International Development Law Organization

Building Judicial Capacity

Efficient, equitable and accessible justice systems are the lifeblood of the rule of law. For many years, building judicial capacity in the developing world was IDLO's sole area of intervention.

Today, while our mission and expertise has greatly expanded, we remain faithful to that early purpose. Building capacity in the judiciary is still the bulk of what we do, and what we are most recognized for. We do this in a variety of legal systems and traditions, working with local and international partners, with a strong emphasis on transition societies.

In the words of Kyrgyz Supreme Court Chair and IDLO interlocutor Feruza Z. Djumasheva, "Without successful judicial reforms, there will be no economic or social reform."

Improving the quality of legal education through case-based teaching materials in Indonesia

In Indonesia, with its civil law system, many scholars believe that lecturers do not have any obligation to use case law or jurisprudence, including among judges. This causes stagnant development of the law both in practice and theory. Therefore, integrating case law into education will not only be beneficial to both student and lecturer, but also for the judges so they can employ better consideration when making their decisions or verdicts.

The new Criminal and Criminal Procedure Codes in Kyrgyzstan

In recent years, the Kyrgyz Republic has adopted a new Criminal Code and reformed the Criminal Procedure Code with the stated aim to humanize the system of law enforcement in the country. The new Codes were developed by a group of dedicated technical experts that have subsequently supported the development of a training program aimed at building the capacity of all key stakeholders - judges, police, defense lawyers, and prosecutors - on the foundational understanding of the codes.

The rule of law in the Kyrgyz Republic

Until recently, court processes in the Kyrgyz Republic have not been automated. Manual or paper systems still are required and are the norm although automating all processes has started very actively. According the country’s National Target Program for Development of the Judiciary, automated information systems need to be expanded and rolled out to the whole judicial system, not only within all first instance courts, but also second and third instance courts.

Commercial Mediation in Serbia

Serbia has recently implemented several judicial reforms to modernize and improve the regulatory framework for mediation, such as the new Law on Mediation in 2014. By implementing the new legal framework on mediation, the number of registered mediators and of mediation cases in Serbia have both increased. However, the Supreme Court of Cassation still registers an excessive amount of backlogged cases.

Judicial Capacity Building on the New Armenian Code of Civil Procedure

In April 2018, the Republic of Armenia adopted a new version of the Civil Procedure Code with the aim to expedite cases and increase the efficiency of civil courts. As in most transition countries, implementation of the law by courts and officials is weak and uneven. The judiciary needs to become familiarized with the new Civil Procedure Code and its application within a limited timeframe. Hence, it is critical that judges have a firm grasp of the newly adopted rules, especially related to commercial disputes.

Rule of law fund: programmatic framework

The Programmatic Framework for the Indonesia-Netherlands Rule of Law Fund builds on Indonesian development plans and continues the efforts of the Embassy of the Kingdom of the Netherlands in Jakarta to support the consolidation of the rule of law and reform agenda. The primary objective of the Rule of Law Fund is to support the development of effective, accountable and inclusive justice sector institutions, ensuring equal access to justice in Indonesia.

Pages

Key Initiatives

  • In Indonesia, with its civil law system, many scholars believe that lecturers do not have any obligation to use case law or jurisprudence, including among judges. This causes stagnant development of the law both in practice and theory. Therefore, integrating case law into education will not only be beneficial to both student and lecturer, but also for the judges so they can employ better consideration when making their decisions or verdicts.
  • In recent years, the Kyrgyz Republic has adopted a new Criminal Code and reformed the Criminal Procedure Code with the stated aim to humanize the system of law enforcement in the country. The new Codes were developed by a group of dedicated technical experts that have subsequently supported the development of a training program aimed at building the capacity of all key stakeholders - judges, police, defense lawyers, and prosecutors - on the foundational understanding of the codes.
  • Until recently, court processes in the Kyrgyz Republic have not been automated. Manual or paper systems still are required and are the norm although automating all processes has started very actively. According the country’s National Target Program for Development of the Judiciary, automated information systems need to be expanded and rolled out to the whole judicial system, not only within all first instance courts, but also second and third instance courts.
  • In Somalia, alternative justice mechanisms remain the main providers of justice services for lack of formal justice institutions. However, these justice mechanisms can be discriminatory particularly against women, youth and minority clans.
  • Serbia has recently implemented several judicial reforms to modernize and improve the regulatory framework for mediation, such as the new Law on Mediation in 2014. By implementing the new legal framework on mediation, the number of registered mediators and of mediation cases in Serbia have both increased. However, the Supreme Court of Cassation still registers an excessive amount of backlogged cases.
  • In April 2018, the Republic of Armenia adopted a new version of the Civil Procedure Code with the aim to expedite cases and increase the efficiency of civil courts. As in most transition countries, implementation of the law by courts and officials is weak and uneven. The judiciary needs to become familiarized with the new Civil Procedure Code and its application within a limited timeframe. Hence, it is critical that judges have a firm grasp of the newly adopted rules, especially related to commercial disputes.
  • Even the best functioning courts, without effective mechanisms for ensuring compliance with their   decisions, are in effect perceived as weak institutions, leading to an erosion of public confidence in the rule of law as a whole.
  • Justice within the context of commercial law is premised on the fact that an effective commercial justice system meets and facilitates the specialized needs of the business community and the private sector at large. However, there are persistent challenges related to the dispensation of commercial justice in Kenya.
  • Yemen, one of the poorest countries in the Arab world, has been devastated by armed conflict since September 2014. The conflict has received limited international coverage and human rights violations and violations under international humanitarian law suffered by the civilian population have been grossly underreported. All parties to the conflict have been linked to serious violations of international law, with inadequate accountability mechanisms in place to ensure justice for victims.
  • The Programmatic Framework for the Indonesia-Netherlands Rule of Law Fund builds on Indonesian development plans and continues the efforts of the Embassy of the Kingdom of the Netherlands in Jakarta to support the consolidation of the rule of law and reform agenda. The primary objective of the Rule of Law Fund is to support the development of effective, accountable and inclusive justice sector institutions, ensuring equal access to justice in Indonesia.
  • In recent years Jordan has taken significant steps toward promoting economic development, including through strengthening rule of law. Judicial specialization in relevant areas, while promoting an enabling environment for capacity development within the relevant judicial institutions is crucial to maximize the impact of those efforts and ensure sustainability. At the same time, attention has been given to encouraging entrepreneurship, in particular women entrepreneurs, as a means to achieve economic growth.
  • In the post-conflict transition, significant steps have been taken to combat sexual and gender-based violence (SGBV) in Liberia. The Government of Liberia established a policy and legal framework that includes the Rape Law (2006), a National Gender Policy (2017), and a National Plan of Action for the Prevention and Management of Gender-Based Violence in Liberia. However, in 2017, over 1100 SGBV cases have been reported in Montserrado County alone, representing only a small proportion of the violations that occur. Furthermore, the number of cases that have progressed to court remains low.
  • While Armenia introduced an insolvency law in 2006, insolvency frameworks and procedures need to be strengthened. Insolvency in Armenia is court-led, and many aspects of insolvency law are complex and controversial, requiring specialized judges to handle them. The ongoing strengthening of the specialized insolvency court is expected to have significant positive impact on the insolvency framework and on the country’s investment climate.
  • Transfer cases dealing with the Rwandan genocide have been adjudicated in Rwanda since 2012, and the number of cases extradited from other countries continues to increase. The procedure in transfer cases is guided in significant part by the practice and substantive precedents set by international tribunals and international criminal jurisprudence. However, international criminal law is a complex and evolving field, and it is critical that Rwandan judges know how to research and apply the latest judicial precedents correctly and effectively.
  • As part of IDLO’s continuous commitment to accountability and results-based management, IDLO is pleased to share this Evaluation Brief for the project, "Afghan Justice Institutions Strengthening (AJIS)". The evaluation has been conducted by independent evaluation experts, supervised by IDLO’s Evaluation Unit.
  • A small lower-middle income economy, Moldova has made significant progress in reducing poverty and promoting inclusive growth since the early 2000s. While European integration has anchored the Government’s policy reform agenda, many reforms have yet to materialize and economic challenges remain.
  • As part of IDLO’s continuous commitment to accountability and results-based management, IDLO is pleased to share this Evaluation Brief for the project, "Justice Training Transition Program (JTTP) Follow On". The evaluation has been conducted by independent evaluation experts, supervised by IDLO’s Evaluation Unit.
  • Despite the positive momentum from Ukraine’s justice sector reforms, there has been a lack of court judgments in top corruption cases, underscoring the need for greater institutional efficiency, transparency and independence in the process of prosecution. As corruption cases often involve complex financial schemes with elements of money-laundering, there is a strong need to delegate them to a specialized court. In response to these needs, the High Anti-Corruption Court was formally established on April 11th, 2019.
  • After Bulgaria’s accession to the European Union the national tax system underwent significant transformations. Wide-reaching reforms to Bulgarian legal codes - civil, criminal and commercial - were implemented, previously existing legislation was overhauled, and many new areas of legislation were introduced, requiring extensive re-training of the judiciary. To deal effectively with cases relating to tax, judges require a sound understanding of tax matters through ongoing and specialized training.
  • An ineffective court decision enforcement system in Indonesia leaves many who win their court case behind disappointed, as verdicts are not properly enforced. Hearings are often delayed, existing mechanisms are still based on Dutch law from 1848, and Indonesia’s Supreme Court’s internal regulations are not sufficient enough to ensure that court decisions are implemented effectively. The government has identified court decisions enforcement as one of the factors preventing effective judicial dispute resolution, particularly impacting business contracts.
  • Kyrgyzstan’s new Criminal Code and Criminal Procedure Code are set to enter into force on January 1, 2019, with the aim of improving the system of law enforcement in the country. Specifically, the new Criminal Code seeks to reform criminal law, procedure and types of criminal punishment, promote the integration of the Code into security measures, institute probation, introduce mediation in criminal matters, and support new mechanisms and approaches for the social integration of persons convicted of criminal wrongdoing.
  • Somalia is striving to strengthen its institutions and to improve the rule of law, however high levels of crime still persist. These include forms of complex crimes, namely extremist violence, organized crime, sexual and gender-based violence and corruption. In recent years, the Somali Federal Government has improved the fight against armed groups and made efforts to improve the capacity of the justice system to handle complex crimes.
  • The Kyrgyz Republic has made significant strides in working toward improvements to a justice system shaken to the core following the 2010 Revolution. While a wholesale reselection process of judges changed the landscape and provided hope for real change, it also created a judiciary staffed with many inexperienced, under-skilled first-time judges who are more easily exposed to negative influences - both perceived and real. Consequently, the public mistrusts the judiciary and holds a negative perception of it being corrupt, inefficient and dependent on other branches of government.
  • The revised Afghan Penal Code entered into force in February 2018. This called for an urgent need to build the capacity of justice professionals to handle cases in compliance with the revised Code. In response, the Supreme Court, Attorney General’s Office and Ministry of Justice turned to their nascent professional training departments. However, the maturity, capacity and resources of the departments vary, and extra support is required to enable them to deliver the task effectively.
  • After Romania joined the European Union in 2007, wide-reaching reforms were implemented to the country’s civil, criminal and commercial legal codes. While acknowledging positive development in the judicial sector, concerns remain over the lack of predictability of judicial decisions, including contradictory judgements and inconsistency in the administration of justice.
  • As part of IDLO’s continuous commitment to accountability and results-based management, IDLO is pleased to share this Evaluation Brief (summarised evaluation report): “Strengthening Enforcement of Court Decisions in Mongolia - Phase I and II”. The evaluation has been conducted by independent evaluation experts, supervised by IDLO’s Evaluation Unit.
  • Competition is crucial to developing healthy and productive markets, strengthening the private sector, reducing poverty and promoting economic growth. However, it can be challenging to develop effective competition policy, especially in transition countries. In Montenegro, judges are hampered by insufficient knowledge of competition law, limited experience with related cases, and a lack of training.
  • As in many transition countries, non-enforcement of court decisions in the Kyrgyz Republic remains a key obstacle to investor confidence. Litigants and lawyers attest to lengthy delays and a large number of unenforced judgments and debtors who hide assets and evade court orders. The Court Department, which is responsible for supervising the work of enforcement agents, conducts its own ad hoc training in cooperation with other government agencies and departments. However, it does not currently offer a systemic training program. 
  • Croatia has eight first instance commercial courts and one High Commercial Court, and is committed to raising the capacity of its commercial court judges to resolve cases related to insolvency matters. The Judicial Training Academy has incorporated insolvency training into its annual program almost every year since 2010. However, there is still more progress to be made, especially regarding impediments to the resolution of non-performing loans which highlights the importance of the legal framework on insolvency law.
  • The economy and banking sectors of Tajikistan face a number of factors affecting the country’s business environment, including high interest rates and weak enforcement. At the core of the banking crisis is the fact that banks do not use the judiciary to support the enforcement of contracts. This in turn affects the construction sector, which, despite the challenging banking environment, is experiencing considerable growth. The justice system in its current condition is not able to address the construction sector disputes that inevitably surface as the sector expands.
  • Over a decade has passed since the end of conflict in Liberia, but incidence of sexual and gender-based violence has not diminished. Numerous studies reveal an extremely high prevalence of sexual and gender-based violence. According to an IDLO study, in 2015 1396 cases were reported to the Montserrado five one-stop clinics alone. Among those cases, 267 were reported to the Women’s and Children’s Protection Section within the Liberia National Police, 119 received an indictment, while only 3 cases went through to trial.
  • A strong regime of intellectual property (IP) law is crucial for fostering increased investment and innovation in key sectors of the economy. In recent years Tunisia has focused on building and implementing a policy for attracting foreign investment. Following the adoption of the new constitution, many laws regulating the economy were revised and a new investment code was adopted. The Tunisian government has also strengthened the legal framework for protecting IP, by acceding to the majority of treaties relating to IP and passing several laws on these matters.
  • The Court Department under the Supreme Court of the Kyrgyz Republic currently lacks a managerial and institutional strategy necessary to address increasing commercial litigation turnover and legal preparedness among bailiffs, which undermines the credibility and functionality of the judicial system. Despite the progress achieved by the judicial system in improving its commercial law capacity, enforcement of judicial decisions remains a hindrance to an effective commercial dispute resolution framework.
  • As part of IDLO’s continuous commitment to accountability and results-based management, IDLO is pleased to share this Evaluation Brief (summarised evaluation report): “Thematic Evaluation of the International Development Law Organization's (IDLO) Support to the Kenyan Constitution Implementation Process with a Focus on Devol
  • The Brief (or Lessons Learned Brief), titled Avoiding Violence and Enhancing Legitimacy: Judicial Preparedness for Handling Electoral Disputes in Kenya and Beyond, explores IDLO’s support to the Kenyan judiciary to resolve electoral disputes. The 2007 electoral violence in Kenya demonstrated that disastrous consequences can follow when the electoral dispute resolution system is not trusted to deal fairly and efficiently with contested elections.
  • The Constitution of Kenya requires the Government to facilitate access to justice for all citizens, as it remains a critical pillar for poverty reduction and sustainable development. To this end, IDLO has been supporting the Kenyan judiciary since April 2012 to strengthen its capacity to administer and enhance access to justice for all Kenyans.
  • As part of IDLO’s continuous commitment to accountability and results-based management, IDLO is pleased to share this Evaluation Brief for the project, "Enhancing the Capacity of the Legal Professional in Somalia for the Delivery of Justice". The evaluation has been conducted by independent evaluation experts, supervised by IDLO’s Evaluation Unit.
  • Since the Maidan Revolution of 2013-2014, Ukraine has worked to reform the judiciary, including the judgement enforcement system for commercial matters. As in many transition countries, non-enforcement of commercial court decisions in Ukraine remains a key problem, affecting not only investor confidence, but also the functioning of the entire judiciary.
  • Despite significant donor assistance and a marked improvement over the past decade, Afghanistan's justice institutions still suffer from a severe lack of capacity across a range of basic competencies. These deficiencies persist due to a variety of factors, including the high turnover of staff in justice sector institutions and a lack of focus on developing the internal capacity of institutions to manage their own professional development.
  • The criminal justice system in the Philippines experiences poor coordination among agencies, particularly police and prosecutors. Currently, there is a shortage of prosecutors to take criminal cases to trial in the Department of Justice (DOJ), and many of those who serve on behalf of the people require support in order to perform their duties with a high level of necessary knowledge, skills and ethics.
  • Tajikistan’s enforcement framework and practice is considered to be the poorest in the region according to an assessment by the European Bank for Reconstruction and Development (EBRD).  Non-enforcement and lengthy delays of court decisions, particularly with regards to commercial matters, is a significant problem which affects investor confidence and, as a result, economic indicators.
  • IDLO has been working with the Kyrgyz Judiciary to support the establishment of a functional, credible and transparent legal system, since the adoption of the 2010 Constitution. Despite many positive developments, the rule of law sector has faced a number of problems – chief among them inadequate financing, which risks undermining judicial independence and makes access to justice a challenge, as well as transparency and accountability.
  • In recent years, following a growth spur which made it the fastest growing economy in the world, Mongolia has experienced rapid economic and social downturn. Although the years of growth yielded wealth and investment, the country was unable to prepare for a recession due to corruption, inflation, distortion of the local economy and environmental degradation. One of the key obstacles to sustainable growth and development is the weak and poorly prepared judiciary.
  • Mongolia’s rapid economic and social growth over the last few years is threatened by low-quality and unenforced court decisions. Despite a series of judicial reforms launched by the Government, Mongolia still lacks the legislative framework necessary to enforce court decisions or a strategy to address a growing caseload. Moreover, bailiffs’ inadequate legal knowledge and skills weaken the credibility and efficiency of the judiciary system and impede its proper functioning.
  • Terrorism trials in Somalia have overwhelmingly been conducted in military courts under military laws that do not afford rights to the accused as enshrined in international human rights law or the Somali Provisional Constitution. Recognizing the weakness of the current system and the security threat posed by Somalia’s overloaded prison capacity, the Government of Somalia has decided to move the bulk of the current serious crimes caseload and all future caseloads to the civilian criminal court system.
  • IDLO is supporting the training departments of the Myanmar Union Attorney General’s Office (UAGO) and the Office of the Supreme Court of the Union (OSCU) to strengthen their capacity development strategies. The long-term goal is to help justice sector institutions implement their strategic priorities of modernizing training programs by improving the knowledge, skills and abilities of judges, law officers and court staff, and enhancing their professional development.
  • As part of IDLO’s continuous commitment to accountability and results-based management, IDLO is pleased to share this Evaluation Brief (summarised evaluation report): “Commercial Law Judicial Capacity Building in Mongolia”. The evaluation has been conducted by independent evaluation experts, supervised by IDLO’s Evaluation Unit.
  • As part of IDLO’s continuous commitment to accountability and results-based management, IDLO is pleased to share this Evaluation Brief (summarised evaluation report): “Enhancing the Capacity of the Judiciary of South Sudan”. The evaluation has been conducted by independent evaluation experts, supervised by IDLO’s Evaluation Unit. This exercise utilized a theory-driven, mixed-method approach, in line with the IDLO Evaluation Guidelines and OECD DAC standards.
  • Mongolia has formally joined IDLO,  the latest stage in an expanding partnership for the advancement the rule of law. The  first communist-ruled nation outside the Soviet Union, Mongolia has over the last two decades built a democracy that is untypical of its region. But for all the efforts of its political class and civil society, it has some way to go to improve governance, enhance access to justice, and reduce inequality.
  • Unless it boosts capacity in commercial law, Mongolia risks discouraging inward investment, not least in the vital mining sector. To avoid this happening, IDLO has been working with Mongolia's Supreme Court and Judicial General Council to improve the courts' ability to apply commercial law.  In particular, we have ensured that 24 Mongolian judges are equipped to train their peers in areas such as mining disputes, intellectual property and competition law.
  • Mongolia’s investment climate is chronically undermined by poor enforcement of rulings. In an effort to improve the enforcement rate, IDLO has been helping strengthen the Mongolian General Executive Agency of Court Decisions by  building the capacity of more than 200 bailiffs (12 of them bailiffs-trainers) in areas including sale and seizure of property, mediation and international arbitration, and conflict management.
  • IDLO has concentrated its efforts on the city of Mopti. As well as an important commercial center and Mali's country's main port, Mopti forms both the geographic and symbolic link between the country's North and South. During the conflict, it served as a frontline destination for displaced people.
  • Following the April 2010 Revolution in the Kyrgyz Republic, an interim government came to power promising to end many of the injustices that had prompted the overthrow of the country’s previous two presidents. Many reforms carried out during the interim period were focused on improving the foundation and application of the rule of law. Despite initial steps made towards progress in this area, the political events of 2010, including ethnic violence, significantly undermined potential progress in the rule of law.
  • As a long-term partner of the College of Law at the University of Juba, IDLO helped align the teaching system with South Sudan's new legal context and regional standards. With the majority of its justice sector professionals educated in Islamic/civil law, South Sudan faces the dual task of increasing its overall population of qualified legal professionals and simultaneously retraining practicing lawyers and prosecutors.
  • As Yemen launched its democratic transformation, its judiciary requested IDLO’s technical assistance to strengthen the capacity of new and sitting judges and staff. Working with the High Judicial Institute in Sana’a, we have helped officials train new judges, by providing technical guidance to draft and update the Institute’s curriculum, while delivering training sessions on commercial and maritime law.
  • IDLO is working with the Ministry of Justice to develop training methodology and curricula for both general and specialized, skills-based courses for Ministry of Justice public prosecutors, legal counsels and public and private lawyers, and members of civil society organizations. By developing legal training materials for justice professionals and working to establish a pool of qualified national trainers to engage in future legal training activities, IDLO is supporting the establishment of a Legal Training Institute.
  • With a reliable justice system, the Judiciary of South Sudan plays a vital role to secure lasting peace and stability in South Sudan. To this end, IDLO is working with the Judiciary of South Sudan to enhance the capacity of judges, judicial support staff and judicial assistants in procedural, substantive legal subjects and English language skills. This capacity building serves to improve the quality and delivery of judicial services in line with the country’s laws and international standards.
  • IDLO has been assisting the Ministry of Justice in developing a framework to enshrine the rule of law. In particular, we collaborated with the Ministry, the judiciary and other institutions to develop of a two-year Justice Sector Action Plan. The initiative was designed to help strengthen institutional capacity lay the foundations for a sustainable and effective justice system.
  • IDLO has been working with the government of Kyrgyzstan to establish a functional, credible and transparent legal system since the adoption of the 2010 Constitution. Despite many positive developments over the last four years, the rule of law sector continues to face problems; inadequate financing risks undermining judicial independence and makes access to justice a challenge.
  • Launched in March 2013 in partnership with the Afghan government, the Justice Training Transition Program (JTTP) offers justice professionals unprecedented levels of training in core legal skills and competencies. It provides continuing education courses on Afghan law to provincial courts, the Ministry of Justice and other government bodies. By far our most ambitious program anywhere, JTTP also provides criminal justice training and mentoring for Afghan prosecutors, judges, defense attorneys and investigators.
Subscribe to RSS - Building Judicial Capacity