An Empirical Study of the United Nations Peacekeeping Mission in a Post-Conflict Country: The Kosovo Case
Abstract
The United Nations under the Department of Peacekeeping Operations frequently engages in post-conflict society in order to create the conditions to sustain peace in a country torn by conflict or war. A crucial component of the durability of peace within a post-conflict country is the rule of law, a component where legal and judicial institutions are believed to be of vital importance for continued progression of peace, security, and development. There is little literature that empirically examines whether the UN has improved the rule of law in a post-conflict country and if so, which procedures have been used for concluding that there was or was not an improvement. This is particularly so with regards to the 1999 former Yugoslavia and Kosovo international armed conflict.
This study tries to gather the available data to determine whether UN peacekeeping mission in the Balkan region including Bosnia and Herzegovina and Croatia, has had positive effects on the quality of the rule of law, with specific consideration within the former Yugoslavia and Kosovo context. Using matching analysis and legal rationalization in order to find a positive or a negative direction, this study aims to find evidence that UN peacekeeping mission influenced the rule of law after the 1999 former Yugoslavia and Kosovo international armed conflict.
Keywords: United Nations Peace-keeping mission, Kosovo-former Yugoslavia conflict, rule of law, improvement.Downloads
References
Albrecht Schnabel, (2000), Political Cooperation in Retrospect: Contact Group, EU, OSCE, NATO, G-8 and UN Working toward a Kosovo Settlement”, Kosovo: Lessons Learned for International Cooperative Security, 21-44. Retrieved October 11, 2015, from http://www.css.ethz.ch/publications/pdfs/Studien_zu_ZS-5.pdf
Coline Hartzell, Matthew Hoddie, and Donald Rothchild (2001). Stabilizing the Peace after Civil War: An investigation of some Key Variables. International Organization, 55, 1, 183-208. Retrieved October 13, 2015, from http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.469.6894&rep=rep1&type=pdf
Durch, William and Madeline England (2010), Enhancing United Nations Capacity to Support Post-Conflict Policing and Rule of Law.
Donald A. Hempson (2011), Avoiding the Scourge of War: The Challenges of United Nations Peacekeeping. Origins, Volume 5, Issue 1. Retrieved October 13, 2015, from http://origins.osu.edu/article/avoiding-scourge-war-challenges-united-nations-peacekeeping/page/0/1
Handbook of Democracy and Governance Program Indicators, (1998), Centre for Democracy and Governance, 18, Retrieved October 11, 2015, from http://pdf.usaid.gov/pdf_docs/Pnacc390.pdf
Kevin E. Devis (2005), What Can the Rule of Law Tell Us About Rule of Law Reforms?
Michael Doyle and Nicholas Sambanis (2000), International Peacebuilding: A Theoretical and Quantitative Analysis. American Political Science Review, 94, 4, 779-802.
Michael J. Gilligan and Ernest J. Sergenti (2008), Do UN Interventions Cause Peace?
Rachel Kleinfeld Belton (2005), Competing Definitions of the Rule of Law.
Russell Field (1993), Keeping the Peace: The U.N., Canada and the Quest for International Security.
Sweta Maturu (2013). The United Nations Peacekeeping and Rule of Law Reform in Post- Conflict Societies, Columbia University Journal of Politics & Society, 65-90.
Terry M. Mays (2011), Historical dictionary of multinational peacekeeping.
Tobias Pietz, (2013). The European Union and UN Peacekeeping Half-Time for the EU’s Action Plan, Centre for international Peace Operations, 1-4. Retrieved October 15, 2015 from: http://www.zif-berlin.org/fileadmin/uploads/analyse/dokumente/veroeffentlichungen/ZIF_Policy_Briefing_Tobias_Pietz_Oct_2013_ENG.pdf
Thomas Carothers (1998). The Rule of Law Revival”, Foreign Affairs 77(1), 95-106.
Treaties, documents, conventions and others:
COUNCIL JOINT ACTION 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO, [2008], OJ L42/92, of 16 February 2008.
COUNCIL JOINT ACTION 2008/228/CFSP amending and extending Joint Action 2006/304/CFSP on the establishment of an EU Planning Team (EUPT Kosovo) regarding a possible EU crisis management operation in the field of rule of law and possible other areas in Kosovo, [2008], OJ L75/78, of 18 March 2008.
Charter of the United Nations, (1945), 1 UNTS XVI, Retrieved from:
http://www.un.org/en/charter-united-nations/
European Union, (2010), Charter of Fundamental Rights of the European Union, Official Journal of the European Union C83 (Vol. 53, p. 380), Retrieved from: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A12012P%2FTXT
Frontline, facts and figures about Kosovo, Retrieved from: [http://www.pbs.org/wgbh/pages/frontline/shows/kosovo/etc/facts.html]
Michael Doyle and Nicholas Sambanis, (2000), International Peacebuilding: A theoretical and Quantitative Analysis, Database. Retrieved from: [http://econ.worldbank.org/WBSITE/EXTERNAL/EXTDEC/EXTRESEARCH/0,,contentMDK:20701031~pagePK:64214825~piPK:64214943~theSitePK:469382,00.html]
North Atlantic Treaty Organization (1949), Retrieved from: http://www.nato.int/cps/en/natolive/official_texts_17120.htm
United Nations Mission in Kosovo (1999), Retrieved from: http://www.unmikonline.org/intro.htm
UN Security Council, Statement by the President of Security Council [on "Letter dated 11 March 1998 from the Deputy Permanent Representative of the United Kingdom of Great Britain and Northern Ireland to the United Nations addressed to the President of the Security Council (S/1998/223) and letter dated 27 March 1998 from the Permanent Representative of the United States of America to the United Nations addressed to the President of the Security Council (S/1998/272)"], 24 August 1998, S/PRST/1998/25, Retrieved October 18, 2015, from http://docid/3b00efbb20.html
UN Security Council, Statement by the President of the Security Council [on "Letter dated 11 March 1998 from the Deputy Permanent Representative of the United Kingdom of Great Britain and Northern Ireland to the United Nations addressed to the President of the Security Council (S/1998/223); Letter dated 27 March 1998 from the Permanent Representative of the United States of America to the United Nations addressed to the President of the Security Council (S/1998/272)"], 19 January 1999, S/PRST/1999/2, Retrieved October 18, 2015, from http://docid/3b00f16310.html
UN Security Council, Statement by the President of the Security Council [on "Letter dated 11 March 1998 from the Deputy Permanent Representative of the United Kingdom of Great Britain and Northern Ireland to the United Nations addressed to the President of the Security Council (S/1998/223); Letter dated 27 March 1998 from the Permanent Representative of the United States of America to the United Nations addressed to the President of the Security Council (S/1998/272)"], 29 January 1999, S/PRST/1999/5, Retrieved October 18, 2015 http://docid/3b00f24e30.html
UN Security Council, Resolution 1160 (1998) Adopted by the Security Council at its 3868th meeting, on 31 March 1998, 31 March 1998, S/RES/1160 (1998)
UN Security Council, The situation in Kosovo, Resolution 1199 (1998) Adopted by the Security Council at its 3930th meeting, on 23 September 1998, 23 September 1998, S/RES/1199
UN Security Council, Resolution 1239 (1999) Adopted by the Security Council at its 4003rd meeting, on 14 May 1999, 14 May 1999, S/RES/1239 (1999)
UN Security Council, Security Council resolution 1244 (1999) [on the deployment of international civil and security presences in Kosovo], 10 June 1999, S/RES/1244 (1999)
UNMIK Regulation /2001/9 On a Constitutional Framework for Provisional Self-Government in Kosovo, (2001), UN SCOR, 9.1.3(b).
UN Security Council, Comprehensive proposal for the Kosovo Status Settlement: maps (2007), S/2007/168/Add.2.
Worldwide Governance Indicators Data Set, Retrieved from: [http://info.worldbank.org/governance/wgi/index.aspx#home]
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