The Role of Criminal Justice in Peacekeeping Operations

Unit 6: Civilian Police and Multinational Peacekeeping - A Role for Democratic Policing

Instructor Anthony O’Brien

Email: aobrien@kaplan.edu

Unit 6: Assignments

Reading: Civilian Police and Multinational Peacekeeping: A Role for Democratic Policing

Discussion Board (25 pts)Seminar (20 pts)Paper (160)

205 points Total Points

Unit 6 Project

Write a 3 - 4 page paper summarizing structural and imposed internal and external barriers to establishing the rule of law in a post-conflict society. Select a regional conflict, natural disaster, or civil upheaval that has affected them in some way, or is of particular interest, and identify the issues created by the particular disorder that challenge the establishment or return of the rule of law. Incorporate course readings on democratic policing and cite at least three additional resources that document the particular civil disorder identified in their paper. The following points should be covered in your paper:

Unit 6 Project- cont’d

Identify and describe five barriers to transitioning a post-conflict society into one that adheres to the rule of law.

Relate how these barriers affect the transition of this situation. Analyze these barriers to determine their impact on this society.

After reading the assigned texts and reviewing the material in Extra! Extra! you should have an understanding of the challenges peacekeepers have in re-establishing the justice sector in a post- disruption society. You should also have an understanding of how those challenges have affected regional efforts at introducing the rule of law into the justice sector during the institution building portion of peacekeeping efforts.

Civilian Police

Identify the two key elements of a democratic police force

Civilian Police

Responsiveness: Responsiveness means the police respond to the needs of the people, not just the government. No “regime police” beholden to the wishes of the ruling power. The police listen to the problems presented by the public and react in line with the people’s interests.

Accountability: Accountability means the police are independent of ruling regimes, and answer to oversight institutions (courts, legislatures, media, complaint review board). A police force is distinguishable as democratic by its submission to and acceptance of outside supervision and examination.

Civilian Police

How can you tell if a police force is democratic?

Civilian Police

There are two basic tests. – (1) Whether the majority of police work is generated

by requests made by citizens, not government officials. Police should downwardly responsive to the public

– (2) Whether the police are accountable to multiple audiences through multiple channels.

Example: a democratic police force is accountable to the courts, elected officials, the media, and civil complaint review boards.

Civilian Police

Is outside supervision welcomed by the police?

Civilian Police

Generally the answer is no. But police must at least recognize that supervision is essential to democracy, and accept it.

Civilian Police

What are the four main principles to establishing a democratic police force?

Civilian Police

Isolate the substance of democratic Balance what is democratic with what is achievable  Understand the link between policing and politics Recognize the pressures under which the police

operate

Civilian Police

Does the U.S. have a clear overall game plan on what democratic values it wants to export?

Civilian Police

The readings answer no. International police assistance is divided among various agencies, with each stressing their own interests. The U.S. contributes a lot of money, but does not have a core set of values or objectives to wants implemented in foreign police reform operations.

Civilian Police

Identify the two types of situations in which the U.S. provides police assistance.

Civilian Police

Transitional Situations: giving aid and support to country’s police while it transitions from an undemocratic political system to democratic system based on the rule of law.

Failed-State Situations (or “complex humanitarian emergencies”): these situations have five basic earmarks:

– (1) civil conflict stemming from ethnic, tribal, or religious animosity; – (2) national government incapable of delivering public services; – (3) mass displacement of population; – (4) economic system suffers massive dislocation; and – (5) food security in shambles. In short, the country lacks a safe

and secure environment, creating serious obstacle to democratic reforms—reform requires first a stable government and society.

Civilian Police

What are the different roles foreign police forces can assume?

Civilian Police

Assistance: advising, training, and mentoring (Somalia)

Operational: providing actual police services (Haiti)

Civilian Police

What is the ultimate goal in complex humanitarian emergency?

Civilian Police

Once peace is achieved and conditions are stable, the goal is to move to a transitional situation.

Civilian Police

The military often drives the major intervention at the outset (e.g., the U.S. military intervenes to stop a civil war). How does the military complicate the creation of a long-term civil police force in post-conflict society?

Civilian Police

The military generally views civilian policing as an exit strategy, and therefore tries to accelerate the operation of a civil police force.

The military does not “do” civilian policing, or at least it tries to avoid it.

The military once filled the gap before civilian police can take up the mantle.

Today foreign police forces are called upon to fill the gap.

Civilian Police

Discuss the problems created by the U.S. deploying police officers abroad?

Civilian Police

Local police departments loan out officers for deployment.

Problem: reduces the number of police on the street in the U.S. The loaned out police then need training suitable for the place of their deployment. This takes an enormous amount of time.

Civilian Police

Should the U.S. have a standing police force ready for deployment internationally?

Civilian Police

Ideally, yes; but not practical. The equivalent is the military. Its members

are constantly training and preparing for a mission. They are always at the ready. We commit enormous resources to make this possible. Can we really do this with a police force?