Strengthening the rule of law is widelyregarded among traditional donors, multilateralinstitutions, and a growing number of middle income andfragile states as a necessary precondition for sustainablepeace, poverty alleviation, and development. Crime andviolence deter investment and lower employment, underminesocial institutions, and divert resources through direct andindirect costs, all of which hinder development. It islikely to disproportionately affect poor and marginalizedpopulations by limiting access to basic services. The formalcriminal justice system is seen in many environments asfailing to deliver justice. Most states experiencingfragility do not have the capacity to effectively preventcrime, enforce laws, or peacefully resolve disputes acrossthe whole of their territories. There is another powerfuldeterrent for communities to seek redress through statecriminal justice institutions: they are frequently a primaryinstrument for the government and elites to maintain powerand control through the perpetration of injustice. Theinformal system, however, is alone insufficient to handlethe pressing justice requirements of fragile states, notleast for preventing and responding to inter-communalconflict, to serious organized and cross-border crime, andto public corruption and other 'white collar' crime.
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