{"title":"如何“使法律有价值”:危地马拉反有罪不罚国际委员会(CICIG)关于混合治理有效性的经验教训","authors":"Theresa Reinold","doi":"10.1017/s1744552323000241","DOIUrl":null,"url":null,"abstract":"Abstract The international community has experimented with a variety of tools for promoting the rule of law in weak states, yet with few successes. An innovative tool is hybrid commissions not supplanting the justice system of the target state but fighting impunity from within it. In this contribution I therefore seek to identify the factors that render this novel mechanism of rule of law promotion effective, arguing that a set of factors – support from the Attorney-General, civil society and powerful donors; as well as the commission’s institutional design, its strategy, and the personality of the commissioner – will determine if the changes initiated by the hybrid lead to a deeper transformation of the host state, or if there will be a rule of law rollback as soon as the commission leaves the country.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"25 1","pages":"0"},"PeriodicalIF":0.6000,"publicationDate":"2023-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"How to ‘make law count’: Lessons from the <i>Comisión Internacional contra la Impunidad en Guatemala</i> (CICIG) for the Effectiveness of Hybrid Governance\",\"authors\":\"Theresa Reinold\",\"doi\":\"10.1017/s1744552323000241\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract The international community has experimented with a variety of tools for promoting the rule of law in weak states, yet with few successes. An innovative tool is hybrid commissions not supplanting the justice system of the target state but fighting impunity from within it. In this contribution I therefore seek to identify the factors that render this novel mechanism of rule of law promotion effective, arguing that a set of factors – support from the Attorney-General, civil society and powerful donors; as well as the commission’s institutional design, its strategy, and the personality of the commissioner – will determine if the changes initiated by the hybrid lead to a deeper transformation of the host state, or if there will be a rule of law rollback as soon as the commission leaves the country.\",\"PeriodicalId\":45455,\"journal\":{\"name\":\"International Journal of Law in Context\",\"volume\":\"25 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.6000,\"publicationDate\":\"2023-10-18\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Journal of Law in Context\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1017/s1744552323000241\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Journal of Law in Context","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/s1744552323000241","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
How to ‘make law count’: Lessons from the Comisión Internacional contra la Impunidad en Guatemala (CICIG) for the Effectiveness of Hybrid Governance
Abstract The international community has experimented with a variety of tools for promoting the rule of law in weak states, yet with few successes. An innovative tool is hybrid commissions not supplanting the justice system of the target state but fighting impunity from within it. In this contribution I therefore seek to identify the factors that render this novel mechanism of rule of law promotion effective, arguing that a set of factors – support from the Attorney-General, civil society and powerful donors; as well as the commission’s institutional design, its strategy, and the personality of the commissioner – will determine if the changes initiated by the hybrid lead to a deeper transformation of the host state, or if there will be a rule of law rollback as soon as the commission leaves the country.