[PDF] Standards Of Proof In International Humanitarian And Human Rights Fact Finding And Inquiry Missions eBook

Author : Rob Grace
Publisher : Cambridge University Press
Page : 343 pages
File Size : 48,88 MB
Release : 2017-10-12
Category : Law
ISBN : 1107164478

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This book offers a portrait of the practice of monitoring, reporting, and fact-finding in the domain of human rights, international humanitarian law, and international criminal law. By analyzing the experiences of fifteen missions implemented over the course of the past decade, the book illuminates the key issues that these missions face and offers a roadmap for practitioners working on future missions. This book is the result of a five-year research study led by the Program on Humanitarian Policy and Conflict Research at Harvard University, Massachusetts. Based on extensive interviews conducted with fact-finding practitioners, this book consists of two parts. Part I offers a handbook that details methodological considerations for the design and implementation of fact-finding missions and commissions of inquiry. Part II - which consists of chapters written by scholars and practitioners - presents a more in-depth, scholarly examination of past fact-finding practices.

Author : Christian Henderson
Publisher : Bloomsbury Publishing
Page : 508 pages
File Size : 45,69 MB
Release : 2017-05-18
Category : Law
ISBN : 1782258779

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This timely and pertinent collection looks at the variety of questions involved in the operation of Commissions of Inquiry (CoIs). Traditionally existing as pure fact-finding bodies, in recent times the function of CoIs has arguably shifted and broadened so as to provide a form of legal adjudication. This shift in their application merits scrutiny and this edited collection of essays addresses institutional and procedural aspects of CoIs, as well as issues in regards to the application and interpretation of the substantative law applied to them. Essay topics include the relationship of CoIs with, and impact upon, traditional forms of adjudication, the influences of international law upon the work of CoIs, through to issues of procedural fairness. Drawing upon the expertise of scholars working within in the field, it offers an insightful and critical analysis of CoIs.

Author : Philip Alston
Publisher : Oxford University Press
Page : 577 pages
File Size : 44,65 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 : James Gerard Devaney
Publisher : Cambridge University Press
Page : 307 pages
File Size : 13,52 MB
Release : 2016-09-29
Category : Law
ISBN : 1107142210

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A comprehensive study of the topical issue of fact-finding which makes realistic proposals to address the ICJ's problematic practice in this area.

Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
Page : 500 pages
File Size : 45,9 MB
Release : 2013-11-16
Category : Law
ISBN : 8293081783

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This book discusses how fact-finding mechanisms for alleged violations of international human rights, humanitarian and criminal law can be improved. There has been a significant increase in the use of international, internationalised and domestic fact-finding mechanisms since 1992, including by the United Nations human rights system, international commissions of inquiry, truth and reconciliation commissions, and NGOs. They are analysed and assessed in detail by 19 authors under the common theme 'Quality Control in Fact-Finding'. The authors include Richard J. Goldstone, Martin Scheinin, LIU Daqun, Charles Garraway, David Re, Simon De Smet, FAN Yuwen, Isabelle Lassée, WU Xiaodan, Dan Saxon, Chris Mahony, Dov Jacobs, Catherine Harwood, Lyal S. Sunga, Wolfgang Kaleck, Carolijn Terwindt, Ilia Utmelidze and Marina Aksenova. Serge Brammertz has written the Preface, and LING Yan a Foreword. The book emphasises quality awareness and improvement in non-criminal justice fact-work. This quality control approach recognises, inter alia, the importance of leadership in fact-finding mechanisms, the responsibility of individual fact-finders to continuously professionalise, and the need for fact-finders to be mandate-centred. It is an approach that invites the consideration of how the quality of every functional aspect of fact-finding can be improved, including work processes to identify, locate, obtain, verify, analyse, corroborate, summarise, synthesise, structure, organise, present, and disseminate facts. The book also considers regulatory approaches to enhance quality and professionalisation.

Author :
Publisher : Springer Nature
Page : 1625 pages
File Size : 48,16 MB
Release : 2023-02-15
Category : Political Science
ISBN : 3319743198

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This encyclopedia provides an authoritative guide intended for students of all levels of studies, offering multidisciplinary insight and analysis of over 500 headwords covering the main concepts of Security and Non-traditional Security, and their relation to other scholarly fields and aspects of real-world issues in the contemporary geopolitical world.

Author : Jasmina Mačkić
Publisher : BRILL
Page : 325 pages
File Size : 19,96 MB
Release : 2018-07-10
Category : Law
ISBN : 9004359850

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In Proving Discriminatory Violence at the European Court of Human Rights Jasmina Mačkić unveils the evidentiary issues faced by the European Court of Human Rights when dealing with cases of discriminatory violence. In that context, she evaluates the Court’s application of the standard of proof ‘beyond reasonable doubt’ and aims to answer the question whether that standard forms an obstacle in establishing the occurrence of discriminatory violence. In addition, she offers an assessment into the circumstances in which the burden of proof may shift from the applicant to the respondent state. The author also looks at the types of evidentiary materials that may be used by the Court in order to establish discriminatory violence.

Author : Prof. Dr. Ken MacLean
Publisher : Univ of California Press
Page : 299 pages
File Size : 37,5 MB
Release : 2022-03-01
Category : Political Science
ISBN : 0520385411

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Crimes in Archival Form explores the many ways in which human rights "facts" are produced rather than found. Using Myanmar as his case study, Ken MacLean examines the fact-finding practices of a human rights group, two cross-border humanitarian agencies, an international law clinic, and a global NGO-led campaign. Foregrounding fact-finding, in critical yet constructive ways, prompts long overdue conversations about the possibilities and limits of human rights documentation as a mode of truth-seeking. Such conversations are particularly urgent in an era when the perpetrators of large-scale human rights violations exploit misinformation, weaponize disinformation, and employ outright falsehoods, including deepfakes, to undermine the credibility of those who document abuses and demand accountability in the court of public opinion and in courts of law. MacLean compels practitioners and scholars alike to be more transparent about how human rights "fact" production works, why it is important, and when its use should prompt concern.