UN Fact-Finding
Conclusion It is remarkable that despite the criticism and the practical and political obstacles, human rights fact- finding can still be considered a highly effective UN mechanism and one of the most important tools available for the protection of human rights. Inten- sified efforts to overcome practical obstacles by, for example, increasing resources to address such issues as digitalization of the process and the need for enhanced witness protection, could most likely make these missions even more effective.
However, such efforts might encounter objections from states that do not wish to see a stronger mechanism that interferes with their domestic hu- man rights problems. Especially, given that these missions may form the basis for an array of UN responses, ranging from economic sanctions to the referral of individual cases to the ICC. The need for (continued) state collaboration and the need for maintaining the credibility of the mechanism as a source for UN decision-making require further analysis and debate of some of the more legal and political issues here raised.
The position, functioning and accountability of the mandate-holder have received the most (academ- ic) attention thus far, particularly in relation to state sovereignty and state responses. Other issues that deserve further analysis include, at a minimum, the question of how to improve and standardize work- ing methods so as to reach a minimum of proce- dural safeguards without losing the uniqueness of each mission, the question of how the UN should respond to conclusions on human rights violations, and the question of the possible impact of such conclusions on the situation of concern.
.
Endnote for UN Fact-Finding 1
For a more detailed analysis of the connection between human rights fact-finding and establishing individual criminal responsibility, including a discussion of the questions here raised, see the forthcoming article in the August 2012 issue of the Florida Journal of International Law: Lara Talsma, U.N. Human Rights Fact-Finding: Establishing Individual Criminal Responsibility?, Florida Journal of International Law 24:2, pages forthcoming (2012).
. ILSA Quarterly » volume 20 » issue 3 » February 2012
MOVE INTO A CAREER IN INTERNATIONAL CRIMINAL LAW
35
LLM IN INTERNATIONAL CRIMINAL LAW at Case Western Reserve University School of Law
http://law.case.edu/ International-Criminal-Law-LLM
• Expert faculty with real-world experience • 18 courses to choose from
• Semester internship at an International Tribunal
Open to U.S. & foreign law graduates
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100 |
Page 101 |
Page 102 |
Page 103 |
Page 104 |
Page 105 |
Page 106 |
Page 107 |
Page 108 |
Page 109 |
Page 110 |
Page 111 |
Page 112