Objectives

THE IJSD APPROACH
Initiatives to advance justice sector development are, as are all matters of significant change to the institutions of a society, complex and sensitive matters.  Complex because of the many interdependent essential elements which must function in a complimentary fashion and sensitive because of the intimate affect that justice systems have on the cultural norms and  daily lives of the society at large.  The supportive involvement of the international community can dramatically increase these complexities and sensitivities, at the same as needed help is being provided.  Accordingly, the leadership of host and donor nations alike must engage in extensive dialogue to ensure mutual understanding of needs and best practices for both the delivery and utilization of assistance, as well as to manage expectations at all levels.  The following “capacities” are listed in order to identify the complex constituent elements for the success of justice sector development, but should, in the necessary interests of complementarity and sustainability be considered holistically.

PROJECT CAPACITIES – IN AID OF NATIONS IN TRANSITIONTransition - Before

1. Creation and execution of strategies for the establishment, development and administration of the justice sector in post conflict and transitioning societies

The Institute provides and coordinates teams of international experts, representing all of the world’s major legal systems, who draw on theoretical expertise and first hand experience to work with national officials in the design and implementation of detailed sustainable plans for all of the core components of an independent and transparent justice system.  The design process will, through inclusion of national officials, respect and serve the particular circumstances, history and culture of the host state, while also recognizing internationally accepted legal norms

The planning, technical assistance and advisory support services offered by the Institute’s specially constituted project teams include the following core justice system components:

  • Judiciary, including essential Registry/Court administrative support services;
  • Prosecution services;
  • Defense Bar/Public Defender Services;
  • Policing Services including Professional Standards/Oversight; and,
  • Prison and Correctional Services, including, as appropriate, probation and parole.
2.  Information Management and Technology

Justice sector institutions must work independently, but never in isolation; the management and flow of information internally and between the core components is essential to the successful operation of the justice sector as a whole. In the interests of transparency to facilitate public scrutiny it is also necessary to ensure clear reporting of the process. The Institute will provide technological expertise, well experienced in justice sector information and case management systems and processes, to assist in the design, setup and training for  information systems specifically geared to the needs and resources of the host state.  In determining and addressing those particular needs the prevailing principle is to equip for ongoing national sustainability.

3. Long-range financial planning services to justice systems in transition.

The Institute will assist governments in establishing the efficient and coordinated financial foundation that is critical for a successful justice system.  To that end, the Institute will deploy expert teams of international practitioners capable of analyzing the financial needs of a justice sector in transition, both at start-up and on an ongoing basis.  The Institute will also provide training for national officials in the best practices of sector wide resource allocation, public financing and budgeting, donor management and coordination, and international accounting standards.

4. Media

While not a primary institution of a justice system, an independent, knowledgeable and professional “fourth estate” is an essential accountability mechanism providing transparency, as well as public understanding and confidence, critical to the success of any justice system in terms of engaging civil society in a meaningful way. It is also essential that members of the justice community know how to work appropriately with the media. The Institute will coordinate onsite training and mentorship delivered by expert teams of experienced specialists to promote competence and capacity in both the national media and justice sector officials.

5. Training programs for national officials

The institute will organize training programs in support of each of the justice sector core functions and/or the associated support components of information management and technology, financial planning and management and media sector development.  The training programs are tailored to the needs of the host state and its agencies, with a view to empowering local officials to self sustain and not be dependent on the international community.

6. Audit and Evaluation Services

A basic principle of organizational management for public institutions, whether very new or well established, is that provision be made for audits and evaluations of all aspects of performance, from financial management to front line service delivery.  The Institute will assist host nations and, as applicable, donor states in maintaining the efficiency and credibility of their justice sector development initiatives through the provision and coordination of expert auditors to define practical and objective performance measures and evaluate programs in accordance therewith.

7. Liability and Risk Assessments

The harmony and prosperity of the global village requires respect for the Rule of Law in cross border enterprise and relations.   The institute will provide and coordinate expert teams of academics and experienced legal practitioners to assist governments or corporations assess the compliance of business and industry with the relevant civil and criminal law, both national and international, and, as necessary, advise upon appropriate recourse or remedial action.

PROJECT CAPACITIES – IN AID OF THE INTERNATIONAL COMMUNITY

8.  Design Support to Donor States & Development Agencies:

The effective design of development projects consistent with the principles of sustainability and complementarity and utilizing lessons learned from prior initiatives is the key to providing affordable and successful development assistance.  The institute will support donor states, development agencies and contracting companies in creating targeted and effective programs that successfully implement donor policy decisions. 

9.  Support to Policy Makers in Improving the Flow of Information on the Effectiveness of Development Programs

In the design of viable developmental project plans the coordination of knowledge of what works on the ground and what is envisioned in the parliaments and capitals of donor countries is an essential element of successful implementation.  The failure to address this critical element of rationalizing the expectations of all parties can, has and will lead to costly disappointment and failure.  The Institute will facilitate the required exchange of information, experience and knowledge through effective programs for dialogue and analysis between parliamentarians,   development agency officials and practitioners.

10.  Training for International Technical Experts

While donor nation experts, legal and otherwise, must have qualifications and experience developed at the highest level in their home jurisdictions, additional skills are essential to enable effective support and transference of this expertise to the professionals of a nation in transition; that is, home jurisdiction expertise alone is not sufficient and has contributed to costly failures.  Understanding of comparative legal systems, techniques of mentorship, international legal norms, sustainability strategies, long-term planning techniques, and donor coordination strategies is essential to the efficient delivery of donor support to transitional systems.  The institute will provide specialized training of judges, judicial administrators, prosecutors, defenders and prison administration officials prior to deployment in development projects.