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Published by The CoESPU Magazine, 2021-07-07 09:20:30

The CoESPU Magazine 2-2021

The CoESPU Magazine 2-2021

Keywords: The CoESPU Magazine 2-2021

Center of Excellence for Stability Police Units -Sub Iure ad Pacem tuendam Milites paro 2- 2021 The CoESPU

The online quarterly Journal of Stability Policing
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Dear CoESPU Magazine readers,
The pandemic has confronted humanity with its own fragi-
lity, highlighting how, in spite of walls and boundaries, we all are
inevitably connected. We have to look ahead and here at CoE-
SPU, we have never lost heart. Above all, we have never lost our
enthusiasm and the passion that we put into what we do.
The world is restarting, as our in-person activities, com-
plimented with the highest sanitary measures: in April, some
CoESPU SMEs and myself took part in an international work-
shop held in Kigali, Rwanda, aimed at establishing a training
hub and a doctrinal cluster in the field of peace operations.
In May, we saw the debut of the “Strategic Advising” course for Carabinieri and Eu-
rogendfor Officers about to be employed, as advisers, in different countries. In June,
the 13th edition of the High-Risk Operations course began. Students from the Rwanda
National Police are receiving high profile training aimed at enhancing their skills and
capabilities in the area of police Special Weapons And Tactics (SWAT), and high risk
manoeuvres in view of their deployment in Peace Operations. In addition, it is with
this spirit of renewed enthusiasm and confidence for the future that I have the honour
to provide for your reading the new issue of the Magazine, collecting features from
various qualified academics, experienced practitioners and senior officers belonging
to international organizations. Among the contributors, Savita Pawnday and Jaclyn
Streitfeld-Hall, from the Global Centre for the Responsibility to Protect, wrote a meticu-
lously researched article highlighting differences and similarities between the Protection
of Civilians and the Responsibility to Protect. LTC Nicola Bonomi, NATO SP Center of
Excellence Doctrine & Concept Development Section Staff, makes a thorough analy-
sis on the role of NATO Stability Policing in protecting the civilian population.
In the “Health and Well Being” section, Dr. Davide Perego describes the “Post
COVID-19 Syndrome” that affects some patients who, after more than 12 weeks from
the onset of the infection, continue to show symptoms that cannot be explained.
Finally, I proudly inform you that, on the basis of framework conventions si-
gned with Italian and foreign universities, we are hosting, within our premises, students
from all over the world, who will be able to conduct their internships, supported by
our tutors, all Carabinieri Officers, who are supervising their experience. With this in
mind, we decided to open a brand new section of the Magazine, entitled “Internship
Research Results”, where we publish the best scientific papers from our internees. Ob-
viously, the complete outcomes of their research will be available on our site.
Without ever lowering our guard on the Corona virus, hoping it gives up its grip
on humanity and with summer finally upon us, I can only wish you a serene and fruitful
reading of your Magazine.

BG Giovanni Pietro BARBANO
CoESPU Director



BG. Giovanni Pietro Barbano


CAPT. Lucio De Angelis


CAPT. Lucio De Angelis
CWO Salvatore Camagna
CWO Massimiliano Dimichele
Mr. Denis Rizzotti


United Nations,
CoESPU Magazine Team

Cover picture: Mr. Denis Rizzotti
Other authors are indicated in single captions


Telephone +39 0444 932190


Maureen BROWN

Edoardo GREPPI
Emanuele Vittorio PARSI
Bernardo SALA
Dmitry TITOV

The CoESPU Magazine is devoted to the publication of professional concepts and issues, research
and doctrinal products developed by the Carabinieri Center of Excellence for Stability Police Units, in
collaboration with other international research Centers. The Magazine addresses topics of professio-
nal, technical, operational and juridical nature in the field of Stability Policing within Peace Opera-
tions. Based on the core values of ethics, integrity, professionalism and respect for diversity, harmo-
nically inflected and informed by the traditions of over two hundred years of Carabinieri history, the
Magazine fosters Human Rights and gender mainstreaming, while seeking to enhance current police
peacekeeping doctrine and promoting international police peacekeeping interoperability, cognizant
of Lessons Learned and best practises. The CoESPU Magazine is constantly committed to upholding
UN standards, norms, procedures and curricula, while endorsing self-sufficiency of the participating
Police Contributing Countries. Consequently, its editorial policy promotes the principles of represen-
tativeness, responsiveness, and accountability, as well as effectiveness, efficiency, transparency, and
accessibility, to provide the highest professional standards to build trust and legitimacy of beneficiary
Law Enforcement Institutions.

DISCLAIMER: The views expressed in this journal belong to single authors and do not ne-

cessarily reflect the official policy or position of the CoESPU, the UN, The Italian Government, the
Carabinieri or other nominated Institutions. Content is copyrighted where expressly indicated,
but Material belongs to authors themselves. The Center of Excellence for Stabilities Police Units
retains full and exclusive ownership over other magazine contents and original images. Repro-
duction of any part of this magazine without express written permission is strictly prohibited.















“The CoESPU Magazine – the on line Quarterly Journal of Stability Policing” is a stand-alone on line publication.

Printed copies are intended for internal use and shall not be distributed. Published on THE COESPU MAGAZINE
[email protected] REGISTRY COURT NUMBER: VICENZA N.3367/2018 U.G. R.S. 8/2018.

ISSN: 2611-9005






General Barbano remarks in Police Peacekeepers before their It is well known that, as a result
occasion of the opening of deployment in a mission, along of the changing nature of confli-
UN Police Day with the need for a constant update cts, in the last three decades in-
of all relevant training endeavors ternational peace operations have
by Giovanni Pietro Barbano in line with field necessities, aims grown in complexity and num-
to stimulate the discussion betwe- ber, and the range and importan-
last June 17 I was invited to present en police peacekeeping training ce of UN Police’s activities, tasks
experts and other stakeholders, and functions have expanded ac-
my remarks to the United Nations
Police Day opening. The initiative, “From action for peacekeeping to the sustainable deve-
organised jointly with the Interna- lopment goals, from peacekeeping to preventing con-
tional Association of Peacekeeping flict and sustaining peace, the united nations police are
Training Centres (IAPTC), consists a vital tool and key enabler for realizing the peace and
of a series of Virtual Workshops security, development and humanitarian objectives of
aimed to present UNPOL Training the entire organization.”
Architecture Programme in which
I have been thoroughly involved UN SECRETARY-GENERAL ANTÒNIO GUTERRES
in since its early stage in 2018,
in both my capacities, as Director exploring and integrating different cordingly, revealing for the poli-
of the Center of Excellence for the perspectives on various matters ce component a more and more
Stability Police Units, and Chair- related to the education of future central, crucial role in almost the
person of the IAPTC police board. police peacekeepers, with a view whole spectrum of UN Missions.
on strengthening international and However, increasing responsibili-
“The ongoing Police Day, while regional cooperation in this field. ties and expectations weren’t always
emphasizing the importance of ef-
ficiently and comprehensively train


successfully fulfilled, and in some licies and of mission-specific docu- is further exacerbated by the fact
instances UN peacekeepers’ per- ments, poor planning skills, scarce that international Police activities
formances were underwhelming. command and control capacities, fundamentally differ from dome-
The doctrinal debate within the UN lack of initiative, and inappropria- stic policing. In fact, UN Police
identifies insufficient training and te tasking, as aspects affecting the normally operate in unstable en-
poor leadership quality as one of overall conduct of the operations. vironments where not only the ju-
the main reasons of failure, inef- As a conceivable consequence, ridical system significantly differs
ficiency, and weakness , particu- the outbreak of Covid-19 pande- from those of the PCC, but also
larly for the uniformed compo- mic saw international missions su- the same notion of rule of law, au-
thority, balance of
nents. Indeed,
power, and social
those aspects “THE UN POLICE DOCTRINE HAS EVOLVED SIGNI- interaction dyna-
are conside- FICANTLY AND I’D LIKE TO STRESS THE ISSUING OF mics are fluid and
red “make it or
break it” fac- THE STRATEGIC GUIDANCE FRAMEWORK (SGF) AS sometimes obscure.
tors of every THE UNDISPUTED POINT OF REFERENCE FOR ALL Such dismal sta-
UN Mission, as te of affairs, cal-
they highlight UN POLICE ACTIVITIES IN PEACE OPERATIONS AND led for a more ef-
the importance SPECIAL POLITICAL MISSIONS.” ficient and targeted

of a thorough pre-deployment

selection and training of the spending most of their operational training, aimed not only at ho-
commanders and key positions. In activities waiting for directions on ning basic policing skills, but also
this sense, the 2018 Evaluation of how to proceed, unveiling once at providing fundamental com-
Formed Police Units (FPU) in Uni- again a worrying lack of initia- mand-and-control instruments
ted Nations Peacekeeping Opera- tive and leadership when facing and mission-specific capabilities.
tions1 observed a significant lack of and managing unexpected crises. In that perspective, the UN Po-
leadership and command quali- Last but not least, the condition lice doctrine has evolved signi-
ties, inadequate knowledge of po- of UN deployed Police Officers ficantly and I’d like to stress the



Main speakers: issuing of the Strategic Guidance

Framework (SGF) as the undispu-

• Commissioner Luis Carrilho, United Nations Police ted point of reference for all UN
Police activities in Peace Opera-
Adviser and Director of the Police Division, Department tions and Special Political Missions.
Yet, if this conspicuous doctrinal
of Peace Operations;
production addresses the mu-
• Mr. Mark Pedersen, United Nations, Chief of Integra- ch-felt need for guidance, on the
ted Training Service, Department of Peace Operations; other hand it demands, to bet-

• Brigadier General Giovanni Pietro Barbano, Director ter answer the needs from the
field, a consequent and consi-
of the Center of Excellence for Stability Police Units (Co- stent definition of descending for-
ESPU), Chair of the Police Board, Executive Committee mative standards and curricula.
of the International Association of Peacekeeping Trai- It is exactly in this frame that the

ning Centers (IAPTC); ongoing “UN Police Training Archi-
tecture Programme” is embedded.
• Commissioner Jun Tan, United Nations, Deputy Direc- The initiative, stemming from the
tor of the Police Division, Department of Peace Opera-
coordinated effort of UN’s Police
Division and Integrated Training

• Commissioner Ann-Marie Orler, United Nations, De- Service, supported by other UN
bodies and agencies, as well as
puty Director of the Police Division, Chief of Standing member states CoEs, training cen-
Police Capacity, Department of Peace Operations; ters and SMEs, intends to develop


modern Police training curricula “THE COESPU’S TRAINING REVIEW IS ALSO EXPLO-
that can better respond to emer- RING DIFFERENT INNOVATIVE PERSPECTIVES ON
ging challenges and new situations. POLICE PEACEKEEPING. INDEED, OTHER FACTORS
TC, the International Association THE CURRENT STAGE HAVE NOT BEEN PROPER-
ters, was actively involved in the COMMUNITY”
project since its onset, acting as
its main soundbox, relying on the Event Objectives:
Police Board, and its far-reaching
networking platform named “Po- • Introduce the United Nations Police Training Architecture
lice Group”. Indeed, the very in- Programme to the police training community worldwide;
troduction to the Programme was
presented during dedicated Po- • Showcase new innovative and inclusive approaches to
lice Days held in the margins of police training, including newly revised United Nations
the two last IAPTC Annual Con- Specialized Training Materials for Police (STM), recent-
ferences, namely the 24th in Au- ly completed Basic Strategic Guidance Framework
ckland2, in 2018, and the 25th in for International Policing (SGF) on-line course, and
Lima, the year after3. The subject job-specific training courses for police (under design);
will be discussed again during the
26th Annual Conference, to be • Bring together police peacekeeping trai-
held later this year in Bangladesh. ning experts for pooling of expertise and re-
Fully sharing and supporting sources as well as forging new partnerships;
the Programme’s rationale and
objectives, IAPTC engaged in it all • Explore and integrate different perspectives on poli-
its numerous associated centers, ce peacekeeping training with a view of strengthening
institutions and programs dedica- international and regional cooperation in this area.
ted to international police training.
Among them the CoESPU, the
Center of Excellence for the Sta-
bility Police units which I have the
privilege to direct, in line with its
pioneering spirit, and following the
groundbreaking thrust of the Pro-
gramme, has already started the
revision of its training offer, sha-
ping its courses to the newly identi-
fied requirements as also emerged
from the outcomes of the relevant
Curricula Development Group.
The CoESPU’s training review is
also exploring different innovative
perspectives on police peacekee-
ping. Indeed, other factors do he-
avily impacted UN missions, whi-
ch at the current stage have not
been properly addressed by the
peacekeeping training community.
Worth of mention is that, in present
conflict and post-conflict situations,




In April 2019, United Nations Police Training Architecture Programme was initiated to improve
current and develop new UN police training materials by ensuring its compliance with the Strate-
gic Guidance Framework (SGF) and other relevant UN guidance. This is a joint effort undertaken
by the United Nations Department of Peace Operations Police Division and Integrated Training
Service in close cooperation with United Nations Institute for Training and Research (UNITAR),
Office of the United Nations High Commissioner for Human Rights (OHCHR), and United Na-
tions Office on Drugs and Crime (UNODC); all United Nations Member States were invited to
join the Programme.

Within the framework of the UNPOL Training Architecture Programme, the creation of a training
network is planned, where the use of existing facilities, personnel and other resources can be
focused to better meet the needs of peace operations. Utilization of the International Association
of Peacekeeping Training Centres (IAPTC) platform is envisaged throughout the process, using
the annual IAPTC conference mechanism. The key role in this initiative is played by the Executive
Committee of the IAPTC, and namely by its Chair of Police Board, General Giovanni Barbano.
The Cairo International Center for Conflict Resolution, Peacekeeping and Peacebuilding (CC-
CPA), which serves as a Secretariat of IAPTC, also plays an important role in facilitating UN DPO
cooperation with IAPTC.

United Nations Police Training Architecture Programme consists of four projects and addresses
the improvement of current UN police training architecture with a view to enhance the perfor-
mance of all UNPOL officers deployed in the field. During the workshops, the implementation
progress of these projects will be presented.

UNPOL Day is organized with the agreement and in cooperation with the IAPTC Secretariat. Wi-
thin the framework of this initiative, a number of virtual workshops will be organized over a 24-
hour period for the benefit of police peacekeeping community worldwide. Every virtual workshop
will include the generic in-person, or pre-recorded presentation of UNPOL Training Architecture
Programme, followed by a Q&A session.

cultural heritage is routinely looted deliberate attacks to the very cul- of responsibility, scarce or no re-
or destroyed. The arson of Saraje- tural roots of ethnic minorities or spect for the environment is too
vo and of Timbuktu libraries with groups. Moreover, the lucrative often displayed, not only by local
the consequent loss of all precious illicit trafficking in plundered cul- fighting factions, but unfortunately
manuscripts therein housed, the tural artifacts directly or indirect- sometimes also by UN personnel.
blow up of the Buddhas of Ba- ly finances organized crime and The fundamental principle “Do No
miyan, the looting of the National terrorist groups, thus contributing Harm” is rarely applied in this re-
Museum of Iraq in Baghdad, and to their growing economic power spect: the carbon footprint of UN
the destruction of the ancient Se- and – as a consequence – tighte- missions is 1.75 million tons of
mitic city of Palmyra, represent not ning their grip on the communi- CO2 per year, same as for the City
only examples of the inestimable ties and empowering the threat of London, which encompasses
losses suffered by the world’s cul- they pose on peace and stability. an industrialized urban area with
tural heritage, but also a form of Likewise, in many mission’s areas some 10 million inhabitants, while


all peacekeepers around the wor- Paz (ALCOPAZ), the African Peace 1. United Nations Department of Peaceke-
ld counts only around 100,000. Support Trainers Association (AP- eping Operations / Department of Field
Deeming necessary to give pe- STA), and the European Associa- Support - POLICY, EVALUATION AND
acekeepers the proper tools to tion of Peace Operations Training TRAINING DIVISION, March 2018;
tackle said situations, CoESPU is Centres (EAPTC), could represent 32.. 1-4 October 2018;
complementing its training offer the suitable tools to enable the Se- 6-10 October 2019;
with courses and training modu- cretary-General’s vision and faci-
les on both Cultural Heritage and litate international and regional
Environmental Protection in Pea- cooperation in the field of training.
ce Operations, with this trailbla- In this perspective, CoESPU is
zing a hoped shift in that direction. strengthening its international co-
The possibility to incorporate dif- operation in peacekeeping trai-
ferent perspectives on UN Police ning through the engagement of
training highlights the importan- selected African and Asian coun-
ce of international and regional tries in a reinforced collaboration
cooperation, in line with the UN for the development of their trai-
Secretary-General’s commitment ning self-sufficiency, with a view on
to implement a light coordination their possible evolution into trai-
mechanism to facilitate improved ning hubs at regional or sub-re-
training and capacity building acti- gional level. The project is ongoing
vities between Member States, Tro- and the involved partners are tai-
op and Police-Contributing Coun- loring their training curricula and
tries, Capacity Building & Training structures to the new challenge.
providers, and the United Nations. Let me conclude drawing a fi-
Furthermore, the 2017 UNSCR nal overarching consideration on
2382, while resolving to continue the difficulties encountered in ef-
to promote and support the fina- ficiently delivering the manda-
lization and operationalization of tory pre-deployment training, in-
the SGF, stressed the importan- cluding that in favor of future or
ce of comprehensive pre-deploy- appointed leaders, at all levels.
ment training for all IPOs, FPUs The revised UN Specialized Trai-
and SPT, including specific training ning Materials for Police (STM)
on PoC, SEA and GBV, as well as represent a significant achieve-
child protection, appreciating to ment in this direction. In this sen-
this end the improved coopera- se, the experience, knowhow and
tion between the UN and interna- collected lessons learned acqui-
tional, regional and sub-regional rable through the active involve-
organizations and initiatives, inclu- ment of said international associa-
ding through training, sharing of tions – such as the IAPTC and its
experience, exchange of informa- regional training networks – could
tion, thematic expertise and ope- bring a significant added value.”
rational readiness, as appropriate.
To this aim, the IAPTC together PICTURES:
with the related, though indepen- -The CoESPU Magazine Team
dent, regional training networks, -UNPOL
such as the Association of Asia-Pa-
cific Peace Operations Training Giovanni Pietro Barbano
Centers (AAPTC), the Asociación BG- Italian Carabinieri
Latinoamericana de Centros de En- CoESPU Director and
trenamiento para Operaciones de IAPTC EC Police Board Chair




PoC and the Responsibility to med at preventing or responding appropriate collective action in a
Protect: commonalities and dif- to threats of physical violence.” timely and decisive manner and
ferences POC typically applies in situations in accordance with the UN Char-
of armed conflict. In a peacekee- ter. Since no country is immune to
by Savita Pawnday & ping context this must be done wi- the commission of atrocity crimes,
Jaclyn D Streitfeld-Hall thin the capabilities and areas of R2P applies to all states at all ti-
operations of the mission’s man- mes and through its three-pillar
The genocides in Rwanda in 1994 date, and without prejudice to the approach clarifies responsibility
primary responsibility of the host of different stakeholders involved.
and at Srebrenica in 1995, and the government to protect its civilians.
failure of the international commu- Currently, populations in many
nity to effectively respond to these The Responsibility to Protect, by countries are facing the risk of
tragedies, provoked states to de- contrast, is a global norm aimed mass atrocity crimes. From the
velop two protection regimes: the at preventing and halting geno- Central African Republic (CAR) to
Protection of Civilians (POC) and cide, war crimes, crimes against Myanmar, Syria, the Democra-
the Responsibility to Protect (R2P). humanity and ethnic cleansing. tic Republic of the Congo (DRC)
R2P stipulates that every state has and elsewhere, state and non-sta-
Though both of these protection the primary responsibility to pro- te actors perpetrate mass atro-
agendas were ultimately designed tect its populations from the four city crimes against vulnerable
with the intent of providing better mass atrocity crimes, the wider civilians. In many of these ope-
protection for vulnerable popu- international community has the rating environments, peaceke-
lations, they each have their own responsibility to encourage and epers are increasingly asked to
unique purpose. The Protection assist individual states in meeting deploy to protect civilians against
of Civilians involves the physi- that responsibility, and if a state is the four mass atrocity crimes in
cal protection of civilians through manifestly failing to protect its po- the context of their POC mandate.
“all necessary action, up to and pulations, the international com-
including the use of force, ai- munity must be prepared to take Six out of twelve current UN Pe-


ace Operations have POC at the nment to not stand idly by or use And what does each norm pro-
core of their respective mandates. sovereignty as a shield to prevent tect from? As noted above, R2P
These mandates demand that pe- action in the face of mass atrocity and POC are both designed
ace operations use both military crimes. The concept is articulated with the aim of protecting vul-
and humanitarian means to help in paragraphs 138 and 139 of the nerable populations. However,
foster a secure environment for UN World Summit Outcome Do- the concepts differ on the types
populations in their area of de- cument, which was unanimously of threats they protect against.
ployment. Several of these man- adopted in 2005. Since then, R2P
dates also refer to the primary has been invoked in more than 90 Within POC threats are defined as
responsibility of states to protect UN Security Council resolutions “any impending or potential physi-
their populations from mass atro- and 50 Human Rights Council cal violence against civilians.” This
city crimes. When a host state is resolutions on various country si- includes: threats to life (murder;
failing to uphold this responsibi- tuations, including Syria, Yemen, arbitrary, summary or extrajudicial
lity, in many instances it falls on DRC, CAR, Mali, Libya, etc., and executions); threats to physical inte-
peacekeepers to protect popula- in resolutions on thematic concep- grity (torture, rape, and other forms
tions from mass atrocity crimes. ts, including POC. Even when not of sexual violence, abduction, deli-
directly invoked, R2P has created berate deprivation); threats to free-
PROTECTION OF CIVILIANS a collective consciousness around dom (forced disappearance, arbi-
AND R2P the prevention of atrocities that has trary arrest, forced labor, restriction
While the Protection of Civi- helped pressure states, UN bodies, on freedom of movement); and
lians concept has been effectively and regional organizations to be threats to property (theft, looting).
established through International
tions, modern definitions of the TING GENOCIDE, WAR CRIMES, CRIMES AGAINST
concept – particularly within the HUMANITY AND ETHNIC CLEANSING.”
context of peacekeeping – rapi-
dly developed after the UN Secre- vocal and take action when evi- R2P is restricted to four mass atro-
tary-General’s first report on POC dence of atrocities emerges -- such city crimes: genocide, war crimes,
in 1999. During October 1999 the as mandating the UN missions to crimes against humanity and eth-
UN Security Council authorized its the Central African Republic (CAR) nic cleasing. Genocide includes
first peacekeeping mission with a and Mali while simultaneously en- acts committed in a deliberate
mandate to protect civilians from gaging in other diplomatic action. attempt to destroy in whole or in
imminent threat of physical violen- part a national, ethnic, racial or
ce when it passed Resolution 1270 Similarities and Differences religious group. War crimes inclu-
creating the UN Mission in Sierra Between R2P and POC de acts which constitute grave bre-
Leone. Over the subsequent twen- Since the development of POC aches of the laws and customs of
ty years POC has emerged as an and R2P were both motivated by armed conflict, particularly those
operational reality for many UN Pe- the same human tragedies and in violation of the Geneva Con-
ace Operations. POC is an activity gaps in capacity to adequately vention. Crimes against humanity
pursued by a variety of institutional respond and provide protection includes acts committed as part of
actors - including peacekeepers, to vulnerable populations, there a widespread or systematic attack
humanitarian agencies and NGOs are numerous overlaps in modes directed against a civilian popula-
- with the aim of contributing to of implementation. Nevertheless, tion, such as murder, torture, en-
the protection of communities cau- as a result of their distinct pur- slavement and persecution. Ethnic
ght in armed conflict and other poses, there are also notewor- cleansing, though not codified in
situations of extreme violence. thy differences between the two. international law, involves the sy-
stematic forced removal of distinct
R2P is a political commitment Under what circumstances does minority groups from a given ter-
made by heads of state and gover- each norm apply?



ritory, often with the intent of ma- other individuals and emphasizes the state in preventing atrocities
king it ethnically homogeneous. that no actor should be a target of (pillar two), and in responding to
atrocity crimes, regardless of their ongoing atrocities if the state is
Some acts which fall under the status. failing in its responsibilities (pillar
definitions of atrocity crimes may three). This includes regional or-
also constitute threats of physi- Who is responsible for protection? ganizations, such as the Europe-
cal violence against civilians, whi- For both norms, the pri- an Union and African Union, and
ch means that POC and R2P fre- mary responsibility for pro- various UN entities. Under R2P
quently overlap. However, POC tection lies with the state. the UN Security Council is given
typically applies in situations of special responsibility to authori-
armed conflict, whereas atroci- Within a peacekeeping context, ze collective action in response to
ty crimes can also happen in the POC involves multifaceted and atrocities, but actors like peaceke-
absence of violence, meaning R2P multi-layered protection. A diver- epers, other international forces,
applies everywhere at all times. se set of actors, including mili- sanctions experts, and the Inter-
tary, police and civilian person- national Criminal Court are called
Who is protected under each nel, such as humanitarian actors, upon to implement these actions.
norm? are called upon at different times
The Protection of Civilians by defi- to perform actions specifically tai- How might actors respond to
nition and its name, applies speci- lored to their role and capacities. threats under each norm?
fically to attacks against civilians. POC involves a variety of tasks,
R2P applies to a wider group be- R2P has a three pillar approach to including robust protection of civi-
cause states agreed that all po- protection and prevention. Beyond lians from the imminent threat of
pulations, not just civilians, re- the individual state responsibili- violence, conflict mitigation, mo-
quired protection from atrocity ty to its own populations (pillar nitoring and reporting of rights
crimes. This includes civilians, but one), a range of international ac- violations, early warning and as-
also combatants, refugees and all tors have a responsibility to assist sessment of risks to civilians, com-


munity engagement, and facilita- To operationalise the Atrocity Pre- crimes to anticipate where the thre-
tion of political processes and the vention Lens within UN Peaceke- at is coming from and to respond
implementation of peace agree- eping, in 2017 the Global Cen- to it effectively. The Atrocity Preven-
ments. Within missions with a POC tre launched a project aimed at tion Lens adds distinct operational
mandate, peacekeepers also have facilitating the inclusion of R2P and tactical value to peacekeeping
a responsibility to pursue all other and mass atrocity prevention wi- and the protection of civilians wi-
mission activities (e.g., humanita- thin pre-deployment training for thout adding to the immense re-
rian aid, ceasefires, disarmament, peacekeepers (military, police sponsibilities already undertaken
and capacity building) in a manner and civilian). Despite the evolu- by missions. By improving the way
that does not compromise civilian tion of UN peacekeeping doctri- that peacekeepers assess threats to
security. ne, a 2014 report of the UN Of- populations and patterns of activi-

fice of Internal Oversight found ty in their operating environment
R2P emphasizes the prevention that in 80 percent of the cases re- that may be risk factors for mass
of atrocity crimes through actions viewed, UN peacekeepers failed to atrocity crimes, this lens can con-
that reinforce good governance, uphold their POC mandates under tribute to early action and respon-
strengthen mechanisms for human Chapter VII of the UN Charter to se before a situation escalates.
rights protection, ensure accoun- use all necessary and appropria-
tability for and memorialization te measures to protect civilians. As a result of the subtle differences
of past atrocities, and generate In many circumstances, a lack of between R2P and POC, the appli-
cooperation among diverse com- training and/or guidance directly cation of R2P or an Atrocity Pre-
munities, etc. When atrocities are contributed to peacekeepers not vention Lens to peace operations
ongoing, tactics can enhance
to protect civilians “IN 2017 THE GLOBAL CENTRE LAUNCHED A the capacity of

mes are similar to to meaningfully
the role of hate spe-

ech in inciting vio- contexts whe-

lence and in the lead up to com- upholding their mandate to pro- re civilians are at risk of atroci-
mision of atrocities, UN missions tect civilians. Several of these POC ty crimes. The application of the
have incorporated monitoring mandates also reference a state’s Atrocity Prevention Lens enables
of hate speech as a tactic to pre- primary responsibility to protect protection actors to identify pat-
vent and anticipate escalation. its population, sometimes calling terns of threats and behavior as
upon the mission to assist in hol- they emerge and to deploy stra-
POTENTIAL OPERATIONAL IM- ding perpetrators of mass atroci- tegies to respond to these pat-
PACT OF R2P ON POC ty crimes accountable, but clear terns before atrocity crimes occur.

As advocates for the principle, the guidelines have not been develo- Within the peacekeeping context,
Global Centre for the Responsibili- ped for how peacekeepers should an Atrocity Prevention Lens brin-
ty to Protect implements and opera- implement an “R2P mandate.” gs a more tailored understanding
tionalizes R2P through the applica- of the broader political landsca-

tion of an Atrocity Prevention Lens. These recent challenges and failu- pe and how it relates to the natu-
Application of this lens includes as- res to respond to early warnings or re of the threats facing civilians.
sessing dynamics within the coun- halt mass atrocity crimes from oc-
try as they pertain to the risk and curring in South Sudan, DRC, CAR Understanding the nature of the
potential commission of mass atro- and elsewhere highlighted the threat to populations:
city crimes and guiding the actions need for peacekeeping personnel Utilizing the Atrocity Prevention
that need to be taken at the inter- to be trained not just in the pro- Lens grants protection actors a wi-
national, regional and domestic tection of civilians, but also in risk der scope of understanding of the
level to prevent their perpetration. factors and warning signs for these types of threats populations are



facing, which may require a dif- and religious minorities – to atro- tors to protect women and chil-
ferent kind of response. Through city crimes and what factors may dren from opportunistic attacks
tools such as the UN’S Framework put them at particular risk. The as well as the wider threat of sy-
of Analysis for Atrocity Crimes, de- Atrocity Prevention Lens increa- stematic mass atrocity crimes.
veloped by Office of the Special ses awareness of the special risks
Advisers on Genocide Prevention and needs of particular sections Identifying the patterns that lead
and the Responsibility to Protect, of the community, such as women to crimes:
protection actors can develop their and children. For example, women Whereas POC focuses on imminent
awareness of the political and so- are sometimes subjected to targe- risks to civilian populations and
cietal conditions that may incre- ted and systematic sexual violence how to respond to direct physical
ase the likelihood of atrocities or while engaging in daily activities threats, R2P assists actors in refra-
trigger their commission. By incre- such as gathering wood, carrying ming analysis and intelligence-ga-
asing their awareness of poten- water, picking crops, going to the thering in order to recognize pat-
tial triggers, actors can take steps market and/or attending religious terns of behavior that may precede
to prepare for possible increased gatherings. By raising their own mass atrocity crimes. This long-
protection needs before widespre- awareness, protection actors can term pattern recognition allows
ad violence is initiated. take simple steps to mitigate the protection actors to understand
risk of attack, such as through ti- when vulnerabilities may intensify,
This lens also assists in identifying ming their patrols around these what triggers conflict escalation,
particular vulnerabilities of cer- community activities. This stren- and how to protect civilians before
tain populations – including ethnic gthens the capacity of such ac- it occurs. Further, the Atrocity Pre-


vention Lens, not only have a greater chance of exist in implementation as well as
unlike POC, mitigating the risks to civilians, but how the international community
acknowledges they also have a wider range of to- collectively thinks about protection.
that threats to ols available to them by compari-
populations son to a later stage in a crisis. This PICTURES:
and crimes can means that their response to atro- -
occur even in city risks may be different than tho-
the absence of se currently utilized by actors pro- Savita Pawnday
active armed tecting civilians from imminent risk
conflict – this of physical violence. Early action Deputy Executive Director
raises the value can include small measures, such Global Centre for the
of the monito- as increasing patrols and presence Responsibility to Protect
ring and com- of the mission within communities.
munity enga- It can also include taking steps to Jaclyn D Streitfeld-Hall
gement work remove the means to perpetrate
done during crimes, such as through enforcing Research Director
times of pea- arms embargoes and implemen- Global Centre for the
ce, since actors ting disarmament programs, or Responsibility to Protect
may recognize addressing motives for committing
or observe on- crimes by launching community
going non-vio- engagement programs or recon-
lent abuses of ciliation initiatives to address local
a particular inter-communal grievances. When
population. missions convey early warning of
By understan- crimes to UN Headquarters it can
ding that cer- also trigger earlier resource mobi-
tain conditions lization or action by the UN Secu-
could trigger rity Council to amend the mandate
mass atrocity to meet new demands in the field.
crimes - for example disputes over
election outcomes - protection ac- CONCLUSION
tors are able to improve their si- Different protection agendas when
tuational awareness regarding applied to a situation together can
where and why crimes may occur, provide holistic protections to po-
allowing them to plan accordingly. pulations at risk. When framewor-
ks like R2P and POC are both ap-
Triggering early action: plied to assess risk and to respond
A result of having better recogni- to escalation they each address di-
tion of emerging threats is a gre- stinct gaps and protection needs.
ater capacity to take action and
respond before a situation esca- The clear complementarity betwe-
lates. If peacekeepers are able to en R2P and POC naturally lends
better identify potential perpetra- itself to these types of efforts -
tors, their targets, and their me- with their similarities allowing for
ans and motives for perpetrating more seamless blending of the two
crimes, it creates opportunities for agendas and their differences al-
early response and, in some cases, lowing each to build on the other’s
preventive action. By responding strengths. It remains important that
earlier, peacekeeping personnel we break the artificial silos that




The global pandemic and the of the arbitrary will of another, lation and the economy, requires
rule of law: a stress test for Law but freely follow his own.” 1 a profound reflection on the or-
Enforcement and NATO Stability ganisation and resilience of our
Policing? JOHN LOCKE 1632-1704 societies. In this globalised wor-
by Marco Codispoti ld such emergencies can spre-
Introduction. ad more quickly and recur much
“[...] the end of the law is, not to more frequently than in the past
abolish or restrain, but to preserve With “rule of law” (RoL) we cle- and provoke further pandemics,
and enlarge freedom. For in all the such as “hunger pandemic”, “ine-
states of created beings capable of arly refer to a principle of gover- quality pandemic” and a “pan-
laws, where there is no law there nance in which all persons, insti- demic of authoritarian rule”2.
is no freedom. For liberty is to be tutions, and entities, public and The emergency constituted an un-
free from restraint and violence private, including the State itself, precedented challenge with very
from others; which cannot be whe- are accountable to laws that are
re there is no law: and is not, as publicly promulgated, equal-
we are told, a liberty for every man
to do what he lists. (For who could ly enforced and independent-
be free when every other man’s
humour might domineer over “THE CURRENT PANDEMIC, WITH ITS DRAMATIC
him?). But a liberty to dispose, CONSEQUENCES ON THE POPULATION AND THE
and order as he lists, his person, ECONOMY, REQUIRES A PROFOUND REFLECTION
actions, possessions, and his who- ON THE ORGANISATION AND RESILIENCE OF OUR
le property, within the allowance SOCIETIES.”
of those laws under which he is,
and therein not to be the subject ly adjudicated, and which are severe socio-economic conse-
consistent with international hu- quences3 and further exacerbated
man right norms and standards1. state fragility, acting as a mul-
The current pandemic, with its dra- tiplier of force for pre-existing
matic consequences on the popu- vulnerability factors, not to men-


tion threats to vulnerable groups, of law to rule by law9. Examples res during the lockdown made it
domestic violence, civil disturban- of backsliding include attacks on more difficult for victims to escape
ces and riots, looting, cybercri- the independence of the judiciary, from aggression and receive as-
me and – due to the deteriorating lawyers and court officials, as well sistance from healthcare service.
security environment – any form as democratic society10.
of trafficking and counterfeiting. In these cases, where The pandemic, a stress test for
The sum of these threats poses governments responded Law Enforcement.
a number of challenges for the with an expanded role While fear leads government in ta-
Law Enforcement (LE)4, in the en- and the forceful pre- king restrictive measures to gain
tire world, based on the assump- sence of LEAs, challen- precious time for health systems to
tion that the concept of RoL is so- ges emerged, including adapt to the new challenges, socie-
mething to achieve for all states, perceptions of bias, di- tal values are under public scrutiny,
without distinction from stable or sproportionate use of turning the pandemic in a genuine
fragile/unstable5 ones. Ultima- force, and other human stress test for LE and its agencies
tely, Law Enforcement Agencies6 rights issues11. Under around the globe15. In case a fragi-
(LEAs), besides their daily routine these circumstances, le/unstable country needs to cross
tasks, are requested also to en- professional LEAs, trusted by and over a crisis and re-build its insti-
force sometime unpopular pro- responsive to the needs of society tutions, RoL is an important facili-
tective health restrictions, safe- are always critical to maintaining tator in this process. As matter of
guard public institutions, and RoL, ensuring legal certainty and fact, while in strong enforced RoL
lastly, protect themselves from clarity in public communication, societies, the citizens can rely on
the risk of COVID contamination. providing public safety, fostering effective, transparent, and accoun-
an environment in which gover- table institutions16, whenever crisis
Rule of Law vs Rule by law. nance can flourish, and providing hits weak or fragile/unstable states
Generally, to counter this trend af- situational awareness and crimi- that are unwilling or incapable to
fecting the already precarious he- nal intelligence12. This could help control the situation, the void that
alth situation and the perception to avoid aggravating social ten- is left unattended allows crime to
of insecurity, some countries have sions, grievances and underlying thrive and offers a bolthole for
introduced broad and someti- causes of conflict – and preventing extremists to further destabilize
mes draconian measures, namely conflict is perhaps an imperative an already weak country17. Simi-
larly, perceived inequalities in the
emergency laws, curbing freedom now more than administration of the law, and real
of movement, speech and assem- ever, as prospects or apparent injustices, are triggers
bly7 in the name of public health, for large-scale in- for instability, with consequences
further heightening the risk of au- vestment in con- also on military operations, whi-
tocracy8, risking descent from rule flict-management ch might support LE also in pea-
and post-conflict cetime. One example of the latter
recovery fall vi- is the case of “… distribution of
ctim to scarce re- emergency aid, medical supplies,
sources13. In ad-
dition, restriction
measures had
negative impact
on people’s men-
tal well-being, put
pressure on their
relationships and caused stress,
thus potentially contributing to an
increase in domestic violence also
called “Shadow Pandemic”14, as
the movement-limiting measu-



and economic stimuli provide am- do not riot as a spontaneous re- bal governance, there is the de-
ple opportunity for corruption and action when they are frustrated, gree to which organized crime
fraud. Without effective institutions or they do not get what they want. may use the breach created by the
that ensure transparency, accoun- Even when people are starving, political and social crises that the
tability and oversight, much of it this does not necessarily generate virus is bringing about to expand
will not reach intended beneficia- food riots. Rather, people need to its impact, and build its legitimacy
ries, deepening the social, medical feel that the way the crisis is being and reach with communities and
and economic crisis and compro- handled appears unjust and that governments alike. A number of
mising and delaying recovery18.  It they share a collective grievance organized criminal groups have
is then of paramount importan- with others in the same boat as traditionally attempted and succe-
ce that, both in a weak and in a themselves (their in-group). Se- eded in maintaining the monopoly
stable country, all actions taken by cond, they need to identify a cle- of control of illegal activities at the
a government and its LE officers in ar source (or outgroup) who is re- local level, by imposing protection
attempting to restore stability are sponsible for their plight and who on all types of economic busines-
legal and perceived as legitima- they can target20. As experience ses and corrupting local political
te. LE officers are more effectively showed, also prison riots started institutions. For some types of or-
able to carry out their duties and as consequence of the counter me- ganized criminal groups that are
responsibilities if they are percei- asures against the virus; new inter- traditionally linked to a specific
ved as having legitimate authori- nal rules imposing to the inmate’s geographical area, the control of
ty by the citizenry that they serve19. restrictions by cancelling the visits the territory remains their main
(hyper isolation of prisoners); lack strength and source of power. It is
Among other challenges posed of protective masks in the prison through territorial control that they
by the pandemic. system which lead to a few dea- will try to take advantage of the
As the COVID-19 pandemic spre- ths among the inmates. Actual- coronavirus crisis to infiltrate the
ad, LE had to take unpreceden- ly, according to the “breakdown” medical supply chain, penetrate
ted steps to enforce restrictions perspective, riots occur when the- the legal economy, gain access to
and contain people’s anger and re is a breakdown of consensus national resources and, in gene-
violent reaction, which may con- between the prison administration ral, influence post-COVID-19 po-
licies for their own benefit. To en-
tribute to weaken institutions and and incarcerated people, which force this form of territorial control,
government action, and to pre- leads the administration to shift these criminal groups often need to
vent organized crime to exploit towards coercive methods of con- build the image of a sort of “state
the voids created by the crisis to trol, making prisoners feel that they within the state”, able to provide
expand its impact, build its legiti- have nothing to lose by rebelling21. aid and support to the local com-
macy and spoil communities and Among other hard challenges to munity and, at the same time, di-
governments alike. A large body the global community and to glo- scourage any form of criticism and
of evidence shows that people dissent through intimidation and
violence22. The financial crisis and
the potential bankruptcy of several
enterprises, shops and economic
activities, may represent further
opportunities for organized crime
to penetrate and infiltrate the legal
economy. Moreover, organized cri-
me has been able to exercise direct
or indirect control over key econo-
mic activities in fragile sectors, in-
cluding the food distribution chain
and the food processing and ma-
nufacture. It is expected that crimi-


nal groups will try to profit at the ted during the current pandemic24. cess29; consequently, the Judiciary
maximum from these prospects, and LE structures could progres-
infiltrating sectors that have a high Stability Policing25 plays a funda- sively lose their effectiveness. To
mental role in this regard, one of the conclusions
potential of becoming strategic enforcing the assessed in the Spoiler threats As-
after the pandemic by responding RoL in fragile sessment - summary report”, is-
to potential food or other com- states. sued by NATO SP COE, was inde-
modities’ shortages created by According ed, “Stability Policing can play an
lockdowns and economic crisis to the 2010 important role in the early spoiler
in different parts of the world23. NATO Stra- assessment and identification pha-
As matter of fact, in the local go- tegic Con- se and in putting in place effective
vernance space, there are three cept, NATO mitigating measures against them,
categories of actors operating in- will actively especially if the spoilers belong to
terdependently: the state with its employ an categories such as Criminalised
institutions, local authorities and appropriate Power structures”30. The last sen-
LE; the civil society; and the lo- combination tence implies that the stability of
cal-strongmen that challenge legi- of capabili- these states depends, above all,
timate authority, often in the form ties “to help on the commitment of their insti-
of organized crime. In places whe- manage deve- tutions to promote an acceptable
re state institutions are strong, the standard of governance. The con-
latter category is kept under control loping crises before they escala- ditions may span from a failing to
and distant from people’s every- te into conflicts, to stop on-going recovering state. In the “Failing
day lives, though never entirely conflicts and to help consoli- States”, the condition is still viable
absent, whilst in weak states, there date stability in post-conflict si- but it is characterised by a reduced
are fewer barriers and greater op- tuations where that contribu- capability and capacity to protect
portunities for criminal strongmen, tes to Euro-Atlantic security”26. and govern the population. Based
who see the pandemic more as The above-mentioned concept is on the situation, a failing state may
an opportunity rather than as an also highlighted in the AJP 3.22, transition to a recovering or a fai-
ordeal. The same applies to ter- which states “Stability Policing ope- led state31. The latter could more
rorists, who have always used the rations can be performed across easily appear if the cause of thre-
aftermath of humanitarian emer- the full spectrum of operations, and ats are left unaddressed and lead
gencies to strengthen their ties in could start when the environment is to civil war or other conflict while
the communities and to leverage still unstable”. Indeed, in “unstable institutions are unable to effectively
national governments for grea- states”, the previous list of threa- govern and protect the population.
ter influence, as also demonstra- ts27 will likely deteriorate the rule In contrast, it will turn into a reco-
of law and spoil28 the Peace Pro-



vering state when general situation One of the conclusions of the sions with the aim of establishing

of the country is moving toward “Brahimi Report”33, which intro- a SASE, come as support indeed,

normalcy but may have an imper- duced the concept of the “securi- to better train and equip professio-

fect level of viability. To this regard, ty gap” and the requirement for a nal local LEAs as part of NATO’s

a key consideration is whether the new peacekeeping structure, was contribution to a comprehensive

population considers the level of that the lack of qualified and ra- approach34, which means a com-

protection and governance ac- pidly deployable police capacities bination of military and non-mi-

ceptable normal and legitimate. resulted in a serious deficiency in litary actors, such as NGOs, IOs,

In fact, as stated in NATO Allied several international peacekee- and local agencies along indige-

Joint Doctrine for Stability Policing ping and peace building missions. nous and international police for-
- AJP 3.22: “The prospect of long- The policing gap illustrates the ces. That implies a respected legal
term stable governance only occurs lack of indigenous police capabi- framework is essential to gain the
when influence is exercised over a lity to provide a Safe and Secure support of the local population as
population and territory by Environment (SASE), public secu- a key element for the success of
methods viewed as
broadly legitima- “STABILITY POLICING PLAYS A FUNDAMENTAL ROLE the mission. Inde-
te by the majority IN ENFORCING THE ROL IN FRAGILE STATES. AC- ed, “Throughout the
of the governed. spectrum of confli-
CORDING TO THE 2010 NATO STRATEGIC CON- ct the initial goal of
The rule of law, CEPT, NATO WILL ACTIVELY EMPLOY AN APPROPRIATE stability policing is
based on three pil- to re-establish and
lars (LE, judicial, COMBINATION OF CAPABILITIES TO HELP MANAGE maintain sufficient
and correctional) DEVELOPING CRISES BEFORE THEY ESCALATE INTO security for the lo-

must be addres- CONFLICTS, TO STOP ON-GOING CONFLICTS AND cal populace. Se-
sed concurrently, condly, stability po-
is fundamental to TO HELP CONSOLIDATE STABILITY IN POST-CONFLI- licing re-establishes
legitimate gover- CT SITUATIONS WHERE THAT CONTRIBUTES TO EU- law and order and
nance, and may be RO-ATLANTIC SECURITY”. strengthens the rule

institutionalized in of law through rein-
varying forms dependent upon the rity and the RoL. Stability Policing forcing local security institutions.
social, cultural, and political cha- is intended to close the policing In this view, lasting stability can
racteristics of the particular society. gap. Indeed, the purpose of RoL be achieved, under the policing
Legitimacy is ultimately defined by operations is to foster security and perspective, by preventing violen-
the local population rather than stability for the civilian population ce, protecting borders, personnel,
by the externally imposed criteria. by restoring and enhancing the ef- key institutions, tackling organised
fective and fair administration and crime, countering terrorism. Ove-
enforcement of justice. To reach rall stability may only be achieved
The security gap32. these targets there must be through a broad range of initiati-

synchronization and synergy ves extending beyond policing acti-
between efforts to restore, vities35. Is it not the same case in

reform, and assist the court the midst of a harsh pandemic?

and legal system and efforts Developing sustainable good and

to restore, reform and assist sincere relations with the local po-

the public safety system. A pulation within the area of respon-

judicial system is powerless sibility is a strategic goal that the

without an effective public Stability Policing assets must achie-

safety system, while a public ve. This will help insulate adver-

safety system is not legiti- saries like criminals, terrorists or

mate without a fair and ef- insurgents from the sane popu-

ficient judicial system. Here, lation. This last concept relies on

SP assets conduct LE mis- the Peelian principles, which define


itable robust tool to ensure SASE
and to strengthen the RoL by rein-
forcing local security institutions39.

policing by consent as base of the affected by the pandemic outbre- Conclusions.
LE36. Also in NATO operations, RoL ak. Through such a capability wi- As we said, the concept of RoL is
activities aim to foster security and thin the Alliance, the NATO mem- something to achieve for all states,
stability for the civilian population bers and partners might request not just for fragile/unstable ones. It
and require a comprehensive ap- the Alliance’s support in terms of can play, at the same time, the fun-
proach, involving not only the Al- Stability Policing expertise for assi- damental role of enabler of peace,
liance but the whole international sting in identifying ways that NATO justice, and inclusion being able to
community and the Host Nation. might provide any support within provide a perimeter of legitimacy
Indeed, the Allied armed forces their Nations, focusing mainly on of the restrictive measures taken in
are playing a vital role in suppor- a possible support to military and response to the pandemic that hit
ting national civilian responses. police forces involved in counte- every country in the world, ultima-
“This support includes logistics and ring the pandemic challenges”37. tely bolstering their effectiveness
planning, field hospitals, the tran- Finally yet importantly, the primary through increased compliance.
sport of patients, disinfection of pu- responsibility for enforcing dome- This implies that RoL also requires
blic areas, and at border crossings. stic criminal and public order law that law be understood as a coo-
Moreover, NATO Comprehensive rests with police forces and Gen- peration of institutions. The same
response plan includes all NATO darmerie Type Forces (GTFs)38 that applies to NATO Stability Policing
capabilities in which Stability Poli- are specifically organized, trained when deployed. Indeed, just like a
cing might play a relevant role in and equipped for these functions. cooperative enterprise, the legisla-
collaborating with the LEAs of the This is why, in fragile/unstable tor, the officials and citizens have
Allies and Partners when they are states, the GTFs represent the su- each one a specific role: to dictate
general and practicable rules, to
interpret them and apply them in
a suitable way, and take them as a
guide for his or her own behaviour.
In this regard, the effectiveness of
government measures to contain
the virus and Build Back Better de-
pends, above all, upon the capa-
city of the LEAs, to provide tran-
sparent effective and accountable
actions, in adherence with the rule
of law. In fact, the latter nurtures
trust in institutions and underpins
a social contract among citizens,
both indispensable to solving a pu-
blic health crisis like the COVID-19
pandemic in which a collective ap-
proach is the only way to contain
and control the disease. Whene-
ver deployed in unstable state,
during emergency crises or in the
normalcy, with the largest impact
on the day-to-day lives of the po-
pulation, LEAs fundamental role
must remain to provide the feeling



of security and justice by acting truly uncertain, in the specific sense that somehow being above the law, and
in favour to the populace, accor- has the power to create and execute
ding to three principles: legality40, the wide range of possibilities depends law where they find it to be convenient,
accountability and transparency. on unpredictable non-economic factors.
With the same assumptions, Sta- And it is truly global: despite how the despite the effect it has on larger free-
bility Policing plays an active role doms that people enjoy. To expand on
in fragile states whenever given an 2007–2009 crisis is generally por- this idea, rule by law is a method that
executive mandate bestowed by trayed, many countries did not actually
the UN Security Council Resolution experience it, not least in Asia. Report governments and people in power use
through the Alliance. In the stormy to shape the behaviour of people, and
sea created by huge emergencies, on the comprehensive economic policy in terms of governing a country, mass
the RoL must remain the beacon response to the COVID-19 pandemic
that orients navigators and offers groups of people. This usually has the
law based responses to the crisis. end goal of psychologically or forcefully
press/press-releases/2020/04/09/ persuading people to agree with policy
nomic-policy-response-to-the-co- decisions they otherwise would not agree
4. vid-19-pandemic/ 10. See, for example, International IDEA,
For the purposes of this article, “law ‘Global Monitor of COVID-19’s Impact
enforcement” was intended as “the
activities by authorised entities to compel on Democracy and Human Rights’,
compliance with a law, excluding the dices/#/indices/world-map
Judiciary”. Not a NATO agreed term 11. COVID and the Rule of Law:
5. According to the Organisation for Eco- A dange-
rous Balancing Act
nomic Co-operation and Development fr/node/80635
(OECD) “a fragile region or state has 12. Allied Joint Doctrine
weak capacities to carry out basic gover- for Stability Policing
(AJP 3.22)
nance functions, and lacks the ability to 13. COVID and the Rule of Law: A dange-
develop mutually constructive relations
Disclaimer: this paper is a product of the with society. Fragile regions or states rous Balancing Act
NATO Stability Policing Centre of Excellen- fr/node/80635
ce and its content does not reflect NATO are also more vulnerable to internal or 14. UN Women, the United Nations entity
policies or positions, nor represent NATO external shocks such as economic crisis
in any way, but only the NSPCoE or au- or natural disaster”.  Fragility refers to dedicated to gender equality and the
thor(s) depending on the circumstances. empowerment of women, launched
a wide array of situation: countries in the Shadow Pandemic public aware-
PICTURES: crisis, countries at war, reconstruction
-NATO SP CoE context, humanitarian and natural crises, ness campaign, focusing on the global
increase in domestic violence amid the
situations of extreme poverty. In NATO COVID-19 health crisis. The Shadow
environment, the term “unstable state”
is used, rather than “fragile state”, to Pandemic: Violence against women
during COVID-19. Since the outbreak of
describe, “a state with weak capacity COVID-19, emerging data and repor-
to carry out the basic state functions of
governing a population and its territory ts from those on the front lines, have
shown that all types of violence against
and that lacks the ability or political will women and girls, particularly domestic
1. John Locke, The Second Treatise of Go- to develop mutual constructive and rein-
forcing relations with society” (Oxford violence, has intensified. https://www.
vernment, C.B. McPherson ed. (Cambrid-
ge 1980) chapter 6, paragraph 57. Dictionary definition). Therefore for the
2. Polypandemic – Munich Security Report purposes of this article both “fragile” cus-gender-equality-in-covid-19-respon-
Special Edition on Development, Fragility and “unstable” terms are used with the vid-19
same meaning 15. Rule Of
and Conflict in the Era of Covid-19- 6. For the purposes of this article Law Law In Tough Times – A Case
Sophie Eisentraut Luca Miehe Laura
Hartmann Juliane Kabus November Enforcement Agencies are intended Study On The Romanian Sanctioning
Policy During The Covid-19 Pandemic
2020 “any government agency responsible for – Laura ȘTEFAN Cezara GRAM https://
3. “This devastating recession does not the enforcement of the laws”
have an economic origin”. It will dance 7. Rule of Law and COVID 19 Policy Brief-
largely to the tune of non-economic International Development Law Organi- 16. …that can defend liberty and provide for
zation IDLO, pag.8
factors, and is truly global. The crisis 8. Anna Luhrmann and Bryan Rooney, ‘Au- 17. public safety, including public health…
has resulted from a policy to tackle a Polypandemic – Munich Security Report
health emergency through containment tocratization by Decree: States of Emer-
gency and Democratic Decline’, 2020, Special Edition on Development, Fragility
measures. Hence characterisations such and Conflict in the Era of Covid-19-
as “putting the global economy into an pages 1 and 11, available: https:// Sophie Eisentraut Luca Miehe Laura
induced coma” or “into hibernation”…. Hartmann Juliane Kabus November
And it has induced contractions in output 1d/311d5d45-8747-45a4-b46f- 37aa-
7ad8a7e8/wp_85.pdf. See also: Richard 18. 2020
and employment that have been even Youngs and Elene Panchulidze, ‘Global COVID and the Rule of Law: A dange-
steeper than those during the Great De-
pression. All this means that, in contrast Democracy & COVID-19: Upgrading rous Balancing Act
to the Great Financial Crisis (GFC) of International Support’, 2020, available: 19.
2007–2009, the present crisis has three Global_democracy_covid-19_ report_FI- TL261/better-policing-toolkit/all-strate-
key features. It is truly exogenous, not
the result of the unravelling of previous NAL_WEB 20. gies/legitimacy-policing/in-depth.html
financial imbalances—the typical reces- 9. In contrast, Rule by Law is a concept NATO SP COE – COVID 19 LL Data
Collection plan
sion trigger since the mid-1980s. It is that sees the governing authority as


21. Pages/HomePage.aspx of violence, to the peace agreement, fectively combines political, civilian, and
M.Colvins “The penitentiary in crisis: and its related implementation”
from Accommodation to Riot in New 30. On 8-9 October 2019, NATO SP COE, military crisis management instruments
Allied Joint Doctrine for Stability Policing
Mexico” Albany N.Y. State University of supported by NATO’s HQ SACT as AJP 3.22
New York press Customer, successfully conducted a 35. Allied Joint
22. Francesco MARELLI, How organized high-level conference involving the main Doctrine for Stability Policing
AJP 3.22
crime is expanding during the covid-19 IOs responsible for providing security 36. “The police are the people, and the
crisis – United Nations Interregional (UN, NATO, EU and AU), in close colla-
Crime and Justice UNICRI boration with other national organiza- people are the police”. According to
This cynical opportunism in Robert Peel’s policing vision, “Policing by
23. times of tions such as the US Special Inspector consent” indicates that the legitimacy of
crisis is by no means unprecedented General for Afghan Reconstruction
– mafia groups have long used the (SIGAR). The Conference’s purpose, policing in the eyes of the public is based
upon a general consensus of support
aftermath of humanitarian emergencies entitled “Assessment of Spoiler Threats: that follows from transparency about
to strengthen their ties in communities A Shared Requirement”, was aimed at
and to leverage national governments bringing together UN, NATO, EU and their powers, their integrity in exercising
those powers and their accountability for
for greater influence. The Yakuza gangs AU practitioners in order to discuss the doing so
have been renowned first responders assessment processes (including tools) 37. NATO SP
during earthquakes and tsunamis in Ja- that can be used from the earliest phases COE – COVID 19 LL Data
Collection plan
pan; the Jalisco cartel distributed aid to of the planning process by these IOs to Pages/HomePage.aspx
hurricane victims in western Mexico last identify potential spoiler threats that can 38. An armed force established
year; meanwhile, al-Shabaab provides impact an operation. Its main conclusion to enforce
the law and that, on its national territory,
relief and distributes food assistance was the recognition and mutual agre- permanently and primarily conducts its
during Somalia’s cyclical droughts ement of the requirement to develop a coordinated process for assessing spoiler activities for the benefit of the civilian
population (draft definition)
covid-19-strengthen-civil-society-in-a-ti- threats affecting the end-states of any 39. In fact, “the rule of law, based on
me-of-unprecedented-change-and-un- international mission
dermine-criminal-governance/ 3312.. Allied Joint Doctrine AJP 3.22 three pillars (law enforcement, judicial,
Attacks conducted by terrorists The need for the NATO to be endowed and correctional) must be addressed
24. and other concurrently. It is indeed fundamental to
violent non-state actors have certainly with a military capability of civil police
not ceased. In fact, in Mali, for instance, clearly emerged during the SFOR opera- legitimate governance and may be insti-
tutionalised in various forms dependent
the first seven months of 2020 saw more tion in Bosnia and Herzegovina. In 1997, upon the social, cultural, and political
fatalities than the whole previous year. the Allied Command Europe identified
In West Africa and the Sahel, groups like the so called “security gap” in the field of characteristics of the particular society.
Legitimacy is ultimately defined by the
Boko Haram and the Islamic State West public order and security. The “security local population rather than by external-
Africa province continued with “routine gap” was the grey area between the
attacks” following a grim pre-pandemic SFOR military capabilities, on the one 40. ly imposed criteria (AJP 3.22)
trend. The current worsening situation in hand, and the UN IPTF mission, with no The quality or state of being legal.
Oxford definition
Afghanistan is self-explanatory executive powers, as well as the capabi-
25. Police related activities intended to rein- lities of the local police forces, often ei-
force or temporarily replace Indigenous ther incapable of or unwilling to enforce
Police Forces in order to contribute to the the law, on the other hand. In this grey
restoration and/or upholding of public area nobody either could or wanted to
order and security, rule of law, and take responsibility. The gap was bridged
protection of human rights (Allied Joint by a military unit capable to perform the
Doctrine for Stability Policing, AJP 3.22 – typical tasks of the civil police: the NATO
NATO agreed) Multinational Specialized Unit (MSU),
26. Active Engagement, Modern Defence: made up of gendarmerie-type forces
Strategic concept for the defence and (GTF – also called police force with a
security of the members of the NATO, military status, PFMS), which are military
adopted by heads of state and gover- forces with full civil police capabilities.
nment at the NATO summit in Lisbon, Since then, this model has been imple-
19-20 Nov 2010 mented several times and the deployed
2287.. See the previous chapter MSUs have received the contribution of
The Spoiling behaviour describes the the MP and of infantry forces trained
act of spoilers who are “individuals that for the specific mission. Therefore, the
have the power to negatively impact concept itself of military forces perfor-
the peace process both willingly and ming police duties to cover the “security
unwillingly. Spoiling behaviours include gap” has evolved in the current notion of
violent and non-violent methods”. Wor- Stability Policing
king definition. NATO SP COE Asses- 3334.. Issued on 21 August 2000
sment Of Spoiler Threats 2020 LL Branch Marco Codispoti
- Summary Report https://nllp.jallc.nato. NATO has learned from its operational
experience that military means, although Capt. - Italian Carabinieri
int/Pages/HomePage.aspx essential, are not enough on their own NATO SP CoE Lessons Learned
29. For the purposes of the NATO SP COE to meet the many complex challenges to Analysis, Evaluation &
Assessment Of Spoiler Threats 2020 LL the Alliance’s security. Both within and Experimentation Section Staff
Branch - Summary Report , the Peace outside the Euro-Atlantic area, NATO Officer
Process is intended “the entire spectrum must work with other actors to contribute
of activities ranging from the reduction to a comprehensive approach that ef-



The “Stability Policing Day” was ni Pietro Barbano, Eurogendfor distancing, also thanks to a mas-
Commander, Carabinieri Colonel sive use of telematic working tools.
a one-day initiative about the spe- Giuseppe Zirone, and NATO SP Based on the experience gained in
cific topic, carried out jointly by CoE Director, Carabinieri Colo- international peacekeeping mis-
the three entities coexisiting in thenel Giuseppe De Magistris, with sions, the concept of “stability po-
“Chinotto” barracks, that is, in ad- the following in-depth analysis of licing” provides, in the context of
dition to CoESPU, the NATO Center the issues by three joint working the “comprehensive approach” to
of Excellence on Stability Policing groups made of Italian and forei- crisis management, especially in
and the Europe- gn personnel, coordinated by US destabilized
an Gendarmerie Army Colonel Rebecca D. Hazelett, areas resul-
CoESPU Deputy Director, who also
STABILITY POLICING DAYForce Permanentsupervised the entire organiza- ting from
tion of the day, which took place conflicts, the
Headquarters in full compliance with due social use of po-
(Eurogendfor). lice forces
as a privi-
APRIL 27, 2021The activities, leged in-
strument to
opened by a vide- restore to the population security
oconference-spe- and trust, which are at the basis
ech from Rome by the Carabinieri of any hypothesis of reconstruction
Deputy Commander General, Lt. and re-foundation of civil society.
Gen. Enzo Bernardini, were orga- In fact, as highlighted by Lt. Gen.
nized throughout the day under Bernardini in his speech, the fun-
the joint guidance of CoESPU Di-
rector, Brigadier General Giovan-


ction of “stability policing” in its Carabinieri, stand out specifically. joint cooperation were identified,
various applications, represents a The important in-depth studies on further strengthening, also at an
modern and essential global se- this topic of significant importance international level, the role of the
curity factor thanks to the peculiar also for the international projection “Chinotto” barracks as the only in-
abilities to support the governan- of the Carabinieri, carried out with ternational doctrinal reference hub
ce of unstable areas, expressed by a synergistic approach by CoESPU, for “stability policing”, thanks to
the tactical level of internal secu- NATO SP CoE and Eurogendfor the synergistic impulse guaranteed
rity up to the strategic and institu- Headquarters, have allowed to hi- by the three commands that are
tional one, with a systematic and ghlight and share the most recent based there, in this period all led
harmonious approach focused, developments at both doctrinal by Carabinieri high-rank Officers.
in particular, on the training and and operational level, gained in
support of local security forces. the international organizations of
In this broad spectrum of activi- reference in the field of peace ope-
ties, the particular enabling ca- rations (UN, NATO, EU and AU).
pabilities of military forces with Then, in perspective, the possible
police capabilities, such as the areas of further comparison and







Protection of Civilians and Re- singly integrated with each other to national armed conflicts in whi-
sponsibility to Protect: the role form the so-called “International ch regular forces of a state are
of NATO Stability Policing in pro- Humanitarian Law”, which was confronted with non-state armed
tecting the civilian population the first legal reference to be used groups have greatly increased.
to foster acting directly towards In modern, non-linear confli-
by Nicola Bonomi and in favour of the civilian po- cts, the civilian population al-
pulation, considering it as one of most immediately becomes a vi-
Introduction the subjects involved in warfare ctim of violence, both indirectly
and suffering its consequences. as a result of armed clashes, but
International law and the interna- The first and immediate outcome also directly, often being inten-
of any conflict is the subversion tionally targeted by belligerents.
tional community began to actively of the set of freedoms, rights and The protection of civilians in ar-
deal with the events involving the guarantees that are indicated by med conflicts has therefore beco-
civilian population in conflicts as the term “human rights”. Therefo- me one of the major challenges
early as the second half of the ni- re, the need arose to dictate some for the international community.
neteenth century. In fact, the first form of regulations in case of war, The international community has
references to the need to adopt ru- especially for those aspects of war- begun to question how to effecti-
les having as their object the limi- fare which affect civilian popula- vely protect the citizens of a state
tation of conflict-related violence tions. In addition to this, “classic” whose human rights are seriou-
and the protection of war victims war, a conflict where the armed sly and systematically violated.
date back to this period. In this forces of two or more States face The result has been a series of do-
sense, the “Hague Law”1 and the one another, has become rare. On cuments which reaffirm the need
“Geneva Law”2 have been increa- the other hand, hybrid non-inter- to protect human rights and which


seek to identify tools which support single context, aimed at reinfor- principle of sovereignty and the
the effective implementation of cing the protection of the people3. protection of human rights was ad-
protective actions. At the core of the This concept drives the shift of the dressed by the International Com-
new concept lies a two-dimensio- attention from a state-centred to a mission on Intervention and State
nal understanding of State respon- people-centred approach to secu- Sovereignty. In the report that fol-
sibility: the primary role of the sta- rity; the security of the internatio- lowed the work of the commission,
te itself; its responsibility to protect nal community must focus on is the the theme of “responsibility to pro-
its citizens from atrocities, and the one that allows the population to tect” emerged for the first time5.
responsibility of the international live free from both fear (of physical, This new doctrine is based on
community to prevent and react to sexual or psychological abuse, vio- the idea that sovereign States are
massive human rights violations. lence, persecution, or death) and responsible for protecting their
from want (of gainful employment, population from serious viola-
Responsibility to Protect food, and health). Human Securi- tions of human rights and, in the
One of the most important de- ty therefore deals with the capacity event that they are unwilling or
velopments in world politics over to identify threats, to avoid them unable to guarantee it, this re-
the past decades has
been the spread of the when possible, and to mitigate sponsibility must be taken over
twin ideas that State so- their effects when they do occur4. by the international community.
vereignty comes from After the tragedies in Rwanda and In addition to this, in 2004 the
accountability, both in- the Balkans in the 1990s, a serious emerging norm of a responsibili-
ternally and internatio- debate led to the formulation of the ty to protect was endorsed by the
nally, and that there is “responsibility to protect” concept, United Nations General Assembly,
a global responsibility which contributed to overcoming stating that there is a collective in-
to protect people thre- the protection of a single national ternational responsibility “exerci-
atened by mass atro- interest, in favour of an obligation sable by the Security Council, au-
cities. For this reason, for States to defend and protect thorizing military intervention as a
the primary responsi- every individual on a global scale. last resort, in the event of genoci-
bility for the protection The delicate question of the rela- de and other large-scale killing,
of its population rests tionship between respect for the
with the State itself. And
when a State is unable
or unwilling to fulfil this
responsibility – not to
mention if it is the actor
itself of the violations -
the international com-
munity must take action
to ensure the safety and se-
curity of that State’s citizens.
The recognition of security of in-
dividuals as the ultimate referent
object finds its overarching gui-
delines in the UN Human Security
concept, which is the methodology
for assisting States in identifying
and addressing a wide range of
threats to people’s survival, nou-
rishment and dignity. This concept
requires comprehensive and pre-
ventive responses tailored to the



so today, also because it is clear

to everyone that violence against

civilians contributes to endless

cycles of conflict and instability.

Protection of vulnerable groups, in-

dividual freedoms, and fundamen-

tal human rights have been areas

in which, in recent years, NATO

has developed policies and gui-

delines, which are reflected in the

planning and conduct of today’s

missions. The NATO Protection of

Civilians (PoC) Policy was a product

of the 2016 Warsaw Summit and

it addresses many of the concerns

ethnic cleansing and serious vio- the late 1990s. Since then NATO related to these sensitive issues,
lations of humanitarian law whi- has made considerable efforts to while also providing guidelines for
ch sovereign governments have integrate civilian protection at the the planning and conduct of mili-
proved powerless or unwilling to theoretical and doctrinal level, tary operations, within which Sta-
prevent”6. These conclusions have and finally this important princi- bility Policing has a relevant role.
also received formal recognition ple has been operationalized and The aim of NATO’s PoC policy is to
and endorsement from the Uni- institutionalized on the ground. standardize and strengthen NATO
ted Nations General Assembly7. NATO has translated the theoreti- civilian protection and harm-miti-
Since its formal adoption, the cal and principled indications set gation efforts, including capabili-
doctrine of responsibility to protect out over the years into practice and ties to learn from those operations
has also been repeatedly recal- has encompassed the ideas of va- that have affected civilians and to
led by the United Nations Security rious reports and resolutions into adapt tactics to avoid harm. It en-
compasses a wide range of acti-
Council and by the
General Assembly, IN WORLD POLITICS OVER THE PAST DECADES HAS including the use
which outlined a BEEN THE SPREAD OF THE TWIN IDEAS THAT STA- of force to pre-
“three-pillar stra- vent, deter, and
tegy” (responsi-
bility to prevent, TE SOVEREIGNTY COMES FROM ACCOUNTABILITY, respond to situa-
responsibility to tions where civi-
react and respon- BOTH INTERNALLY AND INTERNATIONALLY, AND lians experience
sibility to rebuild)8, THAT THERE IS A GLOBAL RESPONSIBILITY TO PRO- or are threate-
necessary for its
cal violence9.
progressive deve-
lopment. This tripartite strategy key documents that facilitate their Protection of civilians within the
places emphasis on the value of application in real-world missions. NATO framework is defined as all
prevention and, when this is not As an organization committed to efforts taken to avoid, minimize
effective, on a flexible respon- peace and security, NATO is de- and mitigate the negative effects
se adapted to the specific circu- eply interested in the application that might arise from military ope-
mstances of the individual case. of international law, particularly rations on the civilian population
with regards to International Hu- and, when applicable, to protect
manitarian Law (IHL) and Human civilians from conflict-related phy-
NATO Protection of Civilians
As noted above, the concept of Rights (HR). The protection of ci- sical violence or threats of physi-
civilian protection occupied a vilians has been the subject of cal violence by other actors, inclu-
central position in the concerns much attention within the Alliance ding through the establishment of
of the international community in in the recent past and even more a safe and secure environment10.


The definition is intended to focus the protection of populations from that does not include specific san-
primarily on two types of threats mass atrocities such as genocide, ctions or strategies and should be
the policy seeks to address. Firstly, war crimes, crimes against hu- adapted to each individual case.
it seeks to mitigate the negative ef- manity and ethnic cleansing. On Based on its NATO has develo-
fects that could result from NATO’s the other hand, the international ped a specific policy on the matter
own actions. Secondly, it addres- community has the responsibility which acknowledges that civilian
ses protection from physical harm of assisting States in fulfilling this protection is a cross-cutting topic,
that can result from the action of responsibility and possibly repla- equally relevant to the Organisa-
others. The Alliance’s PoC Policy cing them when their work is ina- tion’s overarching core tasks12.
therefore goes far beyond simple dequate or blatantly contrary to With this in mind, four overarching
high-intensity military operations, protection efforts, as they them- principles form the basis on which
as the policy is integrated across selves are perpetrators of violence the policy was built, namely: NA-
all of NATO’s core tasks, regar- against civilians. If a state fails to TO’s approach to the protection
dless of the organization’s role protect its populations or is even of civilians is grounded on legal,
as either a lead player, or simply the perpetrator of those crimes, moral and political imperatives;
a supporting actor. Interestingly,
the Alliance aspires to integrate
PoC in all phases of operations,
from the earliest planning stages
to transition and redeployment.
While NATO intervention can be
very invasive and can have great
powers of action, this in no way
limits or diminishes the primary
responsibility of the host State to
protect civilians on its territory, and
most certainly does not relieve the
State from its protection obligations.

Responsibility to Protect vs NATO the international community must NATO’s approach to protection
Protection of Civilians then be prepared to take stron- of civilians is to be consistent with
As we recalled previously, the re- ger measures, including the col- and conducted in accordance with
ason that led to the formulation lective use of force through the applicable legal frameworks, in-
of doctrine with regards to the United Nations Security Council. cluding IHL and HR; NATO’s ful-
“responsibility to protect” must filment of its responsibilities under
be sought in the apparent failure Since Human Rights treaties have this policy is subject to the legal
of the international community to not created a true legal obligation basis for the specific NATO opera-
adequately respond to humanita- for the international communi- tion, mission or activity, and to the
rian disasters. This need to inter- ty and its member States to gua- specific Council-approved manda-
vene effectively to protect human rantee the protection of human te, without prejudice to force pro-
rights has led to the formulation rights, the adoption of “respon- tection and collective defence obli-
of the concept that states have a sibility to protect” was a compro- gations. NATO recognises that all
responsibility to protect the hu- mise between establishing a real feasible measures must be taken to
man rights of their own people, obligation to act and a regulatory avoid, minimise and mitigate harm
and that the international com- status quo. Responsibility to pro- to civilians and that when planning
munity has a responsibility to step tect is not specific: it is a principle and implementing such measures,
in when the state fails to do so11.
According to the doctrine of “re-
sponsibility to protect”, the Sta-
te has the main responsibility for



NATO should give consideration the outcomes of these variables se actions are enabled by a sound
to those groups most vulnerable for civilians, are seen as elements Understanding of the Human Envi-
to violence within the local context. that would enable Alliance plan- ronment, which is very much based
The policy also takes into account ners at all levels to recommend on the UN’s Human Security ap-
the need to protect civilians from military response options for proach, seeking to understand the
the actions of others. This aspect NATO and NATO-led operations. local populations perceived securi-
was highlighted as a component of Protection of civilians also includes ty and developmental risks, as well
protection of civilians not only out not only persons, but also all civi- as identifying key stakeholders,
of moral, legal and political con- lian objects, with particular atten- their internal dynamics, and the
siderations, but also very practi- tion paid to those of importance resiliencies of the local population.
cal ones. It was introduced due to the population, such as items
to the realization that despite the of religious and cultural heritage, NATO Stability Policing: an ad-
obligation to protect civilians du- the natural environment, as well ded value to protect the civilian

ring armed conflict, certain parties as necessary public services linked population
to the conflict have, and continue to critical civilian infrastructure. Modern NATO military operations
putting civilians at risk, or even To achieve these objectives, three benefit from the inclusion of Stabi-
targeting them deliberately in or- are the elements to be considered. lity Policing14 as a substantial con-
der to achieve their specific aims. These are distinct, but interrelated tribution focusing on Indigenous
On the issue of protection of ci- thematic lenses focused on key Police Forces (IPF) and the local
vilians from the actions of others, protection of civilian issues and populace. The aim of Stability Po-
the Policy notes that understanding actors: mitigate harm, focused on licing is in fact to support the re-/
the nature of the threat against mitigating harm from own actions establishment of a safe and secu-
civilians is critical to understand as well as mitigating the threat re environment , restoring public
if the use of military force can ef- from perpetrators of violence; fa- order and security, and contribute
fectively protect the civilian popu- cilitating access to basic needs, to create the conditions for mee-
lation. Aspects such as the iden- focused on civilians, civil society ting longer term needs with respect
tification of threats, including the and aid providers; contributing to to governance and development.
varying types of perpetrators, their a safe and secure environment, Looking back to its early days, IHL
motivation, strategies and tactics, focused on the Host Nation gover- referred only to conventional and
as well as their capabilities and nment and institutions13. All of the- symmetrical conflicts, in which the


civilian population was usually re- cluding by investigating or detai- stablishing the rule of law.
latively removed from the fighting. ning/arresting war, organized and The main objective of the respon-
Nowadays, the breadth of its nor- transnational criminals, terrorists sibility to protect is to prevent ge-
mative provision and its capacity and insurgents, as well as violators nocide, war crimes, serious and
are much weaker in the face of the of host-nation and international persistent violations of human ri-
intra-national, hybrid and asym- laws. This innovative tool is desi- ghts, providing greater attention
metrical nature that characterizes gned to meet all the needs related from the international community
current conflicts, where the popu- to the policing of a State; it is a tool on preventing violations of human
lace is the object of violence. There that, by combining the capabilities rights. These heinous crimes inde-
is therefore a concrete possibility and flexibility of military assets ed squarely fall within the remit of
that in these contexts, the princi- with the professional and specific Stability Policing. Hence the need
ples of distinction between com- ones of the police, expands the in- to conduct police activities in weak
batants and civilians and that of tervention capabilities of military and fragile areas clearly emerges.
limiting armed attacks to military missions outside their traditional Crime and violence disrupt the
targets, are systematically and de- areas to cover the policing remit daily life and undermine the norms
liberately ignored. It is therefore as well. By doing so, it significantly and institutions that foster stable
societies; internal security actors,
“THE DELICATE QUESTION OF THE RELATIONSHIP such as police and law enforce-
BETWEEN RESPECT FOR THE PRINCIPLE OF SOVEREI- ment agencies, are a gateway to
GNTY AND THE PROTECTION OF HUMAN RIGHTS the justice system, preventing and
WAS ADDRESSED BY THE INTERNATIONAL COMMIS- investigating criminal activities,
SION ON INTERVENTION AND STATE SOVEREIGN- helping prosecute suspected cri-
TY. IN THE REPORT THAT FOLLOWED THE WORK OF minals, and providing victims with
THE COMMISSION, THE THEME OF “RESPONSIBILITY access to justice. This is the cour-
TO PROTECT” EMERGED FOR THE FIRST TIME”. tyard where the added value of
Stability Policing is enhanced: whe-
clear how a tool able to effectively contributes to the comprehensive rever the Alliance is bestowed by
mitigate the effects of violence and approach necessary to address all an executive mandate, it reduces
abuse on the civilian population issues related to the protection of insecurity by addressing IHL and
in modern contexts of asymme- civilians, as well as provides many HR violations, widespread violence
tric and hybrid conflicts is needed. of the required relevant tools15. and criminality, building trust and
Stability Policing can tremendou- This is indeed a new model to pro- confidence in the local populace.
sly contribute to the solution. It is tect the population, more flexible Protecting civilians during a conflict,
a concept created and developed and close-fitting its needs, whi- however, can be very difficult. The-
within NATO which, under a dif- ch are persistently met by simply re are circumstances, particularly
ferent name, is applied by other delivering basic community poli- with regards to internal conflicts in
international or regional organi- cing and empowering which the State is one of the parties
zations: it is an innovative respon- members of the civil involved, and in some cases there
se that overcomes a combat-only society. In fact, this new
approach, expands the reach of holistic approach sets
the military instrument into the re- conducive conditions
mit of policing and contributes to to prevent and deter
a comprehensive approach to win conflicts by addressing
the war while aiming at building the root causes of con-
peace. Stability Policing can in fact flicts, by ensuring the
address the new emerging threats protection of civilians
to civilian population with different and humanitarian assi-
means in the remit of policing, in- stance, as well as re-e-



is no stable government at all. Ad- tors might be able to enhance the the re-establishment of a safe and
ditionally, there are theatres where physical protection of the civilian
several armed groups are invol- population. They may also be able secure environment in a less vio-
ved, with the danger of the crisis to contribute to the establishment
becoming radicalized and escala- of a secure environment, conduci- lent and more sustainable way.
ting into an international conflict. ve to the provision of humanitarian
Stability Policing arises as the tool assistance. Stability Policing is the In PoC-mandated missions the
available to NATO with the largest ideal tool to stem illegal conducts
impact on the day-to-day lives of and the indiscriminate use of vio- activities to protect civilians are
the population: performing ef- lence. Its population-centric poli-
fective police tasks and activities cing skills enable these assets to always planned and given a cle-
– starting from the basic commu- prosecute and bring criminals to
nity-oriented up to the highly spe- justice, protecting victims of gross ar end-state. All mission compo-
cialized ones – is critical to prevent violations and atrocities from per-
the escalation of internal violence, secution, retaliation, and violence. nents constantly work to prevent,
maintain the Rule of Law,
provide public safety and When mandated, Stability Poli- pre-empt and respond to threats
foster a secure environ- cing also allows furthering the
ment in which governan- reduction in the use of force and to civilians, and not just react to at-
ce can flourish; further- decreasing collateral damage
more, population-focused besides responding to the securi- tacks. Stability Policing is one of the
police activities ensure ty needs of the population. The-
security needs for the en- refore, it contributes to improve tools that helps creating a credible
tire community and bring acceptance and legitimacy within
improvement to the ove- audiences from the local to the deterrent posture and suppor-
rall security, allowing international level and enhancing
the conditions for deve- mission sustainability. Stability Po- ting national protection capacities
lopment to take place. licing in this way helps winning the
Practical experience and battle of narratives by showing the and maintaining a constant dia-
political difficulties in gi- populace and the world how a ci-
ving prompt solutions vil-oriented approach, that goes logue and engagement
have led to the recogni- beyond military means, leads to
tion that declarations of with local key leaders
political intent and hu-
manitarian action alone cannot and stakeholders in are-
protect civilians from the effects of
armed conflict and internal violen- as under greatest threat.
ce. Situations of war or high inter-
nal crisis, combined with weak or When called to protect
absent institutions allow non-sta-
te actors and criminal groups to civilians, Stability Policing
rage. The result is a security void,
the disappearance of the Rule of considers the characte-
Law and an intolerable increase
in the level of violence and inse- ristics of the population
curity: such environments favour
the impunity of criminals and the within the operating en-
uncontrolled proliferation of IHL
and HR violations. In such cases, vironment throughout the
words are not enough. Military ac-
decision-making process,

to include their culture,

history, demographi-

cs, strengths, informal

power structures such as

religious and non- go-

vernmental leaders and

influencers, resilien-

cies and vulnerabilities.

In this regard, one cannot fail

to recall again how the Alliance

can use Stability Policing assets

as a fully suitable and highly ef-

fective instrument in the imple-

mentation of “responsibility to

protect” guidelines and in the pro-

tection of the civilian population.

Indeed, history shows that Sta-

bility Policing can and should be

conducted throughout the full

spectrum of conflict and crisis in

all operations’ themes (from pe-

acetime military engagement to

warfighting), before, during and

after armed conflicts and manma-


de and natural disasters, because sed on police-related needs of the 11. UN Secretary General Report, “In larger
the Host Nation and its populace local population. This innovative freedom: towards development, security
may require help whenever and approach focuses on providing se- and human rights for all” (A/59/2005)
wherever there are policing gaps. curity to local communities preyed 12. NATO Policy for the Protection of Civi-
The policing gaps are addres- upon by criminals. Indeed, by fil- lians, para 3
sed by envisioning two missions: ling the public security gap gover- 13. See ACO Protection of Civilians Hand-
reinforcing or temporary repla- nance improves, and alternative, book
cing IPF. Reinforcement consists legal livelihoods thrive. As public 14. A set of police-related activities intended
in intervening on IPF capabilities support and the battle of narratives to reinforce or temporarily replace the
and capacity, to raise their ove- are won by the Alliance, the outlo- indigenous police in order to contribute
rall performance; when IPF are ok of NATO’s success is significant- to the restoration and/or upholding of
missing or unwilling to carry out ly enhanced, ensuring long-term the public order and security, rule of law,
their duties, they may be tempo- peace, security, and development. and the protection of human rights.
rary replaced by Stability Policing 15. For more on Stability Policing see Allied
until they can resume their duties Joint Publication AJP-3.22 “Allied Joint
or other actors from the interna- Doctrine for Stability Policing”, 2016
tional community intervene and/ 16. NATO Policy for the Protection of Civi-
or take over as follow-on force. lians, endorsed at the NATO Warsaw
It is also interesting to notice how Summit 8-9 July 2016
an essential, albeit informal prin- 17. The use or threat of force by irregular
ciple about Stability Policing sta- forces, groups or individuals, frequently
tes, “all can contribute to Stability ideologically or criminally motivated, to
Policing, but not everyone can do effect or prevent change as a challen-
everything”. This means that Sta- ge to governance and authority. NATO
bility Policing is a tool that can Agreed Term
benefit from the expertise and 18. Straight translation of the French expres-
professional skills of a large num- sion “soldats de la loi”, which in France
ber of forces (from Gendarme- directly refers to the gendarmerie
rie-type Forces to Military Police, Disclaimer: this paper is a product of the
from armed forces to contractors). NATO Stability Policing Centre of Excellen- PICTURES:
In this vein, NATO’s PoC Policy, ce and its content does not reflect NATO -NATO SP CoE
which “includes a Stability Poli- policies or positions, nor represent NATO -UN
cing dimension”16, states that “all in any way, but only the NSPCoE or au-
feasible measures must be taken thor(s) depending on the circumstances.
to avoid, minimize and mitigate
harm to civilians”: Stability Policing 1. This term refers to the Conventions and
can significantly contribute to this. Declarations stipulated during the Inter-
Security challenges such as hybrid national Peace Conferences held in The
threats, the crime-war overlap as Hague in 1899 and 1907
well as the so-called irregular acti- 2. This term refers to the Conventions and
vities17 and threats to human secu- Additional Protocols signed in Geneva
rity are likely to become more rele- between 1864 and 1977
vant in the future. In this vein, NATO 3. UN General Assembly Resolution
Stability Policing strives for building 66/290. Follow-up to paragraph 143
peace by virtue of its expertise in on human security of the 2005 World
law enforcement within a military Summit Outcome (A/RES/66/290) and
framework through the so-called UN Secretary General Report, “Human
“soldiers of the law”18, whose ad- security” (A/64/701)
ditional value lies in their flexibility 4. UN Development Programme. “Human
to deliver a military capability focu- Development Report”, 1994
5. ICISS, The Responsibility to Protect:
Report of the International Commission
on Intervention and State Sovereignty,
Ottawa, 2001
6. Report of the United Nations High-le-
vel Panel on Threats, Challenges and
Change, 2004.
7. UN General Assembly Resolution: 2005
World Summit Outcome (A/RES/60/1),
para 138. 139 and 140, 2005 Nicola Bonomi
8. UN Secretary General Report, “Imple- Lt. Col. - Italian Carabinieri
menting the Responsibility to Protect” NATO SP COE Doctrine &
(A/63/677), 2009 Concept Development Section
9. NATO Policy for the Protection of Civi- Staff Officer
lians, para 11
10. NATO Agreed term



ge of Command
On June 24, 2021, the Chi-
notto barracks’ Parade ground
hosted the biennial EURO-
GENDFOR Permanent HQs
Change of Command cere-
mony. The whole Vicenza Sta-
bility Policing Hub welcomes
the new EGF CDR, Col. (PRT
Guarda Nacional Republica-
na) Paulo Gonçalves, and wi-
shes the outgoing CDR, Col.
(ITA Carabinieri) Giuseppe Zi-
rone, all the best for his pro-
fessional and personal future.








It was such a great pleasure to welcome our international guests back to CoESPU.
The pandemic has certainly changed the way we travel and for many of our guests,
it has made travel a much longer event. However, several course attendees suc-
cessfully navigated the many travel requirements and arrived safely to CoESPU for
the start of our 13th Iteration of the High-Risk Operations Course.

In July we look to welcome our second international course the 21st iteration of the
United Nations Protection of Civilians course. Though the number of students per
course is limited, we are happy to move forward with in-person, advanced level
training that continues to develop our leaders supporting Peace Operations.

I am proud to highlight the outstanding professional efforts of the CoESPU logisti-
cal and medical teams. They have worked extremely hard to provide a healthy and
sanitary learning environment. From the personal protective gear and frequent fa-
cility sanitation to the daily updates on the status of the pandemic around the glo-
be, specifically in our partner Police Contributing Countries, the team has ensured
CoESPU operations are within the laws of Italy but also meet the standards of our
international partners.

This month, one of our active alumni members, Colonel Haddou ZAMANI, who is
currently serving within MONUSCO, completed the United Nations Assessment of
Operational Capabilities (AOC) Certification Workshop which was held in Enteb-
be, Uganda. Colonel ZAMANI provides us some highlights
from the training – I hope you enjoy his insight to this very
important workshop opportunity.

The pandemic changed the way we conduct our daily acti-
vities, but CoESPU Alumni continue to achieve success. I
want to thank Colonel Haddou Zamani and WO Pamela
Caracciolo for taking their time to share their experience
and I look forward to hearing from more of our esteemed
Alumni members as you continue to achieve success.


Colonel Rebecca Hazelett Rebecca D. Hazelett

Col. - US Army MP
CoESPU Deputy Director




The 16th annual IPOs AMS / AOC in spite of challenging of excep- of SRS, during the last three days.
Certification Workshop, tional measures to reduce the po- I personally attended the FPAT
held at the Regional Training and tential risks associated with the AOC workshop, I will focus only
Conference Center in Entebbe COVID-19 outbreak. 41 police on this Course. In fact, the main
(RTCC) officers (including 17 women) at- difference between this workshop
Uganda, 01 to 11 June 2021 tended this workshop – 21 AMS/ and the previous ones is that the
SAAT instructors and 20 FPAT AOC first week was exclusively dedica-
By Haddou Zamani instructors from the following UN ted to the new content of the re-
field missions (MINUSCA, MINU- cently amended “Pre-deployment
The Selection and Recruitment SMA, MONUSCO, UNFICYP, UNI- Training Curricula for Formed Po-
TAMS, UNMIK and UNMISS). The lice Units” which is currently under
Section (SRS), from the Police Di- objective is to increase the quality the final review stage; while the
vision (PD), successfully organized and the effectiveness for the asses- second week intended to assess
the 16th annual IPOs Assessment sment, selection and recruitment whether the Unit has the indivi-
in Mission Service (AMS) and FPUs of UN Police officers and Formed dual and collective required skills
Assessment of Operational Capa- Police Units. These two courses/ and competencies addressed in
bilities (AOC) Certification Wor- workshops were conducted re- the FPU SOP standards references.
kshop, held at the Regional Trai- spectively by Mr. Eyas MAHADE- First, and before going forward
ning and Conference Center in EN and Victor HERNANDEZ from in detailing the two-weeks AOC
Entebbe (RTCC)/Uganda, during the SRS, PD, NY who were joined workshop, I would like to set the
the period 01 to 11 June 2021 by Mr. Ata YENIGUN, the Chief stage by highlighting the exact


position of the AOC FPAT as- be composed by the Formed Poli- Curricula are being continuously
sessment within the whole ge- ce Assessment Team (FPAT) to as- enhanced and improved to en-
neration process of FPUs, which sess the individual and collective compass and incorporate the new
goes through the following steps: operational readiness of the unit challenges such as asymmetric
1. Call for contribution (Member as well. The FPAT is composed of threats, terrorism and covid 19 to
States request to contribute with certified AOC instructors who are which substantial amendments are
FPUs to a particular UN OPS); either PD staff members and/or proposed by the Police Training
2. Deployment Approval (Con- serving United Nations police offi- Architecture to deal with them.
sidering criteria such as Ope- cers, generally from a peace ope- During the first week of the wor-
rational readiness for deploy- ration’s FPU Coordination Office. kshop, all the AOC FPAT instruc-
ment; Geo-political or regional For serving United Nations police tors received theoretical modules
considerations; Agreement/Ac- officers, the certificate is valid for along with practical demonstra-
ceptance from the Host Coun- the duration of the officer’s tour tions. The structure and the content
try and whether the PCC has of duty in the peace operation. of the current PDT curricula, which
already present unit/s under For PD staff members, the certi- contains six modules, is set up to
any non-UN arrangements); ficate is valid for the duration of train all the personnel of the FPU
3. Memoran-
dum of Un- unit for 08 weeks
derstanding “WHILST FPUS TRAINING REMAINS THE RE- (40 working days)
(MOU) ne- and two supple-
gotiation SPONSIBILITY OF THE PCC, THE UNITED NA- mentary weeks for

en the UN staff, as follows:

and the mand Staff training

PCC ) within the Contin- their assignment to the PD. Re- (10 days)
gent Owned Equipment sy- certification is required when the

stem (COE) described in assessment procedure has been Module 2: Partial Implementation
the COE manual (2020); significantly modified. The SRS re- of IPOs Training Materials (CPTM/
4. Pre-deployment prepa- gularly briefs the AOC instructors STM) (05 days)

redness (Reconnaissan- to ensure their AOC preparedness.

ce Visit / AAV, PDV/ FPAT); Whilst FPUs training remains the Module 3: Protection issues (03
5. MissioDeployment; responsibility of the PCC, the Uni- days)

6. Rotation; ted Nations provides guidance on

7. Extension. pre-deployment training of the Module 4: Firearms training (07

During the fourth step, when the FPUs. However, the FPU Training days)
PCC confirms its readiness to de- Curriculum went through seve-

ploy the FPU, UN Headquarters ral stages of the FPU Review and Module 5: Police Techniques
will deploy a team of experts led reflects the contributions of inter- &Tactics (09 days)
by the Police Division (PD) to assess national experts in the FPU Cur-

the overall readiness of the unit to riculum Development Group and Module 6: Public Order Manage-
be deployed. This team could be endorsed by the FPU Doctrine ment (16 days).
only dedicated to the Pre-Deploy- Development Group. The new or

ment Visit (PDV) especially for the updated Pre-deployment Training Furthermore, the AOC FPAT in-
emergent PCCs that are provi- Standards are communicated to structors fully studied the FPU AOC
ding FPUs for the first time, and Member States and the C-34, and SOP (April 2017) during the se-
aims to inspect the materials and posted on the Peacekeeping Re- cond week of the workshop. They
equipment of the unit and veri- source Hub, so that they are ac- had the opportunity to go deeply in
fy its conditions to meet the mis- cessible to peacekeeping training details of all the SOP requirements
sion’s Force Requirement and the institutions in a timely manner. In and its annexes as well. During the
negotiated MOU; and could also this vein, the modules of the PDT AOC process, the FPAT should ve-



rify and crosscheck the beneficial to all the attende-
following stages: ve- es inasmuch they have recei-
rification of Personnel ved a very dedicated training
information, language preparing them to understand
competency test whi- and to better conduct a tho-
ch comprises the rea- rough assessment of the ope-
ding comprehension rational capability of the Units
and report writing in (FPUs), prior their deployment,
both English and Fren- according to the expected
ch, Operational inter- UN standards of operations.
view for Commanding However, as Mr. Ata said: ‘It
staff, handling and is the beginning of a profes-
road test for drivers, sional way to recruit the best
weapon handling and personnel and units to the Uni-
shooting for Operatio- ted Nations, and this requi-
nal personnel and fi- res more commitment of all
nally tactical exercises. instructors not only in a nar-
The attendees took row specific domain of AOC
away that only FPUs or AMS processes, but also in
that have completed having deep knowledge in UN
the entire assessment policing vision, mission state-
ment, challenges, perspectives
“THE NEW OR UPDATED PRE-DEPLOYMENT and trends along with all the tacti-
cal constraints occurring in each
TRAINING STANDARDS ARE COMMUNICA- peace keeping operation whe-
re UNPOL is involved or will be”.
Haddou Zamani
HUB, SO THAT THEY ARE ACCESSIBLE TO PE- strategic planning officer and

TIMELY MANNER” rizes the deployment of the FPU.
Furthermore, all AMS/AOC in-
process and meet all individual structors were briefed by the Chief
and unit requirements qualify for of the Selection and Recruitment
service in peace operations. The Section, Mr. Ata YUGINOUR who
FPAT determines whether an FPU fully interacted with future AMS
meets the requirements of opera- and AOC instructors and upda-
tional capability; makes recom- ted them on the latest develop-
mendations on additional com- ments and recruitment initiatives
position and/or pre-deployment undertaken by the Police Divi-
training needs; comments on the sion, and on challenges encoun-
overall operational readiness of tered during the covid-19 outbre-
the unit; and makes recommenda- ak as well. The Chief of SRS had
tions about its possible deployment also been part of the oral asses-
in the final report. Based on the sment team along with Mr. Victor
AOC results, the DPKO Police Ad- HERNANDEZ of the AOC instruc-
viser, in consultation with the DPO/ tors on the relevant SOP details.
DPPA/DOS leadership and the pe- Overall, this workshop was very
ace operation leadership, autho-





Through the eyes of a (woman) would not find what surrounded, at had not set foot on those dusty ro-
Peacekeeper the time, my daily life. I am a plan- ads, my eyes had not yet seen tho-
ner and I tried to program what I se smiles, stronger than their suffe-
by Pamela Caracciolo wanted to do and what contribu- rings, and my ears hand not been
tion I could make in those places in stunned by the noise and sound
If today I turn and look back on
my life in missions abroad I can PEARED, I UNDERSTOOD, LOOKING INTO
say that deep down I always wan- THEIR EYES, DEEP AND SUFFERING, BUT STILL
ted to do this…. since I was young, FULL OF HOPE, THEY WERE JUST CHILDREN
and even if at the time I wasn’t we- READY TO RECEIVE MY HELP, TO SHAKE MY
aring a Carabinieri uniform, I use HAND, ALWAYS SEPARATED FROM MY LATEX
to think about what I could do, and GLOVES, AGREEING TO FOLLOW ME ON BO-
what contribution I could make in ARD, WITHOUT ANY FEAR, AS IF I WERE THEIR
a peacekeeping operation. Just the MOTHER”
fact of thinking about it, already at
the time, made me realize how difficulty, to leave them a little bet- of bombs, or from the announce-
complicated a post-conflict life ter than how I found them, was this ments of “Warning” of the military
could be, out of a war by a crisis maybe just a waste of time? as I bases that would give me lodging.
of a government and without any
kind of certainties for the civilian
population, where you definitely


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