You searched for: Content Type Working Paper Remove constraint Content Type: Working Paper Publishing Institution United States Institute of Peace Remove constraint Publishing Institution: United States Institute of Peace Political Geography United States Remove constraint Political Geography: United States Publication Year within 5 Years Remove constraint Publication Year: within 5 Years Topic Security Remove constraint Topic: Security
- Author: Bruce "Ossie" Oswald
- Publication Date: 07-2014
- Content Type: Working Paper
- Institution: United States Institute of Peace
- Abstract: Between 1981 and 2007, governments in eighty-eight countries established or supported more than three hundred armed militias to provide security to local communities. Such militias often directly engage in armed conflict and law-and-order activities. A number of state-supported civil defense groups make local communities less secure by refusing to respond to state direction, setting up security apparatuses in competition with state authorities, committing human rights violations, and engaging in criminal behavior. The doctrine of state responsibility and the application of international humanitarian law, international human rights law, and international criminal law obligate the state or states that establish or support civil defense groups to investigate, prosecute, punish, and provide reparations or compensate victims. In many cases, the domestic laws of states are ineffective at holding members of govern¬ments or civil defense groups accountable. Local law enforcement authorities also often fail to investigate or prosecute members of civil defense groups. At present there is no specific international legal instrument to guide the responsible management of relationships between states and civil defense groups. Thus, the international community should develop a legal instrument that specifies the rules and principles that apply to states and civil defense groups and that includes a due diligence framework that focuses on accountability and governance of both states and civil defense groups. Such a framework would enhance the protection and security of communities by setting accountability and governance standards, assisting in security sector reform by establishing benchmarks and evaluation processes, and contributing to the reinforcement of legal rules and principles that apply in armed conflicts. For fragile states or those in a post conflict phase of development, the better management of such forces is likely to build state legitimacy as a provider of security to vulnerable communities.
- Topic: Conflict Resolution, Security, Defense Policy, Reform
- Political Geography: United States