A/CONF. 187/3 the effectiveness of crime control and, where such effec- goals. There are many examples of cases in which tiveness is reduced or seen to be reduced, it is important conventional organized criminal groups have committed that those involved understand the benefits that accrue in violent acts for political ends or to interfere with the course other areas. The ultimate objective should not be to of justice. There are also many cases in which groups achieve specific goals in terms ofrights protection or crime generally regarded as terrorist in nature have committed control. but a viable balance between the two, having conventional crimes in order to finance their activities or regard for the needs of the society involved further their goals 29. Secondly, it is incumbent on all of those who press 32. Upholding the rule of law and strengthening the for the strengthening of the rule of law in any context to integrity of criminal justice systems are major elements of step back and consider the rule of law as an important State responses to terrorism and high-profile symbols of social and legal structure in its own right. This is needed to State authority. This makes individuals such as judges or ensure that elements of the rule of law are developed in prosecutors potential targets for terrorist groups seeking to balance with one another in the context of the society for disrupt operations or discredit the moral authority of the hich they are proposed and that nothing is left out law. More generally, random violence against other targets 30. Finally, as noted in the discussion about the nature of is used to demonstrate that the State cannot protect its the rule of law above, It is important to recognize that the citizens everywhere and all of the time or to provoke a rule of law is much more than a legal construct. reaching harsh reaction from the State. The inability of the into social and cultural foundations of a society for the Government to cope with terrorism through law enforce- strength needed to support the framework of the law itself. ment procedures within the rule of law may strengthen the The very utility of the rule of law as a mechanism for voice of those who advocate the use of martial law or other structuring laws and social conduct and for stabilizing extralegal methods to do so. If the Government cannot legality against counter-forces depends on the depth of its effectively stop a terrorist campaign, there is also the foundation and the care with which it is developed. In danger that groups of citizens will take the law into their taking a comprehensive approach to rule of law projects, it is important to take into account the magnitude of the 33. Organized-crime and high-level corruption offences task and the fact that the reforms underlying the rule of law tend to be crimes of the powerful. Those involved often take time to take root in developing societies, whose have both the motivation and the means to manipulate or nembers must internalize them and acquire a sense of distort the application of law, legal proceedings and even ownership. It is necessary for both donor and developing the making of laws to gain unfair advantage or to avoid countries to be realistic in their expectations regarding criminal liability for their offences. Where these activities such efforts. As one recent commentary puts it"Rewriting are pervasive or present at the highest levels in a society, constitutions, laws and regulations is the easy part. they can neutralize or disrupt the rule of law to the point Far-reaching institutional reform, also necessary, is where it could be said that legalism exists in name only, if arduous and sle at all. Those with sufficient power or resources find it unnecessary to actually engage in corrupt interventions because those in the justice system, having come to VI. The rule of law terrorism understand that there is no point in attempting to apply the organized crime and corruption law in such cases, do not pursue investigations or lay or prosecute charges. Victims, who normally press the State 31. Most conventional criminal offences do not raise to take action, may be intimidated to the point where they significant concerns for the rule oflaw, but those involving instead refuse to cooperate organized crime, terrorism and corruption are exceptions 34. This erodes the rule oflaw by eroding equality before for several reasons. Terrorism is of concern because acts the law and the ability of the system to treat the powerful are generally directed against the State or civil society and and the powerless on the same legal basis. In high-profile its institutions, which makes it a threat to the rule of law cases, the erosion goes beyond the individual case at hand and many of the other social structures that support it. Acts and comes to represent a threat to basic legitimacy. Faced of terrorism are not confined to" political groups: they are with the avoidance of law by the powerful, the rest of the also sometimes used as a tactic in support of criminal population either does not comply with the law or compliesA/CONF.187/3 8 the effectiveness of crime control and, where such effec￾tiveness is reduced or seen to be reduced, it is important that those involved understand the benefits that accrue in other areas. The ultimate objective should not be to achieve specific goals in terms of rights protection or crime control, but a viable balance between the two, having regard for the needs of the society involved. 29. Secondly, it is incumbent on all of those who press for the strengthening of the rule of law in any context to step back and consider the rule of law as an important social and legal structure in its own right. This is needed to ensure that elements of the rule of law are developed in balance with one another in the context of the society for which they are proposed and that nothing is left out. 30. Finally, as noted in the discussion about the nature of the rule of law above, it is important to recognize that the rule of law is much more than a legal construct, reaching into social and cultural foundations of a society for the strength needed to support the framework of the law itself. The very utility of the rule of law as a mechanism for structuring laws and social conduct and for stabilizing legality against counter-forces depends on the depth of its foundation and the care with which it is developed. In taking a comprehensive approach to rule of law projects, it is important to take into account the magnitude of the task and the fact that the reforms underlying the rule of law take time to take root in developing societies, whose members must internalize them and acquire a sense of ownership. It is necessary for both donor and developing countries to be realistic in their expectations regarding such efforts. As one recent commentary puts it “Rewriting constitutions, laws and regulations is the easy part. Far-reaching institutional reform, also necessary, is arduous and slow.”2 VI. The rule of law, terrorism, organized crime and corruption 31. Most conventional criminal offences do not raise significant concerns for the rule of law, but those involving organized crime, terrorism and corruption are exceptions for several reasons. Terrorism is of concern because acts are generally directed against the State or civil society and its institutions, which makes it a threat to the rule of law and many of the other social structures that support it. Acts of terrorism are not confined to “political” groups: they are also sometimes used as a tactic in support of criminal goals. There are many examples of cases in which conventional organized criminal groups have committed violent acts for political ends or to interfere with the course of justice. There are also many cases in which groups generally regarded as terrorist in nature have committed conventional crimes in order to finance their activities or further their goals. 32. Upholding the rule of law and strengthening the integrity of criminal justice systems are major elements of State responses to terrorism and high-profile symbols of State authority. This makes individuals such as judges or prosecutors potential targets for terrorist groups seeking to disrupt operations or discredit the moral authority of the law. More generally, random violence against other targets is used to demonstrate that the State cannot protect its citizens everywhere and all of the time or to provoke a harsh reaction from the State. The inability of the Government to cope with terrorism through law enforce￾ment procedures within the rule of law may strengthen the voice of those who advocate the use of martial law or other extralegal methods to do so. If the Government cannot effectively stop a terrorist campaign, there is also the danger that groups of citizens will take the law into their own hands. 33. Organized-crime and high-level corruption offences tend to be crimes of the powerful. Those involved often have both the motivation and the means to manipulate or distort the application of law, legal proceedings and even the making of laws to gain unfair advantage or to avoid criminal liability for their offences. Where these activities are pervasive or present at the highest levels in a society, they can neutralize or disrupt the rule of law to the point where it could be said that legalism exists in name only, if at all. Those with sufficient power or resources find it unnecessary to actually engage in corrupt interventions because those in the justice system, having come to understand that there is no point in attempting to apply the law in such cases, do not pursue investigations or lay or prosecute charges. Victims, who normally press the State to take action, may be intimidated to the point where they instead refuse to cooperate. 34. This erodes the rule of law by eroding equality before the law and the ability of the system to treat the powerful and the powerless on the same legal basis. In high-profile cases, the erosion goes beyond the individual case at hand and comes to represent a threat to basic legitimacy. Faced with the avoidance of law by the powerful, the rest of the population either does not comply with the law or complies