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Military history --- War crimes investigation. --- Criminal investigation (International law) --- Naval history --- War
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"This book explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (ihl), international human rights law (ihrl), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations"--
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Criminal investigation (International law) --- Human rights --- Torture (International law) --- Torture --- Prevention
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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.
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Criminal investigation (International law) --- Human rights --- Torture (International law) --- Torture --- Prevention
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"This book explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (ihl), international human rights law (ihrl), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations"--
Criminal investigation (International law). --- War crimes investigation. --- Humanitarian law. --- International law and human rights. --- Criminal investigation (International law) --- Enquêtes criminelles. --- Crimes de guerre --- Droit humanitaire. --- Droit à la vérité (droit international) --- Enquêtes.
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In The Roles and Functions of Atrocity-Related United Nations Commissions of Inquiry in the International Legal Order, Catherine Harwood explores the turn to international law in atrocity-related United Nations commissions of inquiry and their navigation of considerations of principle (the legal) and pragmatism (the political), to discern their identity in the international legal order. The book traces the inquiry process from establishment and interpretation of the mandate to legal analysis, production of findings and recommendations. The research finds that the turn to international law fundamentally shapes the roles and functions of UN atrocity inquiries. Inquiries continuously navigate between realms of law and politics, with the equilibrium shifting in different moments and contexts.
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CoverThe Transformation of Human Rights Fact-FindingEdited by Philip Alston and Edited by Sarah KnuckeyDescriptionFact-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.
Human rights --- Criminal investigation (International law). --- Human rights violations investigation. --- Research. --- Criminal investigation (International law) --- International criminal investigation --- Human rights violations investigation --- Research --- Criminal procedure (International law) --- Basic rights --- Civil rights (International law) --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Law and legislation --- Human rights - Research
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Fact-finding is at the heart of human rights advocacy, and is often at the centre of international disputes about alleged government abuses. Recently, there has been a huge increase in the number and variety of fact-finding mechanisms established, including by governments, intergovernmental bodies, nongovernmental organizations, and private actors. Human rights fact-finding is often controversial. This work examines this important topic.
Human rights --- Criminal investigation (International law) --- Human Rights --- Law, Politics & Government --- Research --- International criminal investigation --- Criminal procedure (International law) --- Basic rights --- Civil rights (International law) --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Law and legislation
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