Institutional Inosculation: The International Commission Against Impunity in Guatemala (CICIG), International Rule of Law Mechanisms, and Creating Institutional Legitimacy in Post-Conflict Societies

The International Commission against Impunity in Guatemala, which brings international prosecutors into Guatemala to co-prosecute cases of criminal networks in national courts alongside national prosecutors, presents a novel model for transnational justice cooperation, labeled in this Note as a “grafting” mechanism.  In contrast with traditional approaches of truth commissions, international tribunals, and hybrid tribunals, grafting mechanisms do not create new or freestanding mechanisms but attach international elements to existing national institutions to promote cooperation and innovation, according to local needs.  Through the lens of transitional justice and rule of law scholarship, this Note explores what factors define a grafting mechanism and allow it to restore public trust and strength to national justice institutions in the context of post-conflict societies.

57 Colum. J. Transnat'l L. 535