The Procedural Law Governing Facts and Evidence in International Human Rights Proceedings

The Procedural Law Governing Facts and Evidence in International Human Rights Proceedings
Author: Torsten Stirner
Publisher: Martinus Nijhoff Publishers
Total Pages: 520
Release: 2021-07-15
Genre: Law
ISBN: 9004463135

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.

Fact-Finding before the International Court of Justice

Fact-Finding before the International Court of Justice
Author: James Gerard Devaney
Publisher: Cambridge University Press
Total Pages: 307
Release: 2016-09-29
Genre: Law
ISBN: 1107142210

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

The Transformation of Human Rights Fact-finding

The Transformation of Human Rights Fact-finding
Author: Philip Alston
Publisher: Oxford University Press
Total Pages: 577
Release: 2016
Genre: Law
ISBN: 0190239492

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.

Quality Control in Fact-Finding

Quality Control in Fact-Finding
Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic EPublisher
Total Pages: 507
Release: 2013-11-16
Genre: Law
ISBN: 8293081783

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.

Research Handbook on Transitional Justice

Research Handbook on Transitional Justice
Author: Cheryl Lawther
Publisher: Edward Elgar Publishing
Total Pages: 547
Release: 2023-08-14
Genre: Law
ISBN: 180220251X

Providing a refreshing take on transitional justice, this second edition Research Handbook brings together an expanse of scholarly expertise to reconsider how societies deal with gross human rights violations, structural injustices and mass violence. Contextualised by historical developments, it covers a diverse range of concepts, actors and mechanisms of transitional justice, while shedding light on new and emerging areas in the field.

Commissions of Inquiry

Commissions of Inquiry
Author: Christian Henderson
Publisher: Bloomsbury Publishing
Total Pages: 521
Release: 2017-05-18
Genre: Law
ISBN: 1782258779

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.

The Law and Process of the U.N. Human Rights Committee

The Law and Process of the U.N. Human Rights Committee
Author: Kirsten Young
Publisher: BRILL
Total Pages: 381
Release: 2021-11-15
Genre: Law
ISBN: 9004502173

Volume 26 in the Procedural Aspects of International Law Monograph Series The Law and Process of the U.N. Human Rights Committee focuses attention how the Committee functions as a decision-making body and brings to light troubling flaws in the Committee’s operations that may undermine its ability to induce compliance. Published under the auspices of the Procedural Aspects of International Law Institute (PAIL). For more information about PAIL please go to Pail-Institute.org. Published under the Transnational Publishers imprint.

Best Practices for Human Rights and Humanitarian NGO Fact-Finding

Best Practices for Human Rights and Humanitarian NGO Fact-Finding
Author: Gerald Steinberg
Publisher: Martinus Nijhoff Publishers
Total Pages: 224
Release: 2012-03-02
Genre: Law
ISBN: 9004218122

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.

The United Nations Special Procedures System

The United Nations Special Procedures System
Author: Aoife Nolan
Publisher: BRILL
Total Pages: 495
Release: 2017-01-09
Genre: Law
ISBN: 9004304703

The United Nations Special Procedures system is a key element of the evolving international framework for human rights protection and promotion. However, despite the system’s expansion, the range of roles and functions performed by mandate holders, and the mounting evidence of its strengths and limitations, there has been very little academic interrogation or analysis of Special Procedures. This lacuna is ever-more problematic given the growing profile and effectiveness of the Special Procedures’ work, as well as the increasing attention and challenges that they face, both externally from States and internally from within the UN system. Given the current ‘state of play’ of Special Procedures, it is essential that scholarly attention be focussed upon the system. How does it contribute to international human rights protection? How, when and why does it fail to do so? What steps can and should be taken to address shortcomings both within the system and in terms of the legal and political context within which it operates? Featuring expert contributions from key players within, and expert commentators on, the Special Procedures system, this volume addresses these questions in an in-depth and rigorous scholarly manner.