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The International Humanitarian Fact-Finding Commission: a Sleeping Beauty?

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Chapter Summary

At the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, in effect, the idea of creating a permanent fact-finding mechanism had been as enthusiastically embraced by some as strongly opposed by others. Today, the International Humanitarian Fact-Finding Commission is in the 11th year of its "real existence". The Commission has attempted to improve its lot along two lines. The first line has involved an internal process, with the members trying to find ways around some of the restrictions embedded in Article 90. The second line has consisted of a series of promotional activities. The Commission may also be called upon to identify the person or persons who prima facie may be regarded as individually criminally liable for a particular act, thus enabling the start of a prosecution that in turn may lead to a trial.

Keywords: armed conflict; diplomatic conference; international humanitarian fact-finding commission; international humanitarian law



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