CONFLICT MANAGEMENT  

 

 

The governing bodies in the aftermath of the conflicts in Syria and in Afghanistan evidences the need to contend with non-state armed groups. The failure to include non-state armed groups in negotiations has proved fatal to the implementation of peace agreements as seen in South Sudan. This imperative must be balanced with the need to protect state sovereignty.  

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In the historic examples of Syria and Afghanistan and now in the case of Sudan, the question is how can these two opposing forces, a de-facto government and non-state armed groups, be reconciled in a way that has the effect of managing the conflict, brokering the cessation of hostilities, reducing forced migration and paving the way for post-conflict reconstruction? 

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The idea of a "trust" in law provides a simple framework. Put simply, a (1)"trustee" has a (2) "duty" to act in the best interests of the (3) "beneficiary".  There can be multiple trustees and multiple beneficiaries. A trustee can also be a beneficiary. What are the "duties" in the context of state conflict management and upon whom can these duties be imposed?

 

Where a territory has been in a state of transition requiring assistance in the administration of civil and social services, rule of law, fiscal authority and other areas of interim governance, the United Nations has been able to assist in this state administration. This is known as International Territorial Administration (ITA") and can be described as "duties" in the context of a trustee-beneficiary relationship. ITA was applied by the UN in East Timor, in Kosovo and in Cambodia for example.   For illustration purposes and discounting the major factor of proxy involvement, were the United Nations to assist in state administration of Sudan for example, with the consent and participation of the two opposing generals in a trusteeship framework, the United Nations would become a co-trustee with these relevant stakeholders with a duty to carry out ITA in the best interests of the state. The trusteeship framework for the administration of ITA allows for the representation of relevant stakeholders as co-trustees and/or beneficiaries. 

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The idea of a trust exists in the Charter of the United Nations but it has fallen into disuse for historic reasons. In fact a Trusteeship Council also exists but is not utilised. OCMR advocates for re-framing trusteeship and the readily available framework to make it apply in the context of contemporary conflict management with a view to facilitating post-conflict reconstruction and the development of the law post-conflict.

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A diagram of the model and a further explanation of its application is available to view for free in the "download" section in the Shop. 

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