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Human Rights Fact-Finding into Armed Conflict and Breaches of the Laws of War

Published online by Cambridge University Press:  28 February 2017

Agnieszka Jachec Neale
Agnieszka Jachec Neale*
Affiliation:
University of Essex
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Abstract

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Type
Commissions of Inquiry into Armed Conflict, Breaches of the Laws of War, and Human Rights Abuses: Process, Standards, and Lessons Learned
Information
Proceedings of the ASIL Annual Meeting , Volume 105 , 2011 , pp. 85 - 89
Copyright
Copyright © American Society of International Law 2011

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References

1 H.R.C. Res. S-9/1 (Jan. 9, 2009). It is noteworthy that, unlike the bodies of general competence, the United Nations human-rights-specific bodies do not have the power to investigate violations of the laws of armed conflicts on their own. They can and should, however, conduct such inquiries in the context of alleged human rights violations, or when such potential breaches intersect.

2 H.R.C. Res. S-2/1 (Aug. 11, 2006).

3 S.C. Res. 1564, U.N. Doc. S/RES/1564 (Sept. 18, 2004).

4 The International Court of Justice appeared to “outsource” its fact-finding by relying upon the Jan. 18, 2000, and Feb. 1, 2001, Reports of the Special Rapporteur of the Commission on Human Rights, as well as several reports by the UN Mission in the Drc (such as the third report and Jan.-Dec. 2000 Special Report). Armed Activities on the Territory of the Congo (Dem. Rep. Congo v. Uganda), Judgment, 2005 I.C.J. 116 (Dec. 19), paras. 206-07.

5 Reference to the “accusations” made in relation to the conflict were subject to inquiry as formulated by mandate of the Council of the European Union. Council Decision 2008/901/CFSP, art. 1, (O.J.). See also Report of the Independent International Fact-Finding Mission on the Conflict in Georgia (Sept. 2009), http://www.ceiig.ch/Report.html.

6 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protections of Victims of International Armed Conflicts art. 52(2), June 8, 1977, U.N. Doc. A/32/144, Annex I (1977), reprinted in 16 ILM 1391 (1977).

7 Id. at art. 51 (5)(b), art. 57(2)(a)(iii).

8 DRC v. Uganda, above n 4, para. 205.

9 DRC v. Uganda, above n 4, paras. 206-207.

10 Bosnia Genocide (Bosn. & Herz. v. Serb. & Montenegro), Judgment, 2007 I.C.J. 91 (Feb. 26).

11 Id. at para. 276.

12 Id. at paras. 225-27.

13 S.C. Res. 935, U.N. Doc. S/RES/935 (July 1, 1994).

14 S.C. Res. 780, U.N. Doc. S/RES/780 (Oct. 6, 1992).

15 For more information, see the works of the Special Rapporteur established by the former United Nations Human Rights Commission. Res. 1992/S-l/l (Aug. 14, 1992).

16 For more details, see the amicus curiae briefs submitted by Antonio Cassese and Louise Arbour to the ICC in July 2006, relating to the investigations in Darfur.

17 S.C. Doc. S/PV.6354 (July 7, 2010).