NCJ Number
222917
Date Published
2006
Length
62 pages
Annotation
Since countries that are emerging from conflict and crisis are vulnerable to weak or nonexistent rule of law, inadequate law enforcement and justice administration, as well as increased human rights violations, this publication provides a framework for developing a monitoring program that analyzes institutions and the justice system as a whole, so good practices can be reinforced, and bad practices or deficiencies addressed.
Abstract
Five elements of monitoring legal systems are discussed, with attention to the context of peacekeeping. First, it presents a monitoring methodology and objective that applies a human rights analysis, using the international and domestic legal standards and identifying trends and systemic issues in practice. Second, guidelines are provided for developing a monitoring capacity. They focus on the mandate and role of monitors, their qualifications and training, and knowledge and information resources needed by monitors. Third, guidance is offered for establishing a monitoring program. Topics addressed include the selection of priorities and approaches, maintaining cooperation and coordination among the actors involved in the monitoring program, case tracking, and the development of systems that support effective monitoring. Fourth, instruction in case monitoring addresses the formulation of a strategy, the collection and verification of information through interviews, case file reviews, and attending court and other proceedings. Fifth, guidelines are provided for the analysis of key institutions, reporting and recommendations, and ensuring appropriate followup and support to other rule-of-law aspects of the peacekeeping operation. Although the focus of this publication is on the principles, techniques, and approaches for monitoring legal systems, the same framework can be applied to the monitoring of a discrete judicial mechanism, such as the Special Court for Sierra Leone, the Iraqi Special Tribunal, or the Extraordinary Chamber in the Cambodian court system. Appended listing of guidelines for monitoring the justice system in a peacekeeping operation