Commissions of Inquiry: Problems and Prospects

by Christian Henderson

Overview

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.

Product Details

ISBN-13:	9781782258766
Publisher:	Bloomsbury Academic
Publication date:	05/18/2017
Pages:	392
Product dimensions:	6.14(w) x 9.21(h) x 0.88(d)

About the Author

Christian Henderson is Professor of International Law at the University of Sussex.

Table of Contents

Foreword Hon Michael Kirby AC CMC v

Acknowledgements xiii

List of Contributors xvii

Introduction Christian Henderson 1

Section 1 The Diversity of Contemporary Commissions of Inquiry

1 A Functional Typology of Commissions of Inquiry Patrick Butchard Christian Henderson 11

2 Hegemony and Counter-Hegemony: The Politics of Establishing United Nations Commissions of Inquiry Michelle Farrell Ben Murphy 35

3 Lessons From Two Regional Missions: Fact-finding in Georgia and South Sudan Rob Grace 65

4 Domestic Commissions of Inquiry and International Law: The Importance of Normative Authority Stephen Samuel James A Green 89

Section 2 Commissions of Inquiry and International Courts and Tribunals

5 Commissions of Inquiry and Traditional Mechanisms of Dispute Settlement Alexander Orakhelashvili 119

6 Commissions of Inquiry: Courting International Criminal Courts and Tribunals Christine Schwöbel-Patel 145

7 The Impact of International Commissions of Inquiry on the Proceedings before the International Criminal Court Triestino Mariniello 171

Section 3 Issues in the Substantive Engagement of Commissions of Inquiries with International Law

8 The Interplay between International Human Rights Law and International Humanitarian Law in the Practice of Commissions of Inquiry Marco Odello 199

9 Laying the Foundations: Commissions of Inquiry and the Development of International Law Shane Darcy 231

10 Quo Vadis? Commissions of Inquiry and their Implications for the Coherence of International Law Russell Buchan 257

Section 4 Procedural Questions and Working Methods

11 Selectivity and Choices in Human Rights Fact-finding: Reconciling Subjectivity with Objectivity? Théo Boutruche 287

12 Commissions of Inquiry and Procedural Fairness Alison Bisset 309

13 A Visible College: The Community of Fact-finding Practice Corinne Heaven 337

Index 361