I. STRATEGIC CONSIDERATIONS A. The political commitment First, it is important for any policymaker, whether domestic or international, to have an understanding of the political context of prosecutorial initiatives. Such prosecutions generally take place in a highly politicized environment. The most common complaint from those who oppose them is that they are driven by political vengeance. To some extent, those who support criminal accountability can point to the State’s legal duties to support the pursuit of justice. However, experience shows that local populations generally require a more comprehensive explanation of the general and specific objectives of any prosecutorial effort. Especially in domestic settings, the need for a strong commitment to criminal accountability at the political level is crucial.5 Some of the key challenges are (1) presenting the commitment without politicizing the quest for justice and (2) understanding the complex goals and managing expectations. Policymakers can depoliticize the pursuit of justice by discussing accountability in a manner that respects the presumption of innocence, does not detract from fairness or the appearance of fairness, and reflects an understanding of the complex goals that such a policy seeks to achieve.6 An example is the Presidential Accord of President Vicente Fox in Mexico, in which he requested the creation of a special prosecutor to investigate federal crimes committed by public servants against members of social and political movements. In that declaration, he 5  echanisms that may help to depoliticize the implementation of a prosecutorial policy include the appointment of an indeM pendent board to oversee investigations and prosecutions (such as the Investigation Task Board appointed in South Africa in the mid-1990s), a monitoring capacity or other forms of civilian oversight. Systems that allow direct victim participation in prosecutions may provide additional safeguards. It is common for the absence of political will to manifest itself as a host of technical, legal or other obstacles. 6 T he absence of an overt political commitment to justice is sometimes presented as a desire not to interfere in the judicial process out of respect for the separation of powers. However, experience shows that the absence of a public commitment to a policy of justice is often accompanied by an active policy of impunity. 

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents