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UN rule of law engagement in post conflict states –
where now?
A discussion with David Marshall
Promoting the rule of law at the national and international levels
is at the heart of the United Nations’ mission. It is also a
principle that is embedded throughout the Charter of the United
Nations and most constitutions of national states. But there is
much friction among Member States as to the definition of the rule
of law, with assertions of hidden agendas. In addition, there is
mounting skepticism among donors and international organizations
regarding rule of law promotion. There is scant evidence of
success, partly due to a failure to prioritize, identify relevant
skills and expertise. But it's more than this - there has been no
discussion re the end-game - what is the primary purpose of
international rule of law work and what are realistic deliverables
in post-conflict states?
David Marshall, 02' LL.M, is on a UN sabbatical at
Harvard Law School examining the UN's role in criminal justice
reform efforts in post-conflict states. He recently returned from
South Sudan where he was acting director of the Rule of Law and
Security Institutions Support Office in the UN Mission in South
Sudan. He has extensive policy and operational experience with the
United Nations, co-managing the largest rule of law initiative in
the UN, the creation of the UN Rule of Law Indicators.
He also developed a series of UN rule of law policy tools for
post-conflict states, focusing on national prosecutions of mass
crimes and best practices relating to truth commissions and
vetting. In addition to South Sudan, Mr. Marshall has been the
legal advisor to the Office of the High Commissioner for Human
Rights (OHCHR) in Nepal, acting legal advisor to the OHCHR Special
Envoy on Darfur and Senior Human Rights Advisor to the UN
leadership in Kosovo.
Prior to joining the UN, Mr. Marshall was a criminal law litigator
in the UK and the US. He is a member of the Bar of England and
Wales, the New York Bar and the U.S Supreme Court bar. His pro bono
work includes acting as legal consultant to Amnesty International
on US criminal justice issues, including the death penalty.
Light refreshments will be
provided.