CONFLICT MANAGEMENT  

 

 

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The idea of a "trust" in law provides a simple framework for the representation of key stakeholders in a given conflict. 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 successfully applied by the UN in East Timor, in Kosovo and in Cambodia.  The United Nations is therefore a viable trustee.

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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.The Charter also envisages the establishment of a Military Staff Committee which, arguably, can complement the work of the international community in managing conflict in this context. 

 

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 reconciliation and 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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