IDLO AND ITS ROLE IN STRENGTHENING THE RESILIENCE OF THE LEGAL SYSTEM TO THE GLOBAL CRISIS

IDLO AND ITS ROLE IN STRENGTHENING THE RESILIENCE OF THE LEGAL SYSTEM TO THE GLOBAL CRISIS
 
As the world enters the third decade of the 21st century with a series of intertwined global crises – from pandemics, climate change, armed conflicts to energy and food crises and economic instability – the question of the resilience and adaptability of legal systems has become one of the central issues of national governance and international cooperation. Law, which is considered the foundation of social order and a tool to ensure human rights, now has to shoulder the responsibility of regulating emergency measures while maintaining the rule of law under conditions of stress and uncertainty. However, practice shows that many legal systems, especially in developing countries, are fragile, incompetent and vulnerable to global shocks, thereby exacerbating inequality and social instability. In this context, the International Development Law Organization (IDLO) has emerged as an intergovernmental entity with a unique mission: to promote the rule of law and legal-based development. With experience operating in many vulnerable areas, IDLO not only supports countries in building, strengthening and reforming their legal systems, but also directly contributes to enhancing the resilience of legal institutions to global fluctuations. Therefore, analyzing the role of IDLO in the current context is of great significance both in theory and practice, contributing to clarifying the role of law in crisis management, as well as affirming the value of international cooperation based on the rule of law as a foundation for peace, stability and sustainable development.
1. Background
In the context of the 21st century, the world is facing a series of global crises of a complex, overlapping and interactive nature, posing unprecedented challenges to political, economic and legal systems. Crises no longer appear in isolation, but often occur simultaneously, creating a resonant impact that pushes the response capacity of countries, especially developing countries, to the limit. One of the most obvious global crises is the COVID-19 pandemic, an event that not only causes huge human losses but also paralyzes the world economy, disrupts supply chains, pushes hundreds of millions of people into poverty and shakes confidence in global governance capacity. The pandemic exposes legal loopholes in the field of public health, posing the problem of balancing the need to protect public health with the maintenance of basic human freedoms. In addition, the emergency measures adopted by many countries have led to concerns about abuse of power, restrictions on press freedom, the right to protest and access to information, suggesting that a health crisis can lead to a rule of law crisis without appropriate oversight and legal mechanisms.
Along with the pandemic, climate change has emerged as an existential and long-term challenge. Rising global temperatures, rising sea levels, and extreme natural disasters occurring with increasing frequency and intensity have directly impacted socio-economic life and human security. Millions of people have lost their homes due to floods, prolonged droughts threaten food security, coastal countries face the risk of losing their territories, and small island states are pushed to the brink of survival. Climate change also entails complex legal consequences, from cross-border resource disputes to environmental migration issues, from determining the responsibility of emitter countries to the need to build a legal framework on adaptation and disaster risk reduction. This increases pressure on the already weak legal systems in many countries, forcing them to meet urgent needs while pursuing long-term development goals in conditions of resource shortages.
In addition to pandemics and climate change, armed conflicts and political instability continue to pose a serious threat to global stability. Conflicts in Ukraine, the Middle East, Sudan, Afghanistan or the Horn of Africa not only cause enormous human and material losses, but also destroy legal and institutional infrastructure, undermine trust in authorities and leave a lasting legacy of injustice, violence and division. In these situations, the legal system is often ineffective or exploited as a tool of political repression, while people lose access to basic justice. The consequences of conflict often extend beyond the national level, but also spread to the region through waves of refugees, arms trafficking and cross-border terrorism, creating a spiral of instability that is difficult to control. From a rule of law perspective, armed conflicts are a harsh test of the capacity of the legal system to maintain order, protect human rights and create sustainable peace.
Not stopping there, energy and food crises are also emerging as urgent global issues. Disruptions in energy supply due to geopolitical conflicts, along with the impact of climate change, have pushed up energy and food prices, increasing the burden on importing countries. These shocks are not only purely economic issues but also contain legal aspects, when countries are forced to issue emergency measures such as price controls, subsidies, and export restrictions, which risk violating international trade commitments. In that context, the requirement to build a legal framework to ensure energy and food security, while maintaining compliance with international law, becomes a difficult and complex problem.
What these crises have in common is that they are interconnected and synergistic , causing their negative impacts to increase exponentially. Pandemics exacerbate economic crises and social inequalities, climate change increases the risk of resource conflicts and migration, and armed conflicts weaken the ability to respond to climate change and epidemics. It is this interaction that creates the concept of “polycrisis”, where multiple threats coexist and interact, disrupting traditional governance based on the separation of issues. As a result, countries are increasingly faced with situations that their existing legal systems are not capable of regulating, leading to the risk of loss of control and a crisis of social trust.
In this context, the legal system plays a central role in crisis management, and is also the area directly affected by crises. On the one hand, the law is expected to provide a clear framework for emergency action, ensuring that even in extraordinary situations, state power is limited and monitored, and human rights are not arbitrarily violated. On the other hand, if the legal system is weak or inflexible, it will be paralyzed by the crisis, creating conditions for abuse of power, corruption and injustice to spread. Especially in developing countries, where the judicial system is already fragile, the global crisis becomes a harsh test of the resilience of the rule of law.
Thus, the current global context is characterized by the overlapping of many crises, from pandemics, climate change, armed conflicts to energy and food crises. These challenges not only threaten socio-economic stability but also pose an urgent need to strengthen, adjust and restructure the legal system to make it resilient, adaptable and at the same time ensure the rule of law. In this context, the role of international organizations such as IDLO becomes prominent, as they can bring professional resources, international experience and multilateral cooperation mechanisms to support countries to overcome crises while maintaining their commitment to the rule of law and human rights.
2. Legal challenges
In the context of multiple overlapping global crises, legal systems at the national and international levels are not only required to adapt to emergency situations, but also face a series of profound challenges related to their effectiveness, legitimacy, flexibility and ability to ensure social justice. One of the biggest challenges is the imbalance between the need for rapid state action and the maintenance of the rule of law. In times of crisis, governments often tend to expand their executive powers to implement emergency measures, such as declaring a state of emergency, imposing curfews, controlling the media, or restricting freedom of movement. However, without appropriate legal mechanisms to monitor and limit such powers, these measures can be abused, leading to human rights violations and a weakening of social trust. The COVID-19 pandemic is a case in point: many countries have resorted to emergency measures that have gone beyond what is necessary, including restricting press freedom, suspending elections or concentrating power in the hands of the executive, raising questions about the line between protecting the public interest and ensuring individual rights.
The second legal challenge relates to the gaps and inadequacies of the existing legal framework in response to emerging issues. Climate change creates a range of unprecedented legal situations, such as the rights of those forced to migrate due to rising sea levels or international legal responsibility for greenhouse gas emissions. Currently, international refugee law does not recognize the legal status of “environmental migrants”, while millions of people in small island states or coastal deltas are at risk of losing their homes. Similarly, legal mechanisms for cross-border environmental liability are fragmented and non-binding, making it difficult to hold states or large emitters accountable. This legal gap reflects the delay in adjusting the international legal system to the realities of the ongoing crisis.
In addition, armed conflicts and political instability continue to pose challenges to international humanitarian law and international human rights law. Although the Geneva Conventions and other international treaties have established a clear legal framework for the protection of civilians, prisoners of war, and restrictions on the use of weapons, in practice these principles are frequently violated without effective enforcement mechanisms. The prosecution of war crimes and crimes against humanity still depends on political cooperation between states, while many major powers have not joined or recognized the jurisdiction of the International Criminal Court (ICC). As a result, international law is often disregarded, creating a dangerous precedent for human rights violations in crisis situations.
Another challenge arises from inequalities in access to justice, which are exacerbated by the crisis. Vulnerable communities, including women, children, migrants, people with disabilities and ethnic minorities, often suffer the most but are less likely to seek protection from the legal system. In many cases, high legal costs, distance, legal ignorance or discrimination prevent them from accessing basic legal services. The COVID-19 pandemic has made this clear: while wealthier groups can easily adapt to online court proceedings or e-legal services, the poor and those in remote areas are largely excluded from the justice system due to lack of digital infrastructure. This highlights the urgent need to build inclusive and accessible legal frameworks, especially in times of crisis.
In addition, the compatibility and harmonization between national law and international law also pose a significant challenge. In many crisis situations, countries may issue emergency measures that contradict international commitments they have signed, such as restricting the export of food, energy or medical equipment, leading to tensions in trade relations and international cooperation. Meanwhile, international dispute resolution mechanisms are often slow and lack immediate binding force, leading many countries to tend to act unilaterally to protect short-term interests. This undermines the effectiveness of international law, which is based on the principle of cooperation and collective compliance.
Another important aspect of the legal challenge is the lack of institutional capacity and judicial resources in many developing countries. Their judicial systems are often overburdened, underfunded, understaffed, and sometimes subject to political interference. In times of crisis, when the need to resolve disputes, protect human rights, and monitor emergency measures increases, these weaknesses become even more apparent. Lack of resources not only hampers immediate response but also limits the capacity to develop and reform the law over the long term, leading to a risk of re-emergence of vulnerability to subsequent crises.
Finally, the rise of digital technology and cyberspace also creates new legal challenges in times of crisis. During the COVID-19 pandemic, digital surveillance technology has been used by many governments to track the spread of the virus, but this has also raised questions about privacy and the security of personal data. Similarly, in conflicts, cyberwarfare and disinformation have become strategic tools, but international law currently lacks adequate regulations on the scope and limits of their use. The potential for misuse of technology to violate human rights, combined with the slowness of the legal framework to keep up with scientific advances, means that the law faces a serious gap in modern crisis management.
In short, the legal challenges posed by the global crisis are multidimensional and complex: from balancing state power and protecting human rights, filling legal gaps on emerging issues, ensuring compliance with international human rights and humanitarian law, narrowing inequalities in access to justice, to enhancing the compatibility between national and international law, strengthening judicial capacity at the national level, and managing digital technology risks. These are challenges that are not only legal technical, but also linked to broader political, economic and social issues. Addressing them requires coordinated national, regional and international efforts, in which the role of international organizations specializing in the rule of law such as IDLO is extremely necessary.
3. The role of IDLO
In the context of multiple overlapping global crises, national and international legal systems are facing unprecedented complex challenges. It is in this context that the role of the International Development Law Organization (IDLO) becomes particularly important, as this organization not only promotes the rule of law but also directly supports countries in building, strengthening and operating legal systems that are resilient and adaptable to global fluctuations. Unlike many international organizations that focus on humanitarian, economic or security areas, IDLO positions itself as the only intergovernmental organization with a dedicated global mandate for the rule of law and law-based sustainable development, and operates at the intersection of law, human rights and governance. It is this distinction that gives IDLO a unique position in contributing to enhancing countries' crisis response capacity through its core pillars of operations: supporting law-making, strengthening the judicial system, ensuring human rights, promoting gender equality and strengthening public governance capacity.
One of IDLO’s greatest contributions to strengthening legal resilience in the face of global crises is its support for countries to develop and reform their legal frameworks in a way that is flexible while still ensuring the rule of law. In many emergency situations, countries are often forced to enact measures that restrict human rights to protect the public interest, but IDLO emphasizes that even in a crisis, fundamental rights cannot be arbitrarily nullified. Through its technical programs, IDLO supports legislative and executive bodies in drafting laws and decrees that are in line with international standards, allowing for rapid action while establishing mechanisms for monitoring and limiting power. For example, during the COVID-19 pandemic, IDLO has implemented several initiatives to help countries balance the protection of public health with the protection of privacy and individual freedoms, thereby limiting the risk of a “crisis of the rule of law” that accompanies a health crisis.
Second, IDLO plays a central role in strengthening judicial capacity and ensuring people’s access to justice in times of crisis. During a crisis, the need to resolve disputes, protect rights and monitor state actions often increases, but at the same time, court systems and judicial agencies face pressure from overload, lack of human resources and resources. IDLO has supported many countries in developing online trial mechanisms, improving court administration and applying digital technology to maintain trial activities in the context of social distancing due to the pandemic. In addition, IDLO also pays special attention to ensuring access to justice for vulnerable groups – those who are often left behind in crises, such as women, children, people with disabilities or migrants. Through community legal assistance projects, IDLO helps them have access to legal services at low or no cost, thereby contributing to narrowing the gap in inequality in justice.
Another important area is promoting gender equality and women’s empowerment in crisis contexts, which IDLO sees as key to strengthening the resilience of societies. Experience shows that in many crises, women and girls are often the most severely affected, from job loss, increased domestic violence to limited access to health and education services. IDLO has implemented a number of programs to support gender equality legal reforms, train female judges, lawyers and judicial officers, as well as promote women’s participation in decision-making processes. By integrating gender into crisis response policies and legal frameworks, IDLO not only protects women’s rights but also strengthens the inclusiveness and sustainability of the legal system as a whole.
In addition to supporting legislation at the national level, IDLO also plays an important role in strengthening international cooperation and promoting the compatibility of national laws with international law. In the context of transboundary crises, such as climate change, pandemics or migration, no country can solve them alone. IDLO acts as a bridge, promoting policy dialogue and building legal capacity so that countries can both protect their domestic interests and comply with international commitments. The policy advice and training activities of international legal experts that IDLO implements help developing countries better understand and implement their international obligations, and be able to participate more effectively in multilateral forums. This role is particularly important in ensuring that crisis response measures do not violate international human rights law or trade and environmental commitments.
Notably, IDLO also focuses on the aspect of public governance and anti-corruption, because in many crisis situations, corruption tends to increase due to laxity in supervision and the need to quickly disburse relief packages. Corruption not only diverts resources needed for crisis response but also erodes public trust in the state and the law. Recognizing this, IDLO implements programs to support the development of a transparent legal framework for emergency budget management, strengthen the accountability of public agencies, and enhance the capacity of anti-corruption agencies and civil society organizations. By strengthening the pillar of governance integrity, IDLO contributes to building a sustainable legal environment that is more resilient to future crises.
An emerging but increasingly significant aspect is IDLO’s role in managing technological risks and protecting human rights in the digital age. As discussed, the explosion of digital technology in times of crisis brings both opportunities and significant risks in terms of privacy, cybersecurity and disinformation. IDLO has launched research, workshops and policy recommendations to help countries develop legal frameworks that balance the benefits of technology and the protection of fundamental rights. This is particularly important as governments adopt surveillance technology during pandemics or cyberwarfare during conflicts. Through this approach, IDLO plays a role in ensuring that technological innovation does not become a pretext for human rights abuses during crises.
All of the above activities are embedded in IDLO’s strategic vision of building resilient legal systems. This is not only the ability of the law to respond quickly to current crises, but also the ability to learn, adapt and develop to be ready for future crises. In IDLO’s view, a resilient legal system must have the following characteristics: (i) flexibility, allowing for adjustments in emergency situations while still upholding the rule of law; (ii) inclusiveness, ensuring that all social groups, especially vulnerable groups, have access to justice; (iii) transparency and accountability, to limit the risk of abuse of power; (iv) international compatibility, to ensure effectiveness in handling cross-border crises; and (v) the ability to innovate, applying technology safely and responsibly. IDLO, with its global network, rich practical experience and rule of law expertise, is one of the few international organizations capable of helping countries achieve these characteristics.
It can be affirmed that the role of IDLO in strengthening the resilience of the legal system does not stop at providing legal technical support, but also extends to building social trust and the legitimacy of the state in the eyes of the people. When the law operates effectively, fairly and transparently in a crisis, people tend to trust and cooperate with response measures, thereby strengthening social solidarity - a key factor in overcoming the crisis. Conversely, when the legal system is seen as a tool to serve local interests, the collapse of social trust will lead to resistance, instability and prolong the negative impact of the crisis. IDLO, by emphasizing inclusiveness, human rights and the rule of law, has made an important contribution to nurturing that trust.
In short, in the context of a global crisis fraught with overlapping crises, IDLO has been asserting its irreplaceable role in strengthening the resilience of the legal system. By supporting law-making, strengthening the judicial system, ensuring justice for vulnerable groups, promoting gender equality, improving transparent governance, managing technological risks and promoting international cooperation, IDLO has contributed to building strong, adaptable rule of law systems that maintain fairness even in the most extreme circumstances. This not only helps countries respond effectively to the current crisis, but also lays the foundation for sustainable and stable development in the future, in line with the mission that IDLO has steadfastly pursued since its establishment: “Promoting the rule of law so that people and societies can thrive, even in crisis.”