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Detainees shall be kept in humane facilities, designed to preserve health, and shall be
provided with adequate water, food, shelter, clothing, medical services, exercise, and
items of personal hygiene.
Every detainee has the right to appear before a judicial authority and to have the
legality of his or her detention reviewed.”
Source: “Guiding Principles for Stabilization and Reconstruction,” United States Institute of
Peace (USIP) and PKSOI, October 2009, pp. 7-79 and 7-80.
Interim Adjudication
“An interim judiciary should not be an afterthought. In the aftermath of violent conflict
when local institutions are still being built or transformed, an interim judiciary may be
necessary to handle urgent cases of impunity and political violence and resolve disputes
that arise over housing, land, and property. Work must also begin to assess which host
nation institutions or actors in the judiciary can perform judicial functions. A weak or
politicized judiciary, a prevalent phenomenon in societies recovering from violent conflict,
can lead to corruption, extrajudicial murders, and arbitrary or politicized sentencing.
…Before a formal justice system is functioning or strengthened, it may be necessary to
rely on informal mechanisms for resolving disputes. These could include independent
bodies like complaint commissions or an ombudsmen office or even an informal, non-state
justice system.”
Source: “Guiding Principles for Stabilization and Reconstruction,” United States Institute of
Peace (USIP) and PKSOI, October 2009, pp. 7-77 and 7-78.
Policing
“Policing needs on stability operations will vary. Universal ‘lessons,’ or more dangerously,
‘templates,’ must be applied with caution. Nevertheless, the experience of numerous police
missions has demonstrated a need for both paramilitary police units to work with military
forces to establish law and order as well as police advisors and trainers who can build local
community-based police to sustain a durable peace.”
Source: “Police Primacy: The Challenges of Developing Host Nation Police Capacity on Stability
Operations,” by James Wither and Thilo Schroeter, George C. Marshall Center, p. 17.
Local Policing Actors
“While customary policing has its limitations, …findings suggest there are good reasons
for external actors to practically engage with local policing services, rather than presuming
the state is the only possible source of adequate policing. Local policing providers in
Somaliland, Uganda, northern Mali and DRC have been able to provide crucial services to
local people, in a manner that reflects local priorities and customs, enhances safety and
welfare, builds trust and empowers. …
With whom should external actors engage regarding local policing actors? There are no
perfect partners; no groups that meet all human rights requirements, respect due process
and provide full accountability structures. However, there are groups that have local
support, that are not willfully abusive and that are open to listening to proposals for change.”
Source: “Policing for Conflict Zones: What Have Local Policing Groups Taught Us?” by Bruce Baker,
Stability: International Journal of Security & Development, 6(1): 9, p. 13.
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