(e) Post conflict reconstruction and the rule of law

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Most post conflict situations have what one might call a rule of law vacuum.

Recent developments, including conflict and terrorism, have tended to erode the rule of law.

Wherever the rule of law is replaced by conflict, then everyone suffers, but women suffer disproportionately.

We therefore welcome the Secretary General's proposal to create a dedicated Rule of Law Assistance Unit in the proposed Peacebuilding Support Office to assist national efforts to re establish the rule of law in conflict and post conflict societies.

Report of the Secretary General on the rule of law and development strengthening the rule of law and the reform of criminal justice institutions, including in post conflict reconstruction

It also helped in the creation of seven draft rule of law policy tools for post conflict States.

The Cold War, the third major conflict of the twentieth century, is no exception to this rule.

That report highlighted key issues and lessons learned from the Organization's experiences in the promotion of justice and the rule of law in conflict and post conflict societies.

UNDP and academic institutions in Darfur contribute to the reconciliation programme through a rule of law seminar series fostering dialogue on the rule of law and peaceful conflict resolution.

In the early post conflict phase, funding for national institution building, including rule of law programmes, is often inadequate.

This Unit would draw heavily on existing resources within the system and would assist national efforts to re establish the rule of law in conflict and post conflict societies.

Among those debates cited as particularly productive were those on the protection of civilians in armed conflict, on the rule of law and transitional justice, and on conflict prevention in Africa.

As highlighted in the report of the Secretary General to the Security Council on the rule of law and transitional justice in conflict and post conflict societies (S 2004 616, para.

Reforming the rule of law and re establishing criminal justice systems have become even more essential to post conflict societies.

Several United Nations agencies reviewed issues relating to democracy, the rule of law, cooperation with the judiciary, conflict and post conflict situations and human rights support to countries in transition.

Moreover, he elaborated on the linkages between corruption and conflict, stressing the importance of adopting specific anti corruption measures as part of overall efforts to re establish the rule of law in post conflict reconstruction.

That will help contribute to our common objective of ending impunity and establishing the rule of law in post conflict or crisis situations.

The instruments of peacebuilding and the emphasis on rule of law and human rights can also be directly relevant to pre conflict situations.

On 6 October 2004, the Security Council held an open meeting to discuss my report on the rule of law and transitional justice in conflict and post conflict societies (S 2004 616).

It is becoming increasingly accepted that a breakdown in rule of law and increasing violations of human rights are reliable indicators of impending conflict.

The UN must significantly improve its procedures and mechanisms for supporting the rule of law and transitional justice in post conflict situations.

Years of conflict and mistrust have given way to constructive cooperation, and democratic elections have become the rule rather than the exception.

The promotion of justice and the rule of law in post conflict countries contribute to peaceful settlement of disputes, national reconciliation and consolidation of peace.

In this connection it wishes to reiterate the plea made by the Secretary General in his report of 23 August 2004 on the rule of law and transitional justice in conflict and post conflict societies

In Egypt, Hosni Mubarak s rule helped to moderate the Israeli Palestinian conflict and balanced Iranian power in the region.

Weak social protection, exacerbated by long term civil conflict and the breakdown of the rule of law, magnifies the vulnerability and insecurity of poor people.

The Special Committee takes note with interest of the report of the Secretary General on the rule of law and transitional justice in conflict and post conflict societies (S 2004 616) and the conclusions and recommendations therein.

But throughout history there have been periods of conflict where the King asserted the divine right of Kings to rule, and Parliament resisted and so during the Civil War conflict, this was resolved in favour of Parliament.

In the area of post conflict reconstruction, UNODC participates in the rule of law focal points of the Department of Peacekeeping Operations of the Secretariat and assists in assessing post conflict situations and in identifying personnel for peacekeeping missions.

It is therefore important that we examine how best we can promote peace and the sustained rule of law in post conflict societies.

United Nations peace support activities are aimed at promoting a peaceful environment and the rule of law to help prevent relapses into conflict.

Our first and most important rule is that the mere outbreak of armed conflict (whether declared war or not) does not ipso facto terminate or suspend treaties in force between parties to the conflict.

(jk) Interim measures under rule 92 (old rule 86) of the Committee's rule of procedure

The Office is also part of the United Nations Rule of Law Focal Points Network, which coordinates communication and activities of 11 departments and agencies involved in judicial, corrections and other rule of law initiatives in peacekeeping and post conflict situations.

In light of the effects of cluster munitions both during and after conflict, the rule on feasible precautions is particularly important when using these weapons.

Societies emerging from conflict have special needs in addressing the legacy of human rights violations and moving towards democratic governance under the rule of law.

This rule requires, in particular, that the parties to a conflict minimize the dangers to civilians arising from military operations.

Ms. Sofia Macher spoke on the interdependence between democracy and human rights, with a focus on the rule of law, in post conflict situations.

This is not only a classic example of neo colonialism, but it is dangerous and leads to uncertainty, ineffective rule and entrenched conflict potential.

Our work on transitional justice is being developed in the context of the Secretary General's first report to the Security Council on the rule of law and transitional justice in conflict and post conflict societies (S 2004 616).

Programmes to support the rule of law cover a broad range of United Nations activities, in both post conflict environments and development work (ibid., para. 134).

It has been deemed preferable to have the rule depend upon and be linked with the case of a conflict between the two categories of obligations.

The representative of the Department of Peacekeeping Operations introduced the question of United Nations peacekeeping operations during conflict and post conflict situations, focusing on the importance of strengthening local police, the judiciary and the rule of law during the time of transition.