gradually shift responsibilities from international to national posts. Second, experience
in the South-Eastern European field operations has shown that both international and
national monitors can achieve excellent results as monitors (as well as legal advisers).
Project trial-monitoring programmes have also opted to contract national monitors
as a means of fulfilling one of their primary aims of building local capacity. In turn,
both project and staff programmes have also realized the cost savings and decreased
demand for logistical support by using local lawyers who are already situated in the
region and do not require interpreters.
Despite this shift and the above considerations, the organizer must still undertake an
assessment in each monitoring context to determine whether international or national
monitors should be utilized for trial-monitoring. Experience reveals two situations
where trial-monitoring operations might benefit from the engagement of international
monitors. First, where trial-monitoring serves a heightened confidence-building purpose involving post-conflict ethnic tensions, or other politicized issues, national monitors may be perceived as subject to bias by virtue of their identification with a particular
group. In such cases, the value of an international organization providing an independent monitoring presence may be compromised where identification with local groups
will be perceived as partial.
Second, when trial-monitoring involves cases where security concerns are prominent, an international monitor is more insulated from threats or other pressures. Specifically, war-crimes cases, organized-crime and corruption prosecutions, and other
high-profile matters may put extreme pressure on all judicial actors, as well as monitors. Participation in the case, in particular if privy to investigative materials, closed
hearings, and other information, may subject monitors who live permanently in the
community to additional pressures. In such cases, an international monitor affiliated
with an international organization may be freer to report, engage, and even criticize
actors without concern for their safety.
Chart 5 Overview of OSCE experience with the nationality of monitors
Consideration
Monitoring
Experience and
Knowledge of
Applicable Laws
Language
Cost
52
National monitor
• Less likely to find candidates
with monitoring experience. Will
have to be trained on programme
methods and requirements;
• More likely to be familiar with
domestic law and practice.
• Fluency allows direct observation
of hearings and facilitates
document review.
• Less expensive, as already resides
in local area and paid at local
rates.
Trial-Monitoring: A Reference Manual for Practitioners
International monitor
• More likely to have monitoring
experience but will still have
to be trained on programme
methods and requirements;
• More likely to be familiar with
international trial standards.
• Requires language skills or an
interpreter.
• More expensive to hire and
support.
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