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Do international law and institutions shape public opinion on contested events such as war crimes ? Based on two novel survey experiments, this article finds that international fact-finding reports on war crimes investigations are ineffective in both (i) mitigating social disagreements over contested events; and in (ii) motivating in-group sanctioning of war criminals. First, the article demonstrates that in the U.S. context, findings of war crimes investigations trigger partisan and ideological polarization. Polarization is only marginally mitigated when the investigation is conducted by domestic as opposed to international institutions. Second, the invocation of 'war crimes' (instead of 'international law violation') has a uniformly negative effect on the perceived fairness of the investigation and willingness to accept its findings. Thirds, a moral, as opposed to legal, framing of the findings, increases the willingness to prosecute in-group offenders and compensate out-group victims.

WAR CRIMES INVESTIGATION

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Military occupation. --- War crimes investigation. --- War --- Protection of civilians.

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In Investigating Civilian Casualties in Time of Armed Conflict and Belligerent Occupation Alon Margalit discusses the appropriate State response to civilian casualties caused by its armed forces. Various legal and practical challenges, arising when investigating the fatal consequences of the use of force, are examined through the practice of the US, the UK, Canada and Israel during military operations in Afghanistan, Iraq, Somalia and the occupied Palestinian territory. Alon Margalit considers this topical and sensitive issue within a broader context, namely the public scrutiny of State behaviour and influence of human rights law during armed conflict. The debate over the scope of the duty to investigate reflects competing approaches looking to (re)shape the balance between military necessity and humanitarian considerations.

War crimes investigation. --- Military occupation. --- War --- Protection of civilians.

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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. On the basis of general international law, it also develops and applies a novel and more broadly applicable step-by-step methodology for resolving issues of interplay between both legal regimes. In doing so, this study clarifies the scope of application and contents of investigative obligations under both legal regimes, as well as for situations to which both apply. The book finds that the oft-heard narrative that to require States to conduct human rights investigations during armed conflict would be wholly unrealistic in light of the realities of hostilities is unfounded and in need of revision."--

Criminal investigation (International law) --- Humanitarian law. --- International law and human rights. --- War crimes investigation.

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"Across the world, mass graves, often containing a multitude of human remains, are sites of human loss, suffering and unimaginable acts of cruelty. While no one mass grave or its investigation is the same, all mass graves contain evidence that is essential to the realisation of justice and accountability goals for victims, affected communities, states in transition and the international community. This book tactfully examines this sensitive topic, demonstrating how mass grave investigations can be highly complex, context-specific, lengthy and expensive processes, requiring significant planning, coordination, expertise and resources. The book analyses the various processes involved in mass grave investigation from a number of disciplinary perspectives and a variety of geographical, cultural and political contexts, including Bosnia, Guatemala, Libya, Nepal and Rwanda. Chapters feature expert contributions from voices in the fields of forensic sciences, advocacy and the judiciary, along with world-leading international legal expertise on mass graves, their protection and investigation. This timely book will be an ideal resource for practitioners and academics in the fields of international criminal law, international human rights law, international humanitarian law and transitional justice. Students interested in forensic archaeology, anthropology, fact-finding and human rights investigations will also find this a stimulating read"--

War crimes investigation. --- Mass burials. --- Crimes against humanity. --- Exhumation --- Transitional justice. --- Law and legislation.