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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