Not just legal code - beyond making and interpreting rules

Not just legal code - beyond making and interpreting rules 06 May 2013

Delivering fair and effective procedures is a complicated task. International criminal courts, such as the ICC and the ICTY dealing with the atrocities in former Yugoslavia, need to ensure that witnesses are found, brought to a place where they can be heard and are protected. High quality legal analysis has to be provided, by vast teams of legal officers, who have to be trained, supervised and motivated.

Lawyers and judges tend to solve organisational problems: by creating more of the rules they are specialised in. This is very likely to create an ever more complicated system, so procedures tend to become more bureaucratic and more rules means lawyers can find more issues they can complain about, which can be a perfect tool for letting the procedure fail to achieve its goals of a fair solution to the problem.

In the run up to a Trend Report on the Future of Courts, HiiL has been organising weekly work sessions in our Justice Innovation Lab. Court professionals and other stakeholders will investigate the challenges and opportunities for courts at the beginning of the 21st century.