UN Peace Operations and Conflicting Legitimacies

ABSTRACT

Analyses of United Nations (UN) peacekeeping increasingly consider legitimacy a key factor for success, conceiving of it as a resource that operations should seek and use in the pursuit of their goals. However, these analyses rarely break down legitimacy by source. Because the UN is an organization with multiple identities and duties however, different legitimacy sources – in particular output and procedural legitimacy – and the UN’s corresponding legitimation practices come into conflict in the context of peacekeeping. Drawing on a range of examples and the specific case of the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC), this article argues that looking at different legitimacy sources and linking them to the institutional identity of the UN is thus critical, and it shows how the UN’s contradictory legitimation practices can reduce overall legitimacy perceptions.     

An Empirical Approach to Post-conflict Legitimacy: Victims' Needs and the Everyday

Abstract

An empirical study has been made of victims of conflict in Timor-Leste and Nepal seeking a qualitative understanding of local post-conflict priorities. It allows an appreciation to emerge of how the conflict-affected conceive of legitimacy and quality of governance, with victims emphasizing basic needs, an addressing of issues of marginalization and the incorporation of indigenous understandings of the meaning of peace. The data in this study motivate a victim-centred discussion of both the limitations of liberal approaches to peace and the implications for the legitimacy of post-conflict governance of prioritizing the everyday needs of the conflict-affected, in contrast to universal and institutionally rooted liberal values.     

The Legitimacy Audience Shapes the Coalition: Lessons from Afghanistan, 2001

ABSTRACT

Legitimacy considerations profoundly affect coalition-building strategies for contemporary military interventions. However, the nature of this impact depends on which of three distinct legitimacy audiences intervening governments are most concerned about: their domestic publics, the international community or the host-country population. Intervening actors typically value all three audiences, but may be more confident of some audiences’ approval than of others’. Moreover, these audiences may raise divergent demands regarding coalition design, each entailing distinctive strategic, operational and/or political costs. Intervening actors therefore make strategic choices about how to adjust their coalition, including which legitimacy audience to prioritize. Juxtaposing the two Western-led coalitions deployed to Afghanistan in 2001 highlights how profoundly such choices affect coalition design – and what unintended longer-term consequences they can have.     

Military Integration,Demobilization, and the Recurrence of Civil War

ABSTRACT

Peace agreements often include provisions for the military integration of the conflict parties, involving an increase in government forces, and at the same time requesting demobilization and thus a reduction of military personnel. Depending on the modalities and magnitude both can be strong signals of a commitment to the peace process. However, tensions between these two concepts can also endanger post-conflict stability. The empirical analyses of 77 post-conflict societies show that civil war is more likely to recur if rebel forces are kept separate during the military integration process and if the military plays an important role in post-conflict economies.     

Theorizing Postcolonial Deliberation and Deliberative Peacebuilding

Given a legitimation problem of vertical (state vs society) and horizontal (modernity vs tradition) inequalities and differences as a historical and cultural cause of conflict, deliberation is instrumental in addressing this legitimation problem and transforming conflict into peace in the postcolonial, post-conflict context. Although deliberation has gained academic attention as a means of addressing the legitimation crisis in Western liberal democracies, its application to contemporary peacebuilding remains under-researched. This article thus aims to theorize postcolonial deliberation and deliberative peacebuilding, highlighting postcolonial history and culture and the critical role that agencies have played in deliberation to re-legitimize the non-Western polity and transform conflict into peace. It then deduces a hypothetical mechanism of the different paths to peace either with or without the external intervention that signifies how agencies deliberate.     

The Local Legitimacy of Peacekeepers

ABSTRACT

Recent scholarship and policy doctrine alike have identified local legitimacy as an important ‘success factor’ in peacekeeping – but like many such calls for greater attention to local dynamics, it is often unclear what local legitimacy actually means, how to analyse it, what causal processes are at work, and what might obstruct the operationalization of well-intentioned policy recommendations for peacekeepers to seek local legitimacy. This article aims to bring clarity to the complex concept of local legitimacy, including the ways in which insights drawn from legitimacy theory developed in very different social contexts can be adapted to the realities of the conflict societies into which peacekeepers deploy. First, it examines what it means to locate the legitimacy of peace operations at the local level, rather than the international. Second, it clarifies the causal links between peacekeepers’ legitimacy and their effectiveness, reviewing scholarship on local legitimacy and its adaptation of broader legitimacy theory. Third, it identifies three important reasons that locally legitimizing peacekeepers is so difficult in practice, distinguishing between the difficulties derived from the particular features of conflict societies and those derived from the institutional characteristics of peace operations.     

International Constructions of National Memories: The Aims and Effects of Foreign Donors' Support for Genocide Remembrance in Rwanda

Abstract

Commemoration of the victims of conflict is a characteristic national act of post-conflict statebuilding in which the significance and ownership of memorials is typically contested. In the case of post-genocide Rwanda, such contestation is overlain with international agendas and influences. Certain international donors supported memorialization as part of programmes to aid societal reconstruction and reconciliation and to prevent conflict. Studies of international contributions to genocide memorials, especially the Kigali Genocide Memorial Centre, reveal tensions in this agenda, which seeks to construct both national identity and an imagined ‘international community’ and serves to extend the remit of international actors.     

Legitimacy beyond the state: institutional purposes and contextual constraints

ABSTRACT

The essays collected in this special issue explore what legitimacy means for actors and institutions that do not function like traditional states but nevertheless wield significant power in the global realm. They are connected by the idea that the specific purposes of non-state actors and the contexts in which they operate shape what it means for them to be legitimate and so shape the standards of justification that they have to meet. In this introduction, we develop this guiding methodology further and show how the special issue’s individual contributions apply it to their cases. In the first section, we provide a sketch of our purpose-dependent theory of legitimacy beyond the state. We then highlight two features of the institutional context beyond the state that set it apart from the domestic case: problems of feasibility and the structure of international law.     

Practicing Normality: An Examination of Unrecognizable Transitional Justice Mechanisms in Post-Conflict Sierra Leone

ABSTRACT

Transitional justice and peacebuilding mechanisms have a tendency to reflect the extraordinary nature of conflict. These recognizable mechanisms—official bodies and institutions with preconceived goals and processes—are often inaccessible and undesired. In fact, what is often desired in post-conflict societies is the ordinary: a transition to a ‘new normal’. This article explores the various ways in which Sierra Leoneans practice normality in the post-conflict era. This is done through economic restoration, agricultural activities and religious engagement. Ultimately, these mechanisms are often seen as a more legitimate and meaningful way for many ordinary Sierra Leoneans to move past their war-related experiences and find some sense of peace and justice.     

The quest for regional legitimation: Analyzing the Arab League’s legitimizing role in the Arab spring

The topic of international legitimacy has returned to centre stage during the Arab Spring, in which the Arab League has apparently assumed a prominent legitimation role. Although some scholarship has studied how international organizations are decisive in legitimizing actors and their actions during conflicts, relatively scant attention has been focused at constructing a comprehensive analytical framework for this kind of assessment that could be also applied to regional organizations (ROs). This paper proposes that when actors are involved in battles over international legitimation, analysing their access to the socially identified brokers of three legitimation functions (appropriateness, consensus, and empathy) is key to assess their success. Particularly, we argue that relevant identity-based ROs may have a crucial legitimizing role by operating as brokers of regional consensus. For this purpose, two case studies – Bahrain and Libya – illustrate how the Arab League’s brokerage influenced the legitimation of the actors involved and their outcomes. The findings suggest novel implications about the decisive legitimizing impact of regionalism on conflict resolution.     

Peace and Justice through a Feminist Lens: Gender Justice and the Women’s Court for the Former Yugoslavia

ABSTRACT

Post-conflict interventions to ‘deal with’ violent pasts have moved from exception to global norm. Early efforts to achieve peace and justice were critiqued as ‘gender-blind’—for failing to address sexual and gender-based violence, and neglecting the gender-specific interests and needs of women in transitional settings. The advent of UN Security Council resolutions on ‘Women, Peace and Security’ provided a key policy framework for integrating both women and gender issues into transitional justice processes and mechanisms. Despite this, gender justice and equality in (post-)conflict settings remain largely unachieved. This article explores efforts to attain gender-just peace in post-conflict Bosnia and Herzegovina (BiH). It critically examines the significance of a recent ‘bottom-up’ truth-telling project—the Women’s Court for the former Yugoslavia—as a locally engaged approach to achieving justice and redress for women impacted by armed conflict. Drawing on participant observation, documentary analysis, and interviews with women activists, the article evaluates the successes and shortcomings of responding to gendered forms of wartime violence through truth-telling. Extending Nancy Fraser’s tripartite model of justice to peacebuilding contexts, the article advances notions of recognition, redistribution and representation as crucial components of gender-just peace. It argues that recognizing women as victims and survivors of conflict, achieving a gender-equitable distribution of material and symbolic resources, and enabling women to participate as agents of transitional justice processes are all essential for transforming the structural inequalities that enable gender violence and discrimination to materialize before, during, and after conflict.     

Legitimacy Deficit: Chinese Leadership at the United Nations

This paper examines the likelihood of China’s legitimation as the global hegemon during an era of relative U.S. decline. Using Rapkin’s (1990) legitimacy deficit framework, the author tests China’s prospects for international legitimacy through the analysis of Chinese leadership at the United Nations (UN). While China’s recent exponential increase in contributions to UN peacekeeping and the UN regular budget signal growing Chinese global leadership, their consistent focus on regional interests, as displayed in UN Security Council and UN General Assembly debate and discussion, indicates the absence of an internationally supported agenda. In concluding, this paper asserts that recent Chinese legitimation efforts through UN leadership have been stonewalled by an inability to provide an international agenda with globally held values and beliefs.     

Reconstructing Heritage in the Aftermath of Civil War: Re-Visioning the Nation and the Implications of International Involvement

Abstract

Culture is an indispensable asset in post-conflict recovery processes; however, it can also be used as a means of continuing violence on a symbolic and ideological level, particularly in the case of civil wars. In a reconstruction paradigm this violence often takes the form of struggles over history, memory, heritage, and identity. Despite the context-specific differences of conflicts, their aftermaths do retain some common elements—such as an emphasis on re-envisioning history and re-defining national identity. This article examines three issues: the intentionality guiding choices about what to rebuild, the symbolic landscape that emerges as a result, and the ethical issues that arise from third party intervention in the reconstruction of cultural heritage. The rhetoric that surrounds reconstruction projects differs widely from the reality on the ground and I will argue that it is important to understand this in order to assess the impact that reconstruction can have on attempts at reconciliation, identity and state-building. This article also examines some of the ethical issues involved in the post-conflict reconstruction of cultural heritage including the role of international values associated to ‘heritage of mankind’ and their possible conflict with local valuations of cultural heritage. This area of study is becoming increasingly urgent. International organizations have escalated their involvement in post-conflict reconstruction work and in these interventions they impress their particular code of values on fragile societies often without a full appreciation of the possible long-term consequences of their actions.     

Legitimacy and institutional purpose

ABSTRACT

Institutions undertake a huge variety of constitutive purposes. One of the roles of legitimacy is to protect and promote an institution’s pursuit of its purpose; state legitimacy is generally understood as the right to rule, for example. When considering legitimacy beyond the state, we have to take account of how differences in purposes change legitimacy. I focus in particular on how differences in purpose matter for the stringency of the standards that an institution must meet in order to be legitimate. An important characteristic of an institution’s purpose is its deontic status, i.e. whether it is morally impermissible, merely permissible, or mandatory. Although this matters, it does so in some non-obvious ways; the mere fact of a morally impermissible purpose is not necessarily delegitimating, for example. I also consider the problem of conflicting, multiple, and contested institutional purposes, and the different theoretical roles for institutional purpose. Understanding how differences in purpose matter for an institution’s legitimacy is one part of the broader project of theorizing institutional legitimacy in the many contexts beyond the traditional context of the state.     

Why the democratic nation-state is still legitimate: A study of media discourses

Focusing on media discourses, this article maps the communicative reproduction of legitimacy in Great Britain, the United States, Germany and Switzerland. It argues that political communication constitutes a distinctive dimension of legitimation that should be studied alongside public opinion and political behaviour. Research on legitimation discourses can help us understand why the legitimacy of established democracies remains stable in spite of the challenges of globalisation: Delegitimating communication tends to focus on relatively marginal political institutions, while the core regime principles of the democratic nation-state, which are deeply entrenched in the political cultures of Western countries, serve as anchors of legitimacy. These democratic principles also shape the normative benchmarks used to evaluate legitimacy, thus preventing a 'de-democratisation' of legitimation discourses. Finally, the short-lived nature of media interest as well as ritualistic legitimation practices shield the democratic nation-state from many potentially serious threats to its legitimacy.     

The New China: Dynamism and vulnerability

Abstract

From 1998 to 2003, the Solomon Islands found itself in the grip of ‘the Tensions’, a violent civil conflict that left some 200 people dead, more than 20,000 displaced, and countless others subjected to torture, rape, fear and intimidation. In the aftermath of the conflict, two dominant approaches to post-conflict justice emerged. The first, implemented by the Regional Assistance Mission to the Solomon Islands (RAMSI), favoured a ‘rule of law’ approach according to which large numbers of militants on both sides were arrested and processed through the criminal justice system resulting, in many cases, in the imposition of lengthy period of imprisonment. The second, ‘reconciliation’ approach, favoured local, grassroots, traditional and indigenous justice processes and were routinely implements by community groups, women's organisations and the churches. This article demonstrates that in the absence of a formally planned transitional justice process, these two approaches to post-conflict justice have come into serious tension with proponents of each accusing the other of hampering their justice efforts. It examines those tensions and analyses the extent to which the Solomon Islands’ Truth and Reconciliation Commission, designed in part to provide a bridge between the rule of law and reconciliation approaches, has been able to quell this new set of tensions.     

A Resilience Approach to Transitional Justice?

ABSTRACT

Transitional justice, which is typically part of a liberal peacebuilding strategy, often seems distant, ineffective or even counter-productive. The concept of resilience, to which transitional justice discourses and scholarship have remained relatively indifferent, appears useful to explore justice initiatives in conflict or post-conflict situations. This article argues that much can be gained from better understanding the relevance of – and significant risks associated with – resilience thinking in this context. Through a critical approach to resilience, and embedded within a legal-pluralist framework, it examines some of the ways of dealing with political violence, with a particular focus on the Central African Republic.     

Responsible, Representative and Accountable Government

As an evaluation of the health of Australia's political system, this article offers a perspective different from the lament over the loss of responsible government. It finds that responsible government is not compatible with representative democracy. Peculiar to Australia is conflict between 'responsible party government' and 'responsible parliamentary government'. Nevertheless, the system is healthy. A parliament-as-a-whole approach identifies key holistic functions of manifest and latent legitimation and accountability that bolster legitimacy. Political accountability is enhanced by the watchdog role of the media. Public accountability is enriched by the links between citizens and administrative review. Critical changes include the guarantee of senate independence and the removal of senate power over supply. These changes would confine the theory and practice of responsible government to the House of Representatives, promote accountability, and thus increase the legitimacy of Australian parliamentary democracy.     

‘Bumps in the Road Ahead’: How External Actors Defuse Power-Sharing Crises

ABSTRACT

Power-sharing is a governance approach favoured by external actors for building state capacity and legitimacy in post-conflict societies. Yet it can be unstable and crisis-prone, compelling external actors to guide cross-community cooperation. Why and how do external actors seek to maintain power-sharing and prevent its collapse when operational difficulties emerge? We explore the distinction between ‘light touch’ and ‘heavy hand’ techniques and the motivations of external actors in defusing power-sharing crises. We find a trade-off between the short-term value of crisis management (‘putting out fires’) and the long-term objectives of sustainable local arrangements and external exit (local actors ‘going it alone’).     

The United Nations Assistance Mission in Afghanistan: Impartiality in New UN Peace Operations

Abstract

Set within the complex contemporary context of international interventions, UN peacekeeping operations have now evolved into peace operations. The emergence of the concepts of human security and the responsibility to protect have raised expectations that UN peace operations should deal with both macro and micro level insecurity in conflict and post-conflict situations, especially in the case of failed or collapsed states. Reflecting this development, the question of an appropriate framework in which to conceptualize peace operations has also been debated. This essay considers a conceptualization of UN peace operations from a conflict resolution perspective and analyses the case of the UN Assistance Mission in Afghanistan (UNAMA), using a framework of conflict transformation. It argues that the impartiality of UN operations has been reconceived in terms of the values of ‘human security’ and the ‘responsibility to protect’, making it vital to explicitly articulate the meaning and implications of ‘value-based’ impartiality.