INTRODUCTION

Institutional justice considers reform of “public institutions that helped perpetuate conflict or repressive rule.” The laws and policies implemented through institutions at various levels are themselves the engine of change. Law can help distribute power more effectively and build or reform fair and efficient public institutions.

While criminal sanctions are generally predicated on individual criminal responsibility, civil sanctions of an administrative nature are based on exclusionary conditions, chiefly of political loyalty, which, for example, systematically disqualifies certain groups of people from participation in the new government. But changes of an institutional and administrative nature may also be part of an overall effort to change the way institutions operate and interrelate. In the Secretary-General's report taking stock of progress made in the rule of law and transitional justice arenas, emphasis is placed on institution building that provides for greater levels of national ownership, more concerted efforts at sector-wide approaches, and more emphasis on initiatives to facilitate access to justice.

Key legal questions that are considered in this chapter include:

Much of what is implemented as part of institutional justice oft en has its beginning in early parts of the peace process, including ceasefire and peace agreements. An example of this type of transformation is the signing, in 2006, of the peace agreement for Darfur, where the Sudan Liberation Army leader became a vice-president as part of the peace agreement discussions.