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American Political Science Review (2021) 115, 1, 51–68

doi:10.1017/S0003055420000738 © The Author(s), 2020. Published by Cambridge University Press on behalf of the American Political
Science Association.
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UN Peacekeeping and the Rule of Law


ROBERT A. BLAIR Brown University

T
he UN is intimately involved in efforts to restore the rule of law in conflict and postconflict settings.
Yet despite the importance of the rule of law for peace, good governance, and economic growth,
evidence on the impact of these efforts is scant. I develop a theory to explain when UN rule-of-law
reform is likely to succeed, then test the theory using original datasets capturing the number of civilian
personnel deployed to each UN mission in Africa, the number of personnel assigned specifically to rule-of-
law-related tasks, and the extent and nature of actual rule-of-law-related activities in the field. The
correlation between UN presence and the rule of law is weak while conflict is ongoing, but robustly
positive during periods of peace. The relationship is stronger for civilian than uniformed personnel, and is
strongest when UN missions engage host states in the process of reform.

W
hat is the impact of international interven- Most research continues to focus on the effects of inter-
tion on the rule of law in conflict and post- national intervention on violence against civilians and
conflict settings? The rule of law is widely civil war recurrence (Doyle and Sambanis 2006; Fortna
considered a necessary condition for peace, good govern- 2008a; Gilligan and Sergenti 2008; Hultman, Kathman,
ance, and economic growth, especially in countries and Shannon 2013; 2014).2 To my knowledge, only one
recovering from civil war (Rajagopal 2008, 1348). Where other study has tested the relationship between UN
the rule of law is strong, disputes can be resolved through presence and the rule of law cross-nationally, but even
transparent, publicly promulgated laws enforced by fair the authors characterize their results as “preliminary”
and accountable security and justice institutions—police (Haggard and Tiede 2014, 413–14). Another study tests
forces, courts, prisons—rather than vigilantism or vio- the relationship sub-nationally in Liberia, but these find-
lence. Perhaps no international organization has ings may not generalize to national-level reform pro-
embraced these principles more enthusiastically than cesses (Blair 2019). The rule of law has been described
the United Nations (UN). Rule-of-law promotion is as one of the “few but fortunate concepts that has
now considered a “core peacekeeping task” (Carlson universal support” (Sitaraman 2012, 183), even the
2006, 2) and an “integral part of the UN’s approach to “nearest we are likely to approach to a universal secular
peace and security” (Sannerholm et al. 2012, 14). A rule- religion” (Bingham 2011, 174). Yet we know surprisingly
of-law imperative is explicit in numerous UN resolutions little about how to establish it, especially in the world’s
and reports and in the mandates of nearly every UN weakest and most war-torn states—arguably the settings
peacekeeping operation on the ground today.1 in which it is most urgently needed.
Yet despite “exploding practical interest,” evidence on In this paper I develop and test a theory to explain the
the efficacy of third-party rule-of-law promotion remains conditions under which UN missions are likely to suc-
“surprisingly limited” (Haggard and Tiede 2014, 406). ceed in restoring the rule of law after conflict. My theory
departs from existing quantitative studies, most of which
conceptualize UN intervention as a mechanism for
mitigating commitment problems and information
Robert A. Blair , Assistant Professor, Department of Political
Science and Watson Institute for International and Public Affairs,
asymmetries between armed actors, typically through
Brown University, robert_blair@brown.edu. the interposition of UN troops and military observers
This research was supported by the Folke Bernadotte Academy. (Doyle and Sambanis 2006; Hultman, Kathman, and
For valuable comments I thank Kyle Beardsley, Jeff Colgan, Lise Shannon 2014; Ruggeri, Dorussen, and Gizelis 2017). I
Morjé Howard, Aila Matanock, participants at the joint Folke Ber- draw instead on constructivist accounts emphasizing the
nadotte Academy and UNIGE conference State of the Art? The UN’s power to shape laws, institutions, and behaviors
Future of Peacekeeping Data, and three anonymous reviewers. I also
thank Hannah Smidt, my collaborator on the Peacekeeping Activ-
without the use or threat of physical force, often through
ities Dataset (PACT). Samuel Berube, Victor Brechenmacher, Erin the efforts of civilian rather than uniformed personnel
Brennan-Burke, Alexa Clark, Paul Cumberland, Rachel Danner, (Barnett and Finnemore 1999; Finnemore and Sikkink
Mara Dolan, Dylan Elliott-Hart, Lucas Fried, Ugochi Ihenatu, Julia 1998; Howard 2019; Whalan 2014). These accounts have
Kirschenbaum, Ian Lefond, Divya Mehta, Ruth Miller, Remington been highly influential in qualitative peacekeeping
Pontes, Lucy Walke, and Yijie Zhu provided excellent research research, but have been all but lost in the quantitative
assistance. Replication files are available at the American Political
literature.
Science Review Dataverse: https://doi.org/10.7910/DVN/NRRVJ3.
Received: July 11, 2019; revised: June 24, 2020; accepted: July 14,
2020.
2
Studies of the UN’s impact on outcomes other than violence
1
While many of the activities I describe in this paper could be generally focus on democracy, with mixed results (Doyle and Sam-
conceptualized as “peacebuilding” (Call 2007), I use the term “peace- banis 2006; Fortna 2008b; Steinert and Grimm 2015). Democracy and
keeping” to distinguish UN missions from the many other domestic the rule of law are empirically related but conceptually distinct,
and international institutions that participate in the broader peace- requiring different reforms targeting different actors and institutions
building process. (Rajagopal 2008).

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Robert A. Blair

Drawing on constructivist insights, I conceptualize of the academic and policy literature on third-party
third-party rule-of-law promotion as a form of con- rule-of-law promotion. Clunan and Trinkunas (2010,
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tested norm diffusion. I argue that UN missions instill 288), for example, criticize the international commu-
norms that are consistent with the rule of law through a nity’s rule of law agenda as “breathtakingly mechanis-
combination of four mechanisms—education, induce- tic.” Ledwidge (2017, 143, 162) argues that third-party
ment, persuasion, and oversight—targeting four links rule-of-law reform is at best ineffective and at worst
in the “justice chain:” police forces, courts, prisons, and counterproductive. Some of this skepticism is a result of
laws. I then identify three sources of variation in the a lack of research. Kavanagh and Jones (2011, 26)
efficacy of the UN’s efforts, related to the personnel suggest that given the “dearth of knowledge and
deployed to each UN mission, the activities they pursue evidence,” policy makers should lower “rule-of-law
in the field, and the timing of those activities. I test my expectations in highly complex and volatile settings.”
theory by combining existing data on the number of My theory and results suggest that such skepticism may
uniformed personnel deployed to each UN mission in be unwarranted, and that UN intervention can be an
Africa since the end of the Cold War with three original effective mechanism for restoring the rule of law even
datasets capturing the number of civilian personnel in the world’s weakest and most war-ravaged states.
deployed to each UN mission in Africa, the number
of personnel assigned specifically to rule-of-law-related
tasks, and the extent and nature of the UN’s actual rule- THREATS TO THE RULE OF LAW IN
of-law-related activities on the ground. These datasets CONFLICT AND POSTCONFLICT SETTINGS
are gleaned from sources that have never or only rarely
been used for purposes of research. I focus on Africa The UN conceptualizes the rule of law as a set of
because it remains the locus of UN peacekeeping principles according to which both citizens and the state
worldwide. I focus on the period after the Cold War are held accountable to laws that are “publicly prom-
because this is when the UN has been most active in ulgated, equally enforced, and independently adjudi-
pursuing rule-of-law reform. cated” and which are “consistent with international
Consistent with my theory, I find that the rule of law human rights norms and standards.” Establishing the
improves as the number of personnel deployed to a UN rule of law thus requires ensuring “adherence to the
mission increases, but that the magnitude of the correl- principle of supremacy of law, equality before the law,
ation is smaller for uniformed personnel than for civilian accountability to the law, fairness in the application of
personnel or personnel assigned specifically to rule-of- the law, separation of powers, participation in decision
law-related tasks. Among uniformed personnel, the making, legal certainty, avoidance of arbitrariness, and
correlation is smaller for troops than for UN police procedural and legal transparency” (UN Secretary-
officers, who tend to be more intimately involved in General 2008, 1). The UN’s conceptualization of the
rule-of-law promotion; among civilian personnel, the rule of law is grounded in the organization’s charter, as
correlation is smaller for national than for international well as the Universal Declaration of Human Rights and
staff, who tend to be better paid and enjoy higher status other foundational documents developed over the past
within UN missions. I also find that the rule of law century. The UN’s definition also encompasses prom-
improves when UN missions actually pursue rule-of- inent accounts of the rule of law in both legal and
law-related activities in the field, but that the magnitude political theory (Sannerholm et al. 2012). While the
of the correlation is larger when they engage host states UN’s rule-of-law agenda targets both citizens and
in the process of reform, rather than bypassing them states, for simplicity I focus in this paper on states alone.
altogether. Finally, I find that the correlation between For an analysis of the UN’s approach to instilling rule-
UN presence and the rule of law is weak or even of-law principles among citizens, see Blair (2019).
negative during ongoing civil wars, but strongly and Many (though not all) threats to the rule of law can
consistently positive after a peace process has begun. be traced to weaknesses in one of four links in the
These are correlations, not relationships of cause and “justice chain:” police forces, courts, prisons, and laws
effect. Nonetheless, consistent with other recent studies themselves (HIPPO 2015, xi). When police officers
(Doyle and Sambanis 2006; Fortna 2008a; Gilligan and inflict extrajudicial punishments or discriminate against
Stedman 2003), I show that UN missions tend to focus ethnic minorities, they violate the principles of equal
on the “hard” cases, expanding in size as threats to the enforcement, equality before the law, and fairness in
rule of law become more severe and pursuing rule-of- the application of the law. When judges issue rulings
law-related activities at moments when they are least that systematically favor incumbent over opposition
likely to succeed. This suggests that if anything, my parties, they violate the principle of separation of
results are likely to under- rather than overestimate the powers. When prison officials detain suspects indefin-
efficacy of the UN’s efforts. I use fixed effects to itely, or for capricious or political reasons, they violate
eliminate time-invariant confounders and a variety of the principles of avoidance of arbitrariness and proced-
controls to mitigate time-varying confounders. In a ural and legal certainty. And when laws themselves are
placebo test I also show that the relationship between vague, opaque, or contradictory, they violate the prin-
UN intervention and the rule of law is not a byproduct ciples of public promulgation and legal transparency.
of other activities that UN missions pursue in the field. Reforming host state police forces, courts, prisons,
My theoretical framework and empirical results and laws is a necessary (if not sufficient) condition for
stand in contrast to the pessimism that pervades much establishing the rule of law, and the UN’s rule-of-law

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UN Peacekeeping and the Rule of Law

agenda targets all four of these links in the justice chain. do not apply in Liberia (Lubkemann, Isser, and Banks
Police, court, and prison reform involve efforts to alter III 2011, 205). This is a problem of competencies, which
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the attitudes and behaviors of individual police officers, UN missions attempt to solve through training, tech-
judges, prosecutors, wardens, and guards and to nical support, and other forms of education, broadly
restructure the institutions within which those individ- defined.
uals operate. Legal reform involves efforts to pass new Education is one of the UN’s most widely used
laws and amend existing ones in accordance with local mechanisms for socializing state actors to align their
and international standards. These four categories of behavior with rule-of-law (and other) principles
reform are interdependent and mutually reinforcing, (Howard 2019). In the Central African Republic
and UN missions almost always pursue them simultan- (CAR), for example, BINUCA helped the Ministry
eously. Indeed, as we will see, the four categories of of Justice revise the Criminal and Criminal Procedure
reform are so highly correlated that it is impossible to Codes in accordance with international law, then
disentangle their effects empirically. hosted seminars to improve understanding of the
Codes among judges, lawyers, law school professors,
court clerks, police officers, and gendarmes. The mis-
MECHANISMS FOR NEUTRALIZING sion also sought to educate both citizens and state
THREATS TO THE RULE OF LAW actors on their new legal rights and responsibilities by
distributing some 3,000 hard copies of the Codes
Strengthening the justice chain is not merely a technical nationwide (UN Criminal Law and Judicial Advisory
exercise. It is also a deeply political one. Drawing on Service 2013).
the constructivist literature in international relations, I
argue that third-party rule-of-law promotion is best Incentives and Inducement
understood as a form of contested norm diffusion.
The dynamics of norm diffusion have been studied Other state actors have the skills and information
most directly in the context of human rights (e.g., necessary to adhere to rule-of-law principles, but vio-
Greenhill 2015), but they are equally relevant to the late them because they benefit from doing so. In the
rule of law. Like other norms, the rule of law emerges in Democratic Republic of the Congo (DRC), for
a “highly contested normative space” where it com- example, police officers derive much of their income
petes with other norms, rules, habits, and perceptions from institutionalized illicit transfers, including extor-
of interest (Finnemore and Sikkink 1998, 897). I argue tion of civilians. This is a problem of incentives, which
that four features of this normative space are especially UN missions attempt to solve through inducement.
problematic for the rule of law. These relate to state Like other international organizations, UN missions
actors’ competencies, incentives, beliefs, and account- “have the advantage of resources and leverage over
ability. UN missions attempt to overcome these weak or developing states they seek to convert to their
challenges through a combination of education, induce- normative convictions” (Finnemore and Sikkink 1998,
ment, persuasion, and oversight. 900). They use these resources and leverage as mech-
In this section I describe each of these challenges and anisms of inducement.
mechanisms in turn. I offer brief empirical examples of In particular, UN missions are conduits for funding
the mechanisms at work, as well as a more detailed and other forms of material support from the inter-
description of the way they were operationalized in the national community, which are often tied to the imple-
case of Liberia. The mechanisms are not mutually mentation of particular reforms. In Côte d’Ivoire, for
exclusive, and in some cases may be overlapping—for example, UNOCI raised millions of dollars to rehabili-
example, when UN-funded infrastructure simultan- tate the courts and prisons while also creating an office
eously incentivizes and enables civil servants to per- within the Ministry of Justice to vet and monitor judges
form their duties more effectively. I conclude by (UN Department of Peacekeeping Operations 2010,
identifying three sources of variation in the efficacy of 10). In Côte d’Ivoire and elsewhere, state actors who
the UN’s rule-of-law agenda, related to the personnel benefit from the increased capacity that UN missions
deployed to each UN mission, the activities they pursue provide may be willing to undertake other, potentially
on the ground, and the timing of those activities. These more controversial reforms in order to secure add-
three sources of theoretical variation generate five itional material support. Like education, inducement
empirical hypotheses for me to test. can also enable state officials to perform their duties
more effectively (and potentially more consistently
Competencies and Education with rule-of-law principles)—for example by paying
the salaries of civil servants or by providing police
Some state actors violate rule-of-law principles because officers with vehicles and computers.
they do not understand them or lack the skills or
resources to adhere to them. In Liberia, for example, Beliefs and Persuasion
where the legal system incorporates elements of US
common law, inadequately trained judges have often Other state actors violate rule-of-law principles
issued apparently arbitrary rulings because they do not because they do not believe those principles are accept-
understand the distinction between precedents based able, appropriate, or legitimate. In Mali, for example,
on US common law and those based on US statutes that justice sector personnel often refuse to investigate

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Robert A. Blair

abuses by state security forces because they believe due reopening of 20 circuit courts, over 150 magistrate
process protections should not extend to suspected courts, and 16 prisons (UN Office of Rule of Law and
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enemies of the state (Human Rights Watch 2018, Security Institutions 2018).
359–62). This is a problem of beliefs, which UN mis- Given the physical destruction wrought by the
sions attempt to solve through persuasion (Howard Liberian civil wars, infrastructure served as an import-
2019, 42). International organizations “are rarely able ant inducement for state actors to comply with
to coerce agreement to a norm—they must persuade” UNMIL’s agenda. UNMIL simultaneously used per-
(Finnemore and Sikkink 1998, 900). In South Sudan, suasion to advocate for legal and institutional reforms
for example, UNMISS established liaison officers in related to sexual and gender-based violence, judicial
prisons and mobile courts in order to “change the independence, jury selection, and pretrial detention,
mindset of judges, prosecutors, and prison officials among many other issues (Sannerholm et al. 2012, 31).
regarding prolonged and arbitrary detention” The mission also used persuasion when training secur-
(UN Department of Peacekeeping Operations 2014, ity and justice sector personnel, combining “hard”
6, my emphasis). These initiatives are designed to “take skills like forensics and crowd control with “softer”
what is seen as natural or appropriate and convert it skills, such as respect for the rights of women and
into something perceived as wrong” (Finnemore and children.
Sikkink 1998, 900). UNMIL monitored adherence to these standards
through codeployments in police stations, courts, and
Accountability and Oversight prisons, and through the introduction of new over-
sight and accountability mechanisms, including a Pro-
Finally, some state actors violate rule-of-law principles fessional Standards Division for police officers, a
because they do not expect to be caught or punished Grievance and Ethics Committee for judges, and a
for doing so. In Côte d’Ivoire, for example, a break- Case Flow Management Committee for prison war-
down in civilian control over the police, army, and dens (UN Office of Rule of Law and Security Insti-
gendarmerie fostered impunity as “renegade forces” tutions 2018). UNMIL thus pursued police, court,
created “pockets of disobedience and insubordin- prison, and legal reform simultaneously, through a
ation” (Outtara 2008, 82, 89). This is a problem of combination of education, inducement, persuasion,
accountability, which UN missions attempt to solve and oversight. Nor was UNMIL unique in this
through monitoring, surveillance, and other forms of respect. The mission shared many similarities with
oversight. other peacekeeping operations in Africa (Howard
Oversight constitutes a mechanism of “accountabil- 2008, 312), and its approach to rule-of-law promotion
ity politics” whereby “increased attention, followed by is now typical of UN missions throughout the contin-
changes in discursive positions” make state actors more ent and worldwide.
“vulnerable” to reform (Keck and Sikkink 1998, 26).
When combined with arm-twisting or naming and
shaming, oversight can also serve as a mechanism of VARIATION IN THE EFFICACY OF THE UN’S
coercion that does not rise to the level of physical force RULE-OF-LAW AGENDA
(Howard 2019, 141). In Namibia, for example,
UNTAG police officers trained their local counterparts Nearly all contemporary UN missions are mandated to
in “policing by consent” standards, then monitored promote the rule of law by strengthening the four links
compliance with those standards by conducting joint in the host state’s justice chain. But the efficacy of these
foot and vehicle patrols, codeploying in police stations, efforts varies across time and space. In this paper I
and reporting acts of misconduct up the chain of com- focus on three sources of variation in particular. The
mand (Howard 2008, 75–6). first relates to capacity and composition, as reflected in
the number and type of personnel deployed to each UN
mission. The second relates to mandate implementa-
EMPIRICAL EXAMPLE OF THE UN’S RULE- tion, as reflected in the nature and extent of actual rule-
OF-LAW AGENDA IN LIBERIA of-law-related activities in the field. The third relates to
the timing of these activities. Each of these theoretical
To illustrate, consider the case of UNMIL in Liberia. sources of variation generates one or more empirical
UNMIL attempted to strengthen all four links in the hypotheses for me to test.
Liberian justice chain through a combination of all four
mechanisms described above. In its efforts to reform Personnel: Capacity and Composition
the Liberian National Police (LNP), for example,
UNMIL required that officers reapply under more UN missions vary in their capacity to pursue rule-of-law
stringent eligibility criteria before undergoing a com- reform. While capacity has many dimensions, most
bined nine months of field and academy training. The scholars proxy for it using personnel numbers
mission developed similar training regimens for magis- (Hultman, Kathman, and Shannon 2013; 2014;
trates, judges, court clerks, lawyers, and prison guards. Kathman et al. 2017). Personnel numbers matter for
UNMIL combined education with inducement in the rule-of-law promotion for at least two reasons. First,
form of material support, including rehabilitation of the efforts to reform the four links in the justice chain are
LNP Training Academy in Monrovia and the labor intensive, especially when undertaken

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UN Peacekeeping and the Rule of Law

simultaneously. The larger the mission, the more Activities: Mandate Implementation and
human resources it can devote to these tasks. Second, Engagement with Host States
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reform is more likely to succeed when state actors


believe the international community is committed to Even UN missions with similar mandates may imple-
the process. Personnel numbers are arguably the ment those mandates in different ways (Kathman et al.
“strongest observable signal of the UN’s resolve” 2017), and even missions with similar capacities and
(Ruggeri, Gizelis, and Dorussen 2012, 388). compositions may vary in the activities they pursue in
But not all UN personnel contribute equally to the the field (Smidt 2016). UN missions exercise discretion
UN’s rule-of-law agenda. Most quantitative peace- over these tactical and operational decisions, allowing
keeping studies focus exclusively on uniformed person- them to execute their mandates in unintended and
nel (Hultman, Kathman, and Shannon 2013; 2014; unanticipated ways (Barnett and Finnemore 1999,
Ruggeri, Gizelis, and Dorussen 2012). Uniformed per- 699). As Blair, di Salvatore, and Smidt (2020) show,
the extent to which a given UN mission even attempts
sonnel can have important indirect effects on the rule of
to fulfill the tasks assigned to it in its mandate can
law by maintaining stability, neutralizing spoilers, and
fluctuate dramatically from one year to the next. These
creating the conditions under which more direct fluctuations constitute an important but understudied
attempts at reform can occur. But rule-of-law principles source of peacekeeping success or failure (Lipson
are unlikely to become entrenched through the pres- 2010). I argue that establishing the rule of law requires
ence of uniformed personnel alone. Arguably more reforming the four links in the justice chain. Whether
important are the UN’s civilian personnel, who are peacekeepers succeed in instituting these reforms
almost solely responsible for court, prison, and legal depends on whether they actually attempt to do so.3
reform, and who share responsibility for police reform Even peacekeeping operations that pursue the same
with UN police officers. combination of police, court, prison, and legal reform
UN civilian and police contingents perform “critical may do so in different ways. I argue that UN missions
functions” that cannot be easily outsourced to their are most successful when they pursue rule-of-law
military counterparts, including “developing national reform through a combination of education, induce-
rule of law plans and strategies, coordinating national ment, persuasion, and oversight. Importantly, all of
and international stakeholders, advising on justice mat- these mechanisms involve engaging host states in the
ters, and providing technical expertise” (Sannerholm reform process. But as Dorussen and Gizelis (2013, 6)
et al. 2012, 8). While UN troops and military observers note, the nature of peacekeepers’ “specific involve-
may be more effective at separating belligerents, UN ment” with host states “varies widely from technical
civilian and police personnel are likely to be more assistance and monitoring to direct line authority or
effective at educating, inducing, persuading, and over- even direct implementation”—that is, performing man-
seeing host state police forces, courts, prisons, and dated tasks without host state involvement. In CAR,
legislatures. As the UN itself has acknowledged, these for example, MINUSCA was authorized to use
initiatives require significant “civilian capacity” “Urgent Temporary Measures” to maintain law and
(HIPPO 2015, 41). order in areas where the police and courts were absent
Rule-of-law reform is also more likely to be effect- or dysfunctional. Other missions have similarly
ive when UN missions assign civilian and police bypassed host states in the process of reform.
personnel specifically to rule-of-law-related tasks. But this approach is risky, for at least five reasons.
Rule-of-law reform demands “dedicated capacities” First, UN missions that bypass host states may weaken
(UN Secretary-General 2006, 1–2, 8) and “special- the capacity of the very same institutions they are
ized expertise” (HIPPO 2015, 41). Assigning person- ostensibly mandated to strengthen (Lake 2010). Sec-
nel specifically to rule-of-law-related tasks is ond, bypassing host states may provoke backlash from
especially important in missions with complex, multi- state actors, who may “contest peacekeeping actions
dimensional mandates, where potentially competing that replace rather than improve their regulatory cap-
goals can undermine the mission’s ability to pursue acity” (Dorussen and Gizelis 2013, 6). Third and
any of them effectively (Blair, di Salvatore, and Smidt related, bypassing may create incentives for state actors
2020). By assigning personnel specifically to rule-of- to erect “parallel structures of government” that later
law-related tasks, missions help ensure that rule-of- pose “serious obstacles” to the rule of law (Beauvais
law promotion remains a priority even as mandated 2001, 1117).
tasks proliferate. My first two hypotheses follow from Fourth, UN missions that bypass host states may
these observations: forgo opportunities to influence the beliefs and behav-
Hypothesis 1 (capacity): The rule of law improves iors of government officials and the structure of gov-
as the number of personnel deployed to a UN mission ernment institutions. This may prolong the reform
increases. But:
3
Hypothesis 2 (composition): The magnitude of the Documenting rule-of-law-related activities may be more inform-
ative than counting personnel numbers, as in some cases UN missions
relationship between UN personnel and the rule of law may have ample budgets for personnel but more limited budgets for
is smaller for uniformed personnel than for (a) civilian implementation, and staff may spend much of their time performing
personnel or (b) personnel assigned specifically to rule- tasks that do not contribute to the rule of law in a direct way (e.g.,
of-law-related tasks. filing reports or fulfilling other bureaucratic functions).

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Robert A. Blair

process, thus allowing state dysfunction and predation are perceived as impediments to counterinsurgency
to persist. Fifth, bypassing host states may increase the (Blair, di Salvatore, and Smidt 2020)—restrictions on
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risk that reforms prove inappropriate or inadequate for pretrial detention, for example, or on the use of force by
the contexts in which they are implemented. For all of police officers. Peace processes create “windows of
these reasons, the UN itself has advocated for “high- opportunity” for reform (Call 2007, 11), and the UN
level political engagement in support of national itself has identified the first few years after civil war
[reform] efforts” (HIPPO 2015, x) and has urged peace- termination as the most “opportune moment to work for
keepers to “identify, support, and empower domestic change” (Carlson 2006, 2). This window of opportunity
reform constituencies” rather than circumvent them is likely to be narrower when there is no peace to keep,
(UN Secretary-General 2004, 8). My third and fourth and even reforms that begin during conflict are only
hypotheses therefore predict the following: likely to become institutionalized after the fighting stops.
Hypothesis 3 (mandate implementation): The rule My fifth hypothesis follows from these propositions:
of law improves when a UN mission actually pursues Hypothesis 5 (timing): The magnitude of the rela-
rule-of-law-related activities in the field—in particular tionship between the rule of law and both (a) personnel
police, court, prison, and legal reform. But: and (b) activities is larger during periods of peace than
periods of civil war.
Hypothesis 4 (engagement with host states): The
magnitude of the relationship between UN activities
and the rule of law is larger when a mission engages the
host state in the process of reform—in particular DATA
through education, inducement, persuasion, and over-
sight—rather than bypassing it altogether. Operationalizing UN Personnel and Activities
My theory predicts that the efficacy of UN rule-of-law
Timing promotion should vary as a function of UN personnel,
Finally, UN missions vary in the timing of their deploy- activities, and timing. I operationalize UN personnel
ments and the activities they pursue. In particular, peace- and activities using four sources of data. First, I use
keepers are increasingly expected to advance the UN’s Providing for Peacekeeping (P4P) data on the number
rule-of-law agenda even in settings where civil war is of uniformed personnel deployed to each UN mission
ongoing. Indeed, as we will see, UN missions are actually in Africa since 1990.4 While P4P distinguishes between
more likely to pursue rule-of-law reform during periods UN troops, police officers, and military observers,
of conflict than periods of peace. But reform is also less different categories of uniformed personnel tend to
likely to succeed amidst ongoing civil war. During periods be highly correlated with one another, and I combine
of conflict, UN missions risk being perceived not as them into a single count. I discuss the issue of multi-
impartial forces but as warring parties, thus exposing collinearity in further detail in Appendix G, and in
themselves to threats of violence (Karlsrud 2015). Rule- Appendix J I disaggregate military and police person-
of-law reform is less likely to be effective when UN nel, as the latter tend to be more intimately involved in
personnel are preoccupied with protecting themselves, rule-of-law reform than the former. Figure A.1 plots
and civilians, from imminent physical harm. the distribution of uniformed personnel across Africa.
Moreover, as critics both inside and outside the UN Often it is the UN’s civilian components that are most
system have warned, UN missions are often “poorly directly responsible for advancing the UN’s rule-of-law
suited to these operating environments,” making their agenda. I use annual budget performance reports pre-
mandates “less achievable” (HIPPO 2015, x, 47). Not pared by the UN’s Advisory Committee on Adminis-
coincidentally, previous studies have found that peace- trative and Budgetary Questions (ACABQ) to build
keeping operations are less successful during periods of what is, to my knowledge, the first dataset of civilian
conflict than periods of peace (Doyle and Sambanis contributions to UN peacekeeping operations. ACABQ
reports distinguish four categories of civilian personnel:
2006; Gilligan and Sergenti 2008). Challenges that UN
international staff, national staff, government-provided
missions struggle to overcome in peacetime become
personnel (GPPs), and UN Volunteers (UNVs). To
even more intractable in the “fog of war,” including avoid multicollinearity, I again collapse these categories
culture clashes, turf battles, and coordination problems into a single count. In Appendix K, I disaggregate
both between and within civilian and uniformed con- international and national civilian staff, as the former
tingents (Blair, di Salvatore, and Smidt 2020), which tend to be better paid and enjoy higher status within UN
comprise personnel from diverse settings, with dispar- missions than the latter. Figure A.2 plots the distribution
ate levels of training and expertise. This is especially of civilian personnel across the nine African countries
problematic for the UN’s rule-of-law agenda, which for which budget performance reports are available.5
requires carefully coordinating efforts to reform the
four links in the justice chain simultaneously. 4
See http://www.providingforpeacekeeping.org/.
Perhaps most important, state actors are unlikely to 5
While budget performance reports are available for some other
have the will or capacity to participate in the reform countries as well, their format varies widely, making it difficult to
process if they are busy fighting rebel groups. Indeed, draw valid comparisons between missions, or across years within the
state actors may reject some reforms out of hand if they same mission.

56
UN Peacekeeping and the Rule of Law

Even within the civilian components of UN missions, disadvantageous for my analysis, as multicollinearity
different personnel play different roles. I use the UN prevents me from estimating the effects of each activity
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Secretary-General’s annual budget requests to code the conditional on the others.


number of UN personnel assigned specifically to rule-
of-law-related tasks. Budget requests are unique in
specifying the number of personnel assigned to each Operationalizing the Rule of Law
dimension of a mission’s mandate, as the example in
Figure A.3 illustrates. But budget requests are also To operationalize the rule of law, I rely primarily on
limited in two ways. First, in most cases budget requests two widely used indices from the World Bank and
only begin drawing distinctions between mandate com- Freedom House. Freedom House’s rule-of-law index
ponents in 2003. Second, budget requests only capture is based on reports from country and subject matter
the number of personnel approved by the UN General experts. The World Bank’s index aggregates data
Assembly. As I discuss in Appendix C, however, the from 32 public, private, and nonprofit sources, includ-
correlation between approved and actual personnel ing Freedom House. The World Bank’s index is avail-
numbers is generally very close to 1.00, suggesting that able for most countries in the world beginning in 1996.
the former is a useful proxy for the latter. I discuss my The Freedom House index is available for most coun-
coding rules and missing data issues in detail in Appen- tries beginning in 2003. The World Bank’s index is
dix C. To my knowledge, this is the first dataset to standardized to have 0 mean and unit standard devi-
disaggregate UN personnel by mandate component. ation globally. To facilitate comparison to other
Figure A.4 plots the distribution of UN personnel regions, I do not restandardize to the countries in
assigned specifically to rule-of-law-related tasks across my sample. Freedom House’s index is scaled from
the nine countries for which budget requests are 0 to 16. Table A.2 reports descriptive statistics, and
available. Figures A.5 and A.6 plot trends in the two indices
Finally, in collaboration with Hannah Smidt, I use over time.
UN Secretary-General progress reports to code the The World Bank defines the rule of law as “the
extent to which UN missions actually pursue rule-of- extent to which agents have confidence in and abide
law-related activities on the ground. Progress reports by the rules of society, and in particular the quality of
are typically published four to seven times per year. We contract enforcement, property rights, the police, and
use them to code 37 different activities from 1989 to the courts, as well as the likelihood of crime and
2016, ranging from demining to voter education to violence.”6 This definition is both broader and nar-
humanitarian relief, and encompassing virtually the rower than the UN’s, encompassing some secondary
entire universe of activities that UN missions imple- dimensions of the rule of law (the incidence of crime,
mented during these years. Following my theoretical for example) while ignoring some primary ones (for
framework, I focus on activities targeting the four links example, the extent to which laws are publicly promul-
in the justice chain—police forces, courts, prisons, and gated). Nonetheless, the World Bank’s definition
laws—through four mechanisms of engagement with echoes the UN’s and captures several key components
host states: education, inducement, persuasion, and of the rule of law, including the quality of state security
oversight. I also code implementation of rule-of-law and justice provision and the extent to which govern-
reform without host state involvement. In Appendix D, ment officials adhere to legal and constitutional con-
I discuss coding rules, intercoder reliability, and limita- straints. Among the variables in the World Bank’s
tions—in particular, the possibility that progress index are 16 proxies for the fairness, efficacy, and
reports may be selective and may emphasize activities reputation of the courts; five indicators for the reliabil-
that the UN believes best reflect its achievements. Our ity of the police; and four measures of the independ-
Peacekeeping Activities Dataset (PACT) extends earl- ence of the judiciary. A list of sources included in the
ier efforts by Ruggeri, Gizelis, and Dorussen (2011) index is in Appendix A.
and Smidt (2016). PACT is more comprehensive than Freedom House’s definition of the rule of law com-
its predecessors, substantively, geographically, and prises four parts: independence of the judiciary, respect
temporally. I compare PACT to these other datasets for due process, protection from the “illegitimate use of
in Appendix D. physical force and freedom from war and
Table A.1 summarizes the prevalence of police, insurgencies,” and equality of access to justice.7 While
court, prison, and legal reform in the PACT dataset. also somewhat broader than the UN’s, Freedom
Table A.1 also summarizes the prevalence of rule-of- House’s definition incorporates country experts’
law-related education, inducement, persuasion, and responses to a battery of questions that correspond
oversight. The UN typically pursues all four categories closely to the UN’s understanding of the rule of law.
of reform simultaneously, using a combination of all A list of these questions is in Appendix B. Importantly,
four mechanisms of engagement, and the pairwise while Freedom House includes “freedom from war and
correlations between rule-of-law-related activities are insurgencies” as one component of the rule of law,
very high—always between 0.68 and 0.91. These cor-
relations are important in themselves, as they suggest
the UN has succeeded in pursuing a relatively “bal- 6
See http://info.worldbank.org/governance/wgi/#doc.
anced and holistic” approach to rule-of-law reform 7
See https://freedomhouse.org/report/methodology-freedom-world-
(Carlson 2006, 2). Simultaneity is, however, 2018.

57
Robert A. Blair

scores on the index vary widely even during periods of we should expect the relationship between UN activities
conflict.8 and the rule of law to be biased towards the null as well.
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The rule of law is a multidimensional concept, and I explore the extent to which UN missions favor the
the World Bank and Freedom House indices are broad hard cases for rule-of-law reform in two ways. First,
enough to capture multiple dimensions simultaneously. following my theoretical framework, rule-of-law
As a robustness check, Appendices L through N repli- reform should be less likely to succeed during periods
cate my analysis using four narrower indices designed of conflict than periods of peace. Yet in my sample, I
to capture more specific rule-of-law principles. One key find that UN missions are more rather than less likely to
principle is the extent to which laws constrain the pursue rule-of-law-related activities during periods of
powers of the executive. Appendix L operationalizes conflict. The UN missions in my sample pursue rule-of-
this principle using the Polity IV “executive con- law-related activities in 15% of all country-years of
straints” index, which captures “the extent of institu- conflict, compared with just 9% of all country-years
tionalized constraints on the decision-making powers of peace. This discrepancy holds across three of the four
of chief executives.”9 Appendix M operationalizes this categories of rule-of-law reform (police, court, and
same principle using the Varieties of Democracy prison reform, but not legal reform) and across all four
(V-Dem) “judicial constraints on the executive” index, mechanisms of engagement with host states (education,
which captures the extent to which the executive inducement, persuasion, and oversight). In other
respects the constitution and complies with the courts. words, peacekeepers appear to be more likely to pur-
A second crucial principle is the extent to which laws sue rule-of-law-related activities at moments when
are enforced equally and transparently. Appendix M those activities are less likely to succeed. This should
uses V-Dem’s “equality before the law and individual attenuate the relationship between rule-of-law-related
liberty” index to operationalize this principle. A third activities and the rule of law.
important principle is the extent to which the judiciary is UN missions tend to expand in size during periods of
independent from the other branches of government, conflict as well. The number of uniformed personnel in
especially the executive. Appendix N operationalizes my sample is 28% larger during country-months of
this principle using the Linzer and Staton (2015) index conflict (2,806 on average) than country-months of
of judicial independence. (The V-Dem judicial con- peace (2,197). Nor is this discrepancy specific to uni-
straints index partially captures this principle as well.) formed personnel: the number of civilian personnel is
Results using these four indices are similar to those more than twice as large during country-months of
reported below. Appendix O provides a correlation conflict (799 on average) than country-months of peace
matrix for the six indices. Not surprisingly, they are all (307). This should attenuate the relationship between
positively correlated, but the correlations are not so high UN personnel and the rule of law. While the number of
as to suggest they are merely substitutes for one another. personnel assigned specifically to rule-of-law-related
tasks tends to be larger during periods of peace than
periods of conflict, the discrepancy is small, with an
ESTIMATION AND IDENTIFICATION average of 639 personnel assigned specifically to rule-
of-law-related tasks during country-months of conflict,
Changes in UN personnel and activities may be correl- compared with 732 during country-months of peace.
ated with changing conditions on the ground, which, in Second, and again following my theoretical frame-
turn, may be correlated with the rule of law. It is not clear work, rule-of-law reform should be less likely to suc-
whether we should expect selection effects of this sort to ceed when threats to the rule of law are more severe.
bias my estimates towards or away from the null. While Yet as I show in Appendix I, the UN missions in my
the UN has failed to intervene in some of the world’s sample are equally or more likely to expand in size
most intractable civil wars—Syria, for example—there is when threats to the rule of law are more severe and
ample quantitative evidence that, in general, peace- equally or more likely to pursue rule-of-law-related
keepers are more likely to deploy to the “hardest” cases, activities.10 Again, if anything, this should bias my
attenuating the correlation between UN presence and results towards the null.11 This should also help miti-
peace (Doyle and Sambanis 2006; Fortna 2008a; Gilligan gate concerns about trending—that is, the possibility
and Stedman 2003). By the same logic, if the number of that any positive correlation I observe between UN
personnel deployed to a UN mission increases during
the hardest moments for rule-of-law reform, then we
should expect the relationship between UN personnel
10
and the rule of law to be biased towards the null. I proxy for the severity of threats to the rule of law using lagged
Similarly, if UN missions are more likely to pursue values of the World Bank and Freedom House indices. As scores on
these indices decline, threats to the rule of law become more severe.
rule-of-law-related activities in the hardest cases, then 11
Alternatively, this could bias my results away from the null if there
are more opportunities for reform, and less risk of ceiling effects,
when threats to the rule of law are more severe. This strikes me as
8
For example, South Sudan’s score fell from 3 in 2012 to 1 in 2016. unlikely, and a similar line of reasoning is rarely applied to other
Conflict was ongoing throughout this period. Conversely, Burundi’s contexts or outcomes. For example, I am unaware of any scholar who
score rose from 2 in 2003 to 4 in 2006, while conflict was ongoing. In argues that statebuilding in Somalia is made easier by the fact that the
other countries—Mali and Chad, for example—scores have fluctu- Somali state has always been weak, or that democracy promotion in
ated more widely, even during civil war. Eritrea is made easier by the fact that Eritrea has always been
9
See https://www.systemicpeace.org/inscr/p4manualv2016.pdf. autocratic. If anything, scholars tend to expect the opposite.

58
UN Peacekeeping and the Rule of Law

presence and the rule of law is an artifact of improve- those that did not. (There is no variation in any of my
ments in the rule of law that occur endogenously as independent variables in countries that did not host at
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peace consolidates and UN missions expand or deteri- least one peacekeeping operation.) As a robustness
oration that occurs endogenously as missions contract. check, in Appendix S I report results from a random
Trending of this sort does not appear to be a cause for effects estimator that exploits variation both within and
concern, at least in these countries and years. across countries, and which therefore incorporates coun-
I address three additional threats to causal inference tries that did not host peacekeeping operations. My
in the appendix. First, it is possible that the effects of results are substantively similar to those reported here.
UN personnel and activities may spill over from one Ideally I could test the relationship between UN
country to another, biasing my results. My use of presence and the rule of law both while UN missions
country fixed effects should mitigate this risk, as I are on the ground and after they withdraw. Unfortu-
discuss in Appendix H. Second, even if UN missions nately, the length of most UN mandates precludes this
are more likely to pursue rule-of-law-related activities option. Instead I run my analyses both during civil war
when threats to the rule of law are more severe, those and one, two, and three years after civil war termin-
activities may require bypassing rather than engaging ation, using the Uppsala Conflict Data Program’s
the host state—for example, if the local police force is (UCDP) armed conflict dataset to code civil war onset
implicated in ongoing human rights violations. In this and termination. In some countries, these specifications
case, the correlation between bypassing and the rule of do in fact encompass the period after UN withdrawal.
law would be biased towards the null, while the correl- For example, the Burundian civil war ended in 2005,
ation between engagement and the rule of law would be one year after the UN deployed and one year before it
biased away from it. In Appendix I, I show that this is withdrew. Similarly, the most recent Chadian civil war
unlikely, as UN missions in my sample are actually ended in 2010, the same year the UN drew down. In
more likely to engage host states when threats to the these cases my analysis captures the entire trajectory
rule of law are more severe. from deployment to implementation to withdrawal. For
Third and somewhat less plausibly, it is possible that an approach similar to mine, see Fortna (2008b).
any positive association I observe between UN pres- Finally, ideally I could compare UN rule-of-law-
ence and the rule of law is not a result of police, court, related activities with similar activities undertaken by
prison, or legal reform but is rather a byproduct of other domestic and international organizations—the
other activities that UN missions pursue at the same World Bank and the Carter Center, for example. While
time—for example, promotion of public health or eco- PACT contains data on these activities, UN Secretary-
nomic growth. Empirically assessing this possibility is a General progress reports usually focus on activities
challenge, as UN missions typically pursue multiple implemented in collaboration with UN missions. As a
political, social, and economic reforms simultaneously. result, the correlation between UN and non-UN rule-
Nonetheless, as a placebo test, in Appendix P I use of-law promotion in PACT is close to 1.00. This is not as
PACT to identify a set of activities that are not likely to limiting as it may seem, as many international organ-
affect the rule of law and only weakly correlated with izations coordinate with the UN when designing and
activities that are. I focus in particular on the imposition implementing rule-of-law programs. Many of these
and enforcement of UN arms embargoes. I find that the programs appear in the UN’s progress reports, and
correlation between arms embargo-related activities those that do not likely fall under the purview of
and the rule of law is generally null or negative. This relatively small domestic NGOs. Still, some ambiguity
is consistent with the (rather intuitive) proposition that remains, and my analysis is best interpreted as captur-
rule-of-law-related activities are more likely than other ing UN rule-of-law reform with assistance from other
types of activities to promote the rule of law. international organizations.
I attempt to minimize any remaining bias by using
country fixed effects to eliminate time-invariant con-
founders and by controlling for some of the most prob- RESULTS
lematic time-varying confounders: population, GDP per
capita, foreign aid, infant mortality, quality of democ- Figures 1 and 2 estimate the relationship between UN
racy, and an indicator for any violence against the personnel and activities and the rule of law. I present
regime.12 Importantly, my use of country fixed effects my results graphically for ease of interpretation. My
implies that I am estimating off of variation that arises unit of analysis is the country-year, and in all specifica-
within rather than between countries. This is advanta- tions I use as many countries and as many years as I
geous for causal inference but potentially disadvanta- have data for both my independent and dependent
geous for the scope of my analysis, as I cannot compare variables. I operationalize my dependent variable using
countries that hosted peacekeeping operations with the World Bank and Freedom House indices in
Figures 1 and 2, respectively. I operationalize UN
presence as the number of uniformed personnel
12 deployed to each UN mission in Africa since the end
Data on population, GDP, and foreign aid are from the World
Bank’s Worldwide Development Indicators. Data on infant mortality
of the Cold War (top left panel), the number of civilian
are from the US Census Bureau’s International Data Base. Data on the personnel deployed to each UN mission in Africa (top
quality of democracy are from the Polity IV project. Data on violence right panel), the number of personnel assigned specif-
against the regime are from the Political Instability Task Force. ically to rule-of-law-related tasks (bottom left panel),

59
Robert A. Blair

FIGURE 1. Correlation between World Bank Rule-of-Law Index and UN Personnel and Activities
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Civil war
1+ year of peace
2+ years of peace
3+ years of peace

–.2 –.1 0 .1 .2 .3 .4 –.2 –.1 0 .1 .2 .3 .4


Coefficient on # of uniformed personnel Coefficient on # of civilian personnel

–.2 –.1 0 .1 .2 .3 .4 –.2 –.1 0 .1 .2 .3 .4


Coefficient on # of personnel assigned to rule-of-law-related tasks Coefficient on any rule-of-law-related activities

Note: Each panel reports coefficients and 95% confidence intervals from four separate OLS regressions with controls and country fixed
effects. Sample is restricted to periods during civil war (denoted by squares) and at least one, two, or three years after civil war (denoted by
triangles, circles, and diamonds, respectively). UN activities are coded as country-year dummies indicating whether the activity was
mentioned at least once in a UN Secretary-General progress report from the corresponding year.

and a dummy for any actual rule-of-law-related activ- marginal effects with all controls held at their means.
ities in the field (bottom right panel). The scale of the x-axes is standardized for ease of
Because the UN records personnel numbers by fiscal comparison.
rather than calendar year, and because UN Secretary- My theory predicts that the rule of law should
General progress reports (and the activities described improve as the number of personnel deployed to a
therein) sometimes span two years, I lag my independ- UN mission increases (Hypothesis 1), but that the
ent variables by two periods to avoid reverse causality, magnitude of this relationship should be smaller for
and I lag my controls by three periods to avoid post- uniformed personnel than for civilian personnel or
treatment bias. I code personnel numbers in units of personnel assigned specifically to rule-of-law-related
1,000. All specifications include country fixed effects tasks (Hypothesis 2). My theory also predicts that the
and controls for population, GDP, foreign aid, infant rule of law should improve when a UN mission pursues
mortality, quality of democracy, and violence against rule-of-law-related activities in the field (Hypothesis 3),
the regime. I test the relationship between UN pres- but that the magnitude of this relationship should be
ence and the rule of law in countries with ongoing civil larger when the mission engages the host state in the
wars (denoted by squares) and in countries that have process of reform (Hypothesis 4). Finally, my theory
experienced at least one, two, or three years of peace predicts that the magnitude of the relationship between
(denoted by triangles, circles, and diamonds, respect- UN presence and the rule of law should be larger
ively), as defined by UCDP.13 The figures present during periods of peace than periods of conflict
(Hypothesis 5).
My results in Figure 1 are consistent with these
13
UCDP defines armed conflict as “a contested incompatibility that predictions. The correlation between uniformed per-
concerns government and/or territory where the use of armed force
between two parties, of which at least one is the government of a
sonnel and the rule of law is positive and statistically
state, results in at least 25 battle-related deaths in a calendar year.” significant during periods of peace (Hypothesis 1), but
See https://ucdp.uu.se/downloads/ucdpprio/ucdp-prio-acd-191.pdf. the magnitude of the correlation is between six and

60
UN Peacekeeping and the Rule of Law

FIGURE 2. Correlation between Freedom House Rule-of-Law Index and UN Personnel and Activities
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Civil war
1+ year of peace
2+ years of peace
3+ years of peace

–1 0 1 2 3 –1 0 1 2 3
Coefficient on # of uniformed personnel Coefficient on # of civilian personnel

–1 0 1 2 3 –1 0 1 2 3
Coefficient on # of personnel assigned to rule-of-law-related tasks Coefficient on any rule-of-law-related activities

Note: Each panel reports coefficients and 95% confidence intervals from four separate OLS regressions with controls and country fixed
effects. Sample is restricted to periods during civil war (denoted by squares) and at least one, two, or three years after civil war (denoted by
triangles, circles, and diamonds, respectively). UN activities are coded as country-year dummies indicating whether the activity was
mentioned at least once in a UN Secretary-General progress report from the corresponding year.

14 times larger for civilian personnel and between of conflict than periods of peace (Hypothesis 5).
16 and 20 times larger for personnel assigned specific- (I test Hypothesis 4 below.) In Appendix J, I show
ally to rule-of-law-related tasks (Hypothesis 2). that the magnitude of the correlation between uni-
Because personnel numbers are so highly correlated, formed personnel and the rule of law is smaller for
I cannot test the relationship between the rule of law UN troops than for UN police officers, as the latter
and particular categories of personnel conditional on tend to be more intimately involved in rule-of-law
the others. Nonetheless, the marginal return on uni- reform. In Appendix K, I also show that the magni-
formed personnel appears to be much smaller than the tude of the correlation between civilian personnel
marginal return on civilian personnel or personnel and the rule of law is smaller for national personnel
assigned specifically to rule-of-law-related tasks.14 than for international personnel, as the latter tend to
The correlation between the rule of law and rule- be better paid and enjoy higher status than the
of-law-related activities is positive and statistically former.
significant during periods of peace as well To put these correlations in perspective, the average
(Hypothesis 3). These correlations all vary in size postconflict African country scores a -0.85 on the World
depending on how long the peace process has been Bank index after one year of peace. This falls in the 22nd
ongoing, but the differences between them are not percentile worldwide and the 60th percentile of all
statistically significant at conventional levels. The country-years in my sample. My models predict that this
correlation between UN presence and the rule of score should improve by roughly 0.02 points with 1,000
law is, however, consistently smaller during periods additional uniformed personnel, 0.09 points with 1,000
additional civilian personnel, 0.24 points with 1,000 add-
itional personnel assigned specifically to rule-of-law-
14 related tasks, and 0.20 points with any actual rule-of-
The coefficients on uniformed personnel are, however, much more
precisely estimated. This may be because uniformed personnel have law-related activities on the ground. These correlations
much higher variance than civilian personnel or personnel assigned are both substantively and statistically significant. For
specifically to rule-of-law-related tasks. example, an increase of 0.24 points on the World Bank

61
Robert A. Blair

TABLE 1. Correlation between World Bank Rule-of-Law Index and UN Activities Disaggregated by
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Engagement with Host State

Rule of law (World Bank)


Any rule-of-law-related engagement with host state –0.02 0.25 0.22 0.29
[0.06] [0.06]*** [0.07]*** [0.07]***
Any rule-of-law-related bypassing of host state –0.00 –0.10 –0.13 –0.24
[0.07] [0.06]* [0.06]** [0.07]***

Observations 191 314 271 240


Controls Y Y Y Y
Country FE Y Y Y Y
Years of peace 0 ≥1 ≥2 ≥3

Note: Table reports results from OLS regressions with controls and country fixed effects. UN activities are coded as country-year dummies
indicating whether the activity was mentioned at least once in a UN Secretary-General progress report from the corresponding year.
∗∗∗
p < 0:01, ∗∗ p < 0:05, ∗ p < 0:10.

TABLE 2. Correlation between Freedom House Rule-of-Law Index and UN Activities Disaggregated
by Engagement with Host State

Rule of law (Freedom House)


Any rule-of-law-related engagement with host state 0.33 2.29 1.92 1.98
[0.37] [0.46]*** [0.60]*** [0.71]***
Any rule-of-law-related bypassing of host state –0.46 –0.44 –0.52 –0.96
[0.36] [0.36] [0.36] [0.40]**

Observations 137 260 228 202


Controls Y Y Y Y
Country FE Y Y Y Y
Years of peace 0 ≥1 ≥2 ≥3

Note: Table reports results from OLS regressions with controls and country fixed effects. UN activities are coded as country-year dummies
indicating whether the activity was mentioned at least once in a UN Secretary-General progress report from the corresponding year.
∗∗∗
p < 0:01, ∗∗ p < 0:05, ∗ p < 0:10.

index would place the average postconflict African coun- rule-of-law-related activities in the field. This latter
try in the 32nd percentile worldwide and the 74th per- correlation is more than seven times the magnitude of
centile in my sample. This improvement is roughly four- the improvement we would expect to observe from
fifths the size of the improvement we would expect to each additional year of peace. As I show in Appendix
observe in a country that transitions from civil war to at L through N, my results are similar when I use the
least one year of peace and roughly seven times the size Polity, V-Dem, or Linzer and Staton (2015) indices to
of the improvement we would expect to observe from operationalize the rule of law instead.
each additional year of peace thereafter. While adding Another way to understand these results is to com-
1,000 personnel assigned specifically to rule-of-law- pare scores on the World Bank and Freedom House
related tasks may be unrealistic for many UN missions, indices at the time the UN deployed with those at the
even smaller additions predict substantively significant time it withdrew (or, for UN missions that were ongoing
improvements in the rule of law. at the end of my panel, to scores in 2016). While these
My results are similar when I use the Freedom House comparisons are not causally identified, they are none-
index to operationalize the rule of law. The average theless illuminating. Consider, for example, the case of
score on the Freedom House index is about 5.68 after at Côte d’Ivoire. When UNOCI deployed in 2004, Côte
least one year of peace. My model predicts that this d’Ivoire scored a -1.37 on the World Bank index and a
score should improve by 0.20 points with 1,000 add- 3 on the Freedom House index. Only nine other coun-
itional uniformed personnel, by 0.99 points with 1,000 tries scored a 3 or below on the Freedom House index
additional civilian personnel, by 1.63 points with 1,000 in 2004, and only 16 other countries scored a -1.37 or
additional personnel assigned specifically to rule-of- below on the World Bank index. By 2016, however,
law-related tasks, and by 2.02 points with any actual Côte d’Ivoire’s scores had improved to -0.67 on the

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UN Peacekeeping and the Rule of Law

FIGURE 3. Correlation between World Bank Rule-of-Law Index and UN Activities Disaggregated by
Downloaded from https://www.cambridge.org/core. Pontificia Universidad Javeriana, on 03 Jan 2022 at 00:49:04, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0003055420000738

Target

Civil war
1+ year of peace
2+ years of peace
3+ years of peace

–.2 –.1 0 .1 .2 .3 .4 –.2 –.1 0 .1 .2 .3 .4


Coefficient on any police reform Coefficient on any court reform

–.2 –.1 0 .1 .2 .3 .4 –.2 –.1 0 .1 .2 .3 .4


Coefficient on any prison reform Coefficient on any legal reform

Note: Each panel reports coefficients and 95% confidence intervals from four separate OLS regressions with controls and country fixed
effects. Sample is restricted to periods during civil war (denoted by squares) and at least one, two, or three years after civil war (denoted by
triangles, circles, and diamonds, respectively). UN activities are coded as country-year dummies indicating whether the activity was
mentioned at least once in a UN Secretary-General progress report from the corresponding year.

World Bank index and 6 on the Freedom House index. Again, these trends should not be interpreted caus-
Only five other countries witnessed larger improve- ally, and they are not uniform across settings. In gen-
ments on the World Bank index over this 12-year eral, however, the rule of law improved in African
period: Haiti, Myanmar, French Guiana, Rwanda, countries that hosted a UN mission over these years,
and Georgia. Only one other country—Togo—wit- sometimes dramatically so. Trends in African countries
nessed an equally large improvement on the Freedom that experienced a civil war but did not host a UN
House index, and only one, Liberia, witnessed a larger mission were more mixed. In Niger, for example,
improvement. UCDP records episodes of civil war from 2007 to
Or consider the case of Liberia. In 2003, the year the 2008 and 2015 to 2016, the end of my panel.15 Niger
civil war ended and UNMIL’s mandate began, Liberia scored a -0.60 on the World Bank index in 2007, and a
scored a -1.65 on the World Bank index and a 0 on the 9 on the Freedom House index. Niger’s score on the
Freedom House index. The only other countries to score Freedom House index declined monotonically there-
below a -1.65 on the World Bank index that year were after, to 8 in 2008, 6 in 2009, and 5 in 2010. Niger’s score
DRC, Myanmar, Zimbabwe, Haiti, and Somalia; the on the World Bank index was more idiosyncratic. In
only other countries to score a 0 on the Freedom House Nigeria, UCDP records episodes of civil war in 2004
index were DRC, Cameroon, Equatorial Guinea, and and 2009 and again from 2011 to 2016. Nigeria’s score
Sudan. By 2016, however, Liberia’s World Bank score on the Freedom House index rose from 4 in 2004 to 5 in
had improved to a -0.97, and its Freedom House score 2007 before falling back to 4 in 2012. On the World
had improved to a 7. Only seven countries experienced a Bank index, Nigeria’s score increased from 2004 to
more dramatic improvement on the World Bank index
over these years: Myanmar, Serbia, Haiti, Cuba,
Rwanda, Georgia, and, not coincidentally, Côte 15
UCDP also records civil wars in Niger from 1991–1992, 1994–1995,
d’Ivoire. No other country experienced a similarly dra- and in 1997. Unfortunately neither the World Bank nor the Freedom
matic improvement on the Freedom House index. House index is available for these years.

63
Robert A. Blair

FIGURE 4. Correlation between Freedom House Rule-of-Law Index and UN Activities Disaggregated
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by Target

Civil war
1+ year of peace
2+ years of peace
3+ years of peace

–1 0 1 2 3 –1 0 1 2 3
Coefficient on any police reform Coefficient on any court reform

–1 0 1 2 3 –1 0 1 2 3
Coefficient on any prison reform Coefficient on any legal reform

Note: Each panel reports coefficients and 95% confidence intervals from four separate OLS regressions with controls and country fixed
effects. Sample is restricted to periods during civil war (denoted by squares) and at least one, two, or three years after civil war (denoted by
triangles, circles, and diamonds, respectively). UN activities are coded as country-year dummies indicating whether the activity was
mentioned at least once in a UN Secretary-General progress report from the corresponding year.

2008, decreased from 2008 to 2011, increased again In Figures 3 through 6, I use PACT to explore these
from 2011 to 2015, and decreased again in 2016. correlations between engagement and the rule of law in
Figures A.5 and A.6 in the appendix plot these trends further detail. In Figures 3 and 4, I disaggregate rule-of-
over time. law-related activities by target—police forces, courts,
Finally, my theory predicts that the magnitude of the prisons, and laws—using the World Bank and Freedom
relationship between the rule of law and UN activities House indices, respectively. In Figures 5 and 6, I disag-
should be larger when UN missions engage host states gregate by mechanism of engagement with the host
in the process of reform rather than bypassing them state: education, inducement, persuasion, and over-
altogether (Hypothesis 4). Tables 1 and 2 test this sight. My results are again consistent with those above.
prediction by distinguishing mechanisms that require I do find some evidence of potential diminishing mar-
engagement with the host state—education, induce- ginal returns: the correlation between UN activities and
ment, persuasion, and oversight—from those that do the Freedom House index is generally null after three
not, using the coding rules discussed in Appendix years of peace, though it is also statistically indistin-
D. Since engagement and bypassing are not highly guishable from the correlation after one or two years of
correlated in my sample, I can include them both in peace, suggesting that the differences may not be
the same models. Tables 1 and 2 report results using the important for practical purposes. In Appendix Q, I
World Bank and Freedom House index, respectively. show that my results are similar when I use more
Consistent with my theory, the correlation between restrictive coding rules for PACT, and in
engagement and the rule of law is positive and statis- Appendix R, I show that my results are again similar
tically significant in all periods of peace, while the when I use indices instead of dummies to operationalize
correlation with bypassing is weak or even negative. rule-of-law-related activities. The robustness of my
The difference between the two coefficients is also results to these alternative specifications suggests they
statistically significant during all periods of peace. are unlikely to be artifacts of particular coding rules.

64
UN Peacekeeping and the Rule of Law

FIGURE 5. Correlation between World Bank Rule-of-Law Index and UN Activities Disaggregated by
Downloaded from https://www.cambridge.org/core. Pontificia Universidad Javeriana, on 03 Jan 2022 at 00:49:04, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0003055420000738

Mechanism of Engagement

Civil war
1+ year of peace
2+ years of peace
3+ years of peace

–.2 –.1 0 .1 .2 .3 .4 –.2 –.1 0 .1 .2 .3 .4


Coefficient on any rule-of-law-related education Coefficient on any rule-of-law-related inducement

–.2 –.1 0 .1 .2 .3 .4 –.2 –.1 0 .1 .2 .3 .4


Coefficient on any rule-of-law-related persuasion Coefficient on any rule-of-law-related oversight

Note: Each panel reports coefficients and 95% confidence intervals from four separate OLS regressions with controls and country fixed
effects. Sample is restricted to periods during civil war (denoted by squares) and at least one, two, or three years after civil war (denoted by
triangles, circles, and diamonds, respectively). UN activities are coded as country-year dummies indicating whether the activity was
mentioned at least once in a UN Secretary-General progress report from the corresponding year.

CONCLUSION mission increases, but the magnitude of the correlation


is smaller for uniformed personnel than for civilian
The UN is at the forefront of efforts to restore the rule personnel or personnel assigned specifically to rule-
of law in countries experiencing or recovering from civil of-law-related tasks. Among uniformed personnel,
war. Research on the impact of these efforts, however, the correlation is smaller for UN troops than UN police
remains limited and speculative. In this paper I develop officers; among civilian personnel, the correlation is
and test a theory to explain when, where, and how UN smaller for national than international staff. I also find
rule-of-law promotion is likely to succeed. My theory that the rule of law improves when UN missions actu-
focuses on reforms targeting the host state’s justice ally pursue rule-of-law-related activities in the field, but
chain: police forces, courts, prisons, and laws. UN the magnitude of the correlation is larger when they
missions pursue these reforms through a combination engage host states in the process of reform rather than
of education, inducement, persuasion, and oversight. I bypassing them altogether. Finally, I find that the
identify three sources of variation in the efficacy of magnitude of all of these correlations is larger during
these reforms, related to UN personnel, activities, and periods of peace than periods of civil war. Importantly,
timing. I test my theory by combining existing data on these correlations do not appear to be artifacts of
the number of uniformed personnel deployed to each selection into “easy” cases, nor do they appear to be
UN mission in Africa with three original datasets on the byproducts of other, more “traditional” activities that
number of civilian personnel, the number of personnel UN missions pursue on the ground. Taken together, my
assigned specifically to rule-of-law-related tasks, and results suggest that UN intervention may be a more
the extent to which UN missions actually pursue rule- effective mechanism for restoring the rule of law than
of-law-related activities on the ground. the prevailing pessimism would lead us to believe
Consistent with my theory, I find that the rule of law (Clunan and Trinkunas 2010; Janse 2013; Lake 2010;
improves as the number of personnel deployed to a UN Ledwidge 2017).

65
Robert A. Blair

FIGURE 6. Correlation between Freedom House Rule-of-Law Index and UN Activities Disaggregated
Downloaded from https://www.cambridge.org/core. Pontificia Universidad Javeriana, on 03 Jan 2022 at 00:49:04, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0003055420000738

by Mechanism of Engagement

Civil war
1+ year of peace
2+ years of peace
3+ years of peace

–1 0 1 2 3 –1 0 1 2 3
Coefficient on any rule-of-law-related education Coefficient on any rule-of-law-related inducement

–1 0 1 2 3 –1 0 1 2 3
Coefficient on any rule-of-law-related persuasion Coefficient on any rule-of-law-related oversight

Note: Each panel reports coefficients and 95% confidence intervals from four separate OLS regressions with controls and country fixed
effects. Sample is restricted to periods during civil war (denoted by squares) and at least one, two, or three years after civil war (denoted by
triangles, circles, and diamonds, respectively). UN activities are coded as country-year dummies indicating whether the activity was
mentioned at least once in a UN Secretary-General progress report from the corresponding year.

My results have at least three important implications have criticized the UN’s increasing tendency to deploy
for the practice of UN rule-of-law promotion. First, complex, multidimensional peacekeeping operations to
they suggest that the UN should expand the civilian active conflict zones, such as Mali and South Sudan
components of most UN missions. While UN troops (HIPPO 2015). My results lend additional credence to
and military observers may help create the conditions these concerns. My results also suggest, however, that
in which the rule of law can emerge, it is the UN’s UN missions should avoid bypassing host states in the
civilian and police contingents that are most directly process of reform, even in settings where host states are
responsible for rule-of-law reform—retraining police weak or predatory. While bypassing may sometimes be
officers and judges, monitoring prisons, amending laws, necessary for practical or normative reasons, it may
etc. While I am unable to estimate the relationship also have adverse unintended consequences for the
between the rule of law and civilian personnel condi- rule of law—which, in turn, may undermine the pros-
tional on uniformed personnel, given the UN’s ten- pects for peace in the long term.
dency to underinvest in civilian contingents How likely are my results to generalize to other
(UN Security Council 2000), for most UN missions settings or to other types of international intervention?
the marginal return on civilian personnel likely exceeds Threats to the rule of law are endemic to many devel-
the marginal return on uniformed personnel, at least oping (and developed) countries, and restoring the rule
for purposes of restoring the rule of law. of law is integral to the mandates of current and recent
My results also suggest that UN missions should not UN missions around the world. While no other inter-
expect to fulfill their rule-of-law mandates in settings national organization has pursued rule-of-law reform
where there is no peace to keep. Scholars have long as aggressively or “holistically” as the UN (Trenkov-
argued that the UN is more effective at building peace Wermuth 2010), the UN’s approach is not altogether
than fighting wars (Doyle and Sambanis 2006; Fortna unique. The US government, for example, continues to
2008a; Gilligan and Sergenti 2008), and policy makers fund a variety of security and justice sector reform

66
UN Peacekeeping and the Rule of Law

initiatives in Africa, Asia, Eastern Europe, Latin Greenhill, Brian. 2015. Transmitting Rights: International
America, and the Middle East. UN missions are atyp- Organizations and the Diffusion of Human Rights Practices.
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