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The Law and Practice of International Commissions of Inquiry

Edited by: Jens Meierhenrich

ISBN13: 9780198743262
To be Published: March 2025
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £95.00



Jens Meierhenrich examines one of the most frequently used-but least understood-forms of humanitarian intervention: international commissions of inquiry (ICOIs). The international community is increasingly dispatching these investigative bodies to conflict zones in an effort to respond to atrocities from civil war to genocide. More than thirty such bodies have been deployed since the end of the Cold War. Because military interventions to save distant strangers are inherently difficult to mount, this volume finds that legal interventionism is supplanting military interventionism on the international stage.

Commonly thought of as fact-finding mechanisms aimed at investigating serious violations of international humanitarian law and human rights law, international commissions of inquiry are created to establish 'atrocity facts'. They address highly policy-relevant questions: Who is killing whom, and why? Who are the perpetrators? What international crimes, if any, have been committed? Does conflict resolution demand diplomacy, or is coercive force required? International commissions of inquiry are essential for classifying atrocities, attributing responsibility, and recommending further action.

This pioneering collection brings together experts in their field to critically assess international fact-finding, from the UN Commission of Experts on the former Yugoslavia, to the controversial UN Fact-Finding Mission on the Gaza Conflict, as well as the Commission of Inquiry on Human Rights in the Democratic People's Republic of Korea. Essential for scholars and practitioners alike, this highly innovative volume sheds light on the politics, power, and pathologies of this newest interventionism.

Subjects:
Public International Law
Contents:
Part I: Introduction
1.: The Newest Interventionism: The Role of Commissions of Inquiry in the Investigation of International Crimes, Jens Meierhenrich

Part II: International Commissions
2.: The UN Commission of Experts and International Crimes in the former Yugoslavia, 1992-1994, Dov Jacobs and Claire Henderson
3.: The UN Commission of Experts and International Crimes in Rwanda, 1994, Frédéric Mégret and Ayodele Akenroye
4.: The UN International Commission of Inquiry and International Crimes in Burundi, 1995, Andrea Purdekova
5.: The UN Group of Experts and International Crimes in Cambodia, 1997-1999, Sarah Williams
6.: The Independent International Commission and International Crimes in Kosovo, 1999-2000, Florian Bieber and Stefan Graziadei
7.: The UN International Commission of Inquiry and International Crimes in East Timor, 1999-2000, Geoffrey Robinson
8.: The UN/OAU International Commissions of Inquiry and International Crimes in Togo, 2004-2005, Frederick Laker
9.: The UN Independent International Commission of Inquiry and International Crimes in Darfur, 2004-2005, Jens Meierhenrich
10.: The UN International Independent Investigation Commission and International Crimes in Lebanon, 2005-2008, Catherine Harwood
11.: The UN Mapping Exercise and International Crimes in the Democratic Republic of Congo, 2007-2010, Tatiana Carayannis
12.: The EU Independent International Fact-Finding Mission and International Crimes in Georgia, 2008-2009, S. Neil MacFarlane
13.: The UN Fact-Finding Mission on the Gaza Conflict and International Crimes in Israel and Palestine, 2009, Neve Gordon
14.: The UN International Commission of Inquiry and International Crimes in Guinea, 2009, Michael McGovern
15.: The UN Panel of Experts and International Crimes in Sri Lanka, 2011, Damien Kingsbury
16.: The Independent Commission of Inquiry and International Crimes in Bahrain, 2011, Micaela Frulli
17.: The UN Independent International Commission of Inquiry and International Crimes in Côte d'Ivoire, 2011, Viviane Dittrich
18.: The UN International Commission of Inquiry and International Crimes in Libya, 2011-2012, Kevin Jon Heller
19: The UN Independent International Commission of Inquiry and International Crimes in Syria, 2011-present, Polina Levina
20.: The UN Commission of Inquiry on Human Rights and International Crimes in North Korea, 2013-2014, Stephan Haggard and Kent Boydston

Part III- Conclusion
21.: Whither Commissions of Inquiry in International Law?, Philip Alston