to chart a course forward for reform and professionalism – prioritizing necessary legislation, training needs, and facilities for construction or repair. 

To better monitor and mentor, UN officials are often co-located with national actors at the Judiciary, the Legislature and Ministry of Justice.  There they can provide advice, assistance and support to these key institutions while ensuring that they are fully functional and deliver quality prosecution.  This is also an opportunity to determine what training for judicial staff should be arranged to improve their professionalism.

While UN peacekeeping missions have become more active and more effective in this field over the past decade, they are not working alone.  Much of this reform work is carried out in full partnership with other international actors, such as UN agencies, funds and programmes, UN Member States, international legal associations and other non-governmental organizations. 

The end result is what people in societies emerging from war so dearly yearn for: justice and trustworthy institutions that can uphold the rule of law.