[PDF] International Law And Fact Finding In The Field Of Human Rights eBook

Author : Bertrand G. Ramcharan
Publisher : Martinus Nijhoff Publishers
Page : 294 pages
File Size : 21,50 MB
Release : 2014-09-25
Category : Law
ISBN : 9004276882

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Human rights fact-finding is at the heart of efforts for the international protection of human rights. Gross violations of human rights are still a tragic feature of life in many parts of the world and governments responsible for them go to great lengths to hide them from detection and to avoid international scrutiny. When scrutiny does occur, governments frequently attack fact-finding reports to avoid further processes and the need to accept responsibility for the violations perpetrated. For this and for many other reasons, it is crucial that careful attention is paid to the substantive and methodological integrity of fact-finding reports. At the time of its original publication in 1982, this ground-breaking volume sought to identify fundamental norms and standards which could help to guarantee the quality and integrity of fact-finding reports. A lot has happened in human rights fact-finding since then. There are numerous human rights fact-finding rapporteurs within the United Nations system and within regional organizations; there are many international commissions of inquiry; international criminal tribunals have helped clarify various areas of the law; NGOs are extremely active in the field. Despite, or perhaps because of these developments, controversies over fact-finding reports are very common. A source of reference to help fact-finders strengthen their work is sorely needed, and this volume remains of inestimable value in that regard. The guidance it provides has stood the test of time and is as valuable today as it was when it was first advanced, arguably it is more valuable today when the need for objective standards of human rights fact-finding has become of urgent importance in a world in which the political ground is shifting visibly. The current volume is a re-issued version of the original text, with new introductory materials.

Author : Philip Alston
Publisher : Oxford University Press
Page : 577 pages
File Size : 28,40 MB
Release : 2016
Category : Law
ISBN : 0190239492

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Fact-finding is at the heart of human rights advocacy, and is often at the center of international controversies about alleged government abuses. In recent years, human rights fact-finding has greatly proliferated and become more sophisticated and complex, while also being subjected to stronger scrutiny from governments. Nevertheless, despite the prominence of fact-finding, it remains strikingly under-studied and under-theorized. Too little has been done to bring forth the assumptions, methodologies, and techniques of this rapidly developing field, or to open human rights fact-finding to critical and constructive scrutiny. The Transformation of Human Rights Fact-Finding offers a multidisciplinary approach to the study of fact-finding with rigorous and critical analysis of the field of practice, while providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field. The contributions to this book are the result of a major international conference organized by New York University Law School's Center for Human Rights and Global Justice. Engaging the expertise and experience of the editors and contributing authors, it offers a broad approach encompassing contemporary issues and analysis across the human rights spectrum in law, international relations, and critical theory. This book addresses the major areas of human rights fact-finding such as victim and witness issues; fact-finding for advocacy, enforcement, and litigation; the role of interdisciplinary expertise and methodologies; crowd sourcing, social media, and big data; and international guidelines for fact-finding.

Author : Torsten Stirner
Publisher : Martinus Nijhoff Publishers
Page : 520 pages
File Size : 21,12 MB
Release : 2021-07-15
Category : Law
ISBN : 9004463135

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This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights as well as the UN Human Rights Committee. It identifies underlying principles which govern the procedural law of these international human rights institutions. Based on the premise of a contextualized procedural law governing facts and evidence, the book analyzes where current approaches lack a foundation in the contextualization premise and offers solutions for recurring procedural problems relating to questions of subsidiarity in fact-finding, burden and standard of proof, as well as the admissibility and evaluation of evidence.

Author : Molly K. Land
Publisher : Cambridge University Press
Page : 333 pages
File Size : 12,43 MB
Release : 2018-04-19
Category : Computers
ISBN : 1107179637

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Provides a roadmap for understanding the relationship between technology and human rights law and practice. This title is also available as Open Access.

Author : Gerald Steinberg
Publisher : Martinus Nijhoff Publishers
Page : 224 pages
File Size : 28,13 MB
Release : 2012-03-02
Category : Law
ISBN : 9004218122

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This work outlines available resources and proposed standards for international NGO fact-finding missions: Chapter One presents an introduction to the issue of NGO fact-finding. Chapter Two discusses the problems caused by the lack of any generally-accepted guidelines for NGO fact-finding, in contrast with contexts where NGOs have achieved consensus. Chapter Three surveys proposed guidelines for human rights and humanitarian NGOs. In addition, this section examines United Nations fact-finding standards, as well as examples of internal fact-finding standards for major NGOs. Chapter Four analyzes the fact-finding standards used in five specific cases: the International Crisis Group (Kosovo, 1999), the Independent International Fact-Finding Mission on the Conflict in Georgia (Georgia, 2008), United Nations Office of the High Commissioner for Human Rights Mapping Exercise on the Democratic Republic of Congo (1993-2003), Conflict Analysis Resource Center/University London study on Amnesty International and Human Rights Watch (Colombia, 1988-2004), and Human Rights Watch (Lebanon, 2006). The final chapter offers conclusions and recommendations.