Criminal Justice and Rule of Law Capacity Building to Counter Terrorism in Fragile Institutional Contexts: Lessons From Development Cooperation

Rule of law–based criminal justice responses to terrorism are most effectively ensured when they are practiced within a criminal justice system capable of handling ordinary criminal offenses while protecting the rights of the accused and when all are equally accountable under the law. Building the capacity of weak criminal justice systems to safeguard mutual rights and responsibilities of governments and their citizens is essential for the alleviation of a number of conditions conducive to violent extremism and the spread of terrorism. A new wave of multilateral counterterrorism initiatives has the opportunity to recalibrate how criminal justice and rule of law–oriented counterterrorism capacity-building assistance is delivered to developing states with weak institutions.

This policy brief argues that aligning counterterrorism capacity-building agendas within a framework informed by the Paris Principles and the development cooperation experience could greatly enhance the effectiveness and sustainability of criminal justice and rule of law capacity-building assistance in general and in preventing terrorism specifically.