Why ILAC
One common characteristic after war and armed conflict is the collapse of the legal system. Through improved international cooperation and coordination, international assistance in rebuilding justice systems could become much more effective.
In the last decade the world has seen a number of internal conflicts e.g. Haiti, Rwanda, Bosnia, Kosovo, Cambodia, East Timor, Liberia, etc. where a common characteristic has been the collapse of the legal system. In order for civil and commercial life to become sustainable following hostilities, it is necessary for the rule of law to prevail, underpinned by a working justice system that has the respect and confidence of all parts of the community.
The international community has played a prominent role in assisting nations to rebuild justice systems shattered by war. However, while some of these efforts have been successful, all too often organisations offering assistance arrive in countries uninvited, each acting independently of one another, often duplicating efforts or working at cross purposes.
In the light of this experience, it is generally recognised that – through improved planning, coordination and cooperation – international assistance to rebuild justice systems could become much more effective.
Previously there was no international mechanism to report impartially and authoritatively, on a basis acceptable to all, on the state of the justice system and recommendations to begin the process of rehabilitation. A further weakness is that such reports as are produced are not implemented, or implementation actions are uncoordinated.
The International Legal Assistance Consortium (ILAC) exists to fill these gaps. ILAC is a consortium of Non Governmental Organisations (NGOs) with experience in rebuilding justice systems, which has come together to fill a gap in current international capability. ILAC has today more than 40 member organisations, together representing more than 3 million lawyers from various parts of the world.
ILAC's aims are:
1. To put together a team of qualified experts to make an initial assessment of a justice system in a post conflict situation and, working with the host government, make recommendations on what is needed to rebuild that justice system. ILAC's reports reflect what resources are available in country and highlight the assistance that is needed from the international community.
2. To promote to IGOs, Donor Governements and the ILAC membership the recommendations of the initial assessment and help the host government and UN coordinate the implementation of such recommendations.
3. To provide a single, central source of reports, analyses, writings, experience and developing thinking on the challenges faced by justice systems in the aftermath of armed conflict.
ILAC assessment teams are selected to ensure relevant legal background and skills, gender balance, cultural and linguistic familiarity with the region and strict impartiality. Whenever possible, assessments are made with the cooperation of the national governement and in coordination with local organisations.
In addressing these aims, ILAC provides a unique service. Organisations of legal and human rights experts worldwide have agreed to come together to create the best possible team to make an initial assessment of what is needed to rebuild a justice system while maintaining their independence to implement the identified actions areas. An ILAC assessment is made with the cooperation of the host government and carries the authority of the whole consortium. This allows ILAC's highly qualified membership NGOs to use their resources to provide assistance through implementing the necessary programs rather than merely assessing needs. Moreover, ILAC provides for the first time a single source of information and experience on justice systems in post conflict situations.