Collapse and reconstruction of a judicial system: The United Nations Missions in Kosovo and East Timor

Abstract

Within the span of only a few months in 1999, the United Nations was faced with one of the greatest challenges in its recent history: to serve as an interim government in Kosovoand East Timor. One of the mandates of the UN in these war torn countries is the restoration of the judicial systems. Nevertheless, taking on the administration of justice in Kosovo and East Timor was nosimple task, even if based on a comprehensive mandate. How can a justice system be administeredwhen there is no system left to be administered; when the personnel needed tocarry out judicial tasks have departed or are tainted by their perceived affiliation with theprevious regime; when the courthouses and related facilities have been destroyed, looted,or even mined; and when the laws to be applied are politically charged and no longeracceptable to the population and the new political classes?