Attachments
In 2003, OHCHR, as the United Nations focal
point for coordinating system-wide attention for human rights, democracy
and the rule of law, began to develop rule-of-law tools so as to ensure
sustainable, long-term institutional capacity within United Nations missions
and transitional administrations to respond to these demands. These rule-of-law
tools will provide practical guidance to field missions and transitional
administrations in critical transitional justice and rule of law-related
areas. Each tool can stand on its own, but also fits into a coherent operational
perspective. The tools are intended to outline the basic principles involved
in: Mapping the Justice Sector, Prosecution Initiatives, Truth Commissions,
Vetting and Monitoring Legal Systems.
This publication specifically sets out
basic considerations on prosecution initiatives, and is intended to assist
United Nations field staff when advising on approaches to addressing the
challenges of prosecuting perpetrators of crimes such as genocide, crimes
against humanity and war crimes. The focus of this guidance is mainly on
the strategic and technical challenges that these prosecutions face domestically,
and sets out the principal considerations that should be applied to all
prosecutorial initiatives: the need for a clear political commitment to
accountability; the need for a clear strategy; the need to ensure that
initiatives are endowed with the necessary capacity and technical ability
to investigate and prosecute the crimes in question; the need to pay particular
attention to victims; and the need to have a clear understanding of the
relevant law and an appreciation of trial management skills, as well as
a strong commitment to due process.