Capacity Development in International Criminal Justice: A Mapping Exercise of Existing Practice

ALEJANDRO CHEHTMAN Y RUTH MACKENZIE

DOMAC Working Papers

Lugar: Islandia; Año: 2009 p. 1 - 54

The purpose of this mapping paper is to identify the different criminal justice capacity-development initiatives which have been performed in the aftermath of mass atrocities, situate them within a broader narrative of international criminal justice, and design a plausible theoretical framework to understand and assess their impact on domestic legal systems, or lack thereof. Section 2 defines capacity development in the context of criminal prosecutions for international crimes. Section 3 provides an analysis of initiatives that concentrate on the transfer of knowledge. These include formal training programmes, but also more informal mechanisms such as mentoring schemes, working meetings, symposia, internships, etc. Section 4 concentrates on the provision of supplies and the development of infrastructure. Section 5 examines the ways in which the institutional design of specific international or internationalized tribunals can promote or undermine their potential to develop local capacity. Section 6 addresses other indirect means that arguably have a significant impact on capacity development initiatives, such as political or economic pressure, basic security concerns, etc. Section 7 situates this paper within the broader literature on capacity development and examines some of the theoretical tools that will be needed in the next phase of our research.