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

Miguel Zamora*

Post-conflict societies often face challenges in achieving justice for crimes committed during the conflict, establishing truth, securing reparations, and establishing guarantees of non-recurrence. Layered over these challenges are other common challenges in the justice system to restoring rule of law, both in absolute terms in applying and fulfilling the law and re- building societal trust in State institutions. The International Commission against Impunity in Guatemala (“CICIG”), 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. The Note first discusses the new analytical framework of grafting mechanisms and then explores the creation and experience of the CICIG before attempting to glean lessons for future grafts. The Note concludes that for a successful graft, flexibility, collaboration, and a dynamic relationship between the national and international parts of the graft are necessary.

* Miguel Zamora holds a J.D. from Columbia Law School and a B.A. in International Relations from Tufts University. He previously worked on a variety of human rights issues in Central America. He wishes to thank Professor Daniel Richman and Léa Réus for their invaluable advice.