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Institutional Design, Prosecutorial Independence, and Accountability: Lessons from the International Commission against Impunity in Guatemala (CICIG)

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  • Verónica Michel

    (Department of Political Science, John Jay College-City University of New York, New York, NY 10019, USA)

Abstract

In 2007 the International Commission against Impunity in Guatemala began working to support the work of the Public Prosecutor’s Office to investigate and prosecute cases of corruption. In this short article, I address three questions: What was the design of CICIG? What were its results? How did the institutional design contribute to the impact it had in Guatemala? To answer these questions, I first discuss the problem of impunity and provide an interdisciplinary review of the factors that impact when a state punishes crime. In the following section, I briefly explain the institutionalist framework that guides my analysis of the work of CICIG and explain the theoretical importance of institutional design in the functioning of prosecutorial organs. In the third section I describe the institutional design of CICIG, its impact, and its limitations. In this section I explain how key characteristics in its design made this international commission a creative solution against impunity in a context where prosecuting state agents for human rights violations or corruption was virtually impossible. I conclude this article highlighting some key lessons from CICIG on matters of institutional design.

Suggested Citation

  • Verónica Michel, 2021. "Institutional Design, Prosecutorial Independence, and Accountability: Lessons from the International Commission against Impunity in Guatemala (CICIG)," Laws, MDPI, vol. 10(3), pages 1-13, July.
  • Handle: RePEc:gam:jlawss:v:10:y:2021:i:3:p:58-:d:594488
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    References listed on IDEAS

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    1. Kenneth E. Fernandez & Michele Kuenzi, 2010. "Crime and Support for Democracy in Africa and Latin America," Political Studies, Political Studies Association, vol. 58, pages 450-471, June.
    2. Lupu, Yonatan, 2013. "Best Evidence: The Role of Information in Domestic Judicial Enforcement of International Human Rights Agreements," International Organization, Cambridge University Press, vol. 67(3), pages 469-503, July.
    3. Aaron Chalfin & Justin McCrary, 2017. "Criminal Deterrence: A Review of the Literature," Journal of Economic Literature, American Economic Association, vol. 55(1), pages 5-48, March.
    4. Kenneth E. Fernandez & Michele Kuenzi, 2010. "Crime and Support for Democracy in Africa and Latin America," Political Studies, Political Studies Association, vol. 58(3), pages 450-471, June.
    5. Finnemore, Martha & Sikkink, Kathryn, 1998. "International Norm Dynamics and Political Change," International Organization, Cambridge University Press, vol. 52(4), pages 887-917, October.
    6. Anne Van Aaken & Eli Salzberger & Stefan Voigt, 2004. "The Prosecution of Public Figures and the Separation of Powers. Confusion within the Executive Branch -- A Conceptual Framework," Constitutional Political Economy, Springer, vol. 15(3), pages 261-280, September.
    7. Anne van Aaken & Lars P. Feld & Stefan Voigt, 2010. "Do Independent Prosecutors Deter Political Corruption? An Empirical Evaluation across Seventy-eight Countries," American Law and Economics Review, American Law and Economics Association, vol. 12(1), pages 204-244.
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    Cited by:

    1. Stuart S. Yeh, 2022. "New OSCE Recommendations to Combat Corruption, Money Laundering, and the Financing of Terrorism," Laws, MDPI, vol. 11(2), pages 1-23, March.

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