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.
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