By Cornelius Friesendorf

For post-conflict stabilisation and peacebuilding efforts to have a chance of success, security gaps need to be closed. Domestic law enforcement agencies tend to be too weak or unreliable after war to enforce the law and fight serious crime. As a consequence, operations against organised crime, the arrest of suspected war criminals and the protection of minorities depend on international intervention forces. Much attention has been paid to domestic police reform and the problems of deploying international civilian police. This book examines the under-explored role of international military missions in post-conflict law enforcement, with a focus on serious crime. The military is under pressure to fill security gaps. Yet military involvement in crime-fighting is problematic practically (soldiers are generally not trained and equipped for it), politically (crime-fighting is seen as military mission creep) and normatively (it undermines the delineation of military and policing functions). Military support of law enforcement poses a major dilemma in peace operations. Decision-makers continue to struggle with this dilemma in an ad-hoc fashion, while scholars have so far provided few empirical accounts. This book focuses on post-war Bosnia-Herzegovina (BiH) and Kosovo. It argues that the pros of military involvement in law enforcement outweigh the cons, given the continuing lack of strong police forces, the criminalised nature of contemporary wars and the negative influence of spoilers onstabilisation and peacebuilding efforts. Military support of the fight against serious crime is not sufficient for these efforts to succeed, but it is necessary. This book has three objectives. It describes the role of NATO and EU military missions in law enforcement in BiH and Kosovo from the 1990s through early 2009, thus filling an empirical knowledge gap. By formulating a strategy for military involvement in law enforcement, the book also makes a normative contribution to the debate on peace operations. Drawing on, among other sources, interviews in these two ‘international protectorates’, the book shows that military support of the fight against serious crime has lacked effectiveness, efficiency and legitimacy, examples of success notwithstanding. Third, the book adds conceptual value to the debate on peace operations, by drawing on security governance, Security Sector Reform and Security Sector Governance. These concepts help to understand the military role in post-conflict law enforcement and to guide improved efforts.

Geneva: Geneva Centre for the Democratic Control of Armed Forces (DCAF) , 2010. 207p.