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Procedural Law

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Chapter Summary

In analysing the procedural law applicable to international fact-finding in the field of human rights, it is necessary to bear in mind that there is no uniformity in the framework within which the various forms of fact-finding take place. Fact-finding is undertaken by a permanent, formally established body in proceedings aimed at adjudicating on compliance with an international convention. The draft minimum rules of procedure for human rights fact-finding adopted by the International Law Association at its Conference in Belgrade in 1980 state that "fact-finding missions should be composed of persons who are respected for their integrity, impartiality and objectivity and who are serving in their personal capacities". An important consideration, both for the purpose of effective gathering of information and for the impact of the results of fact-finding procedures, is to obtain the co-operation of the authorities of the State or States whose human rights situation is being investigated.

Keywords: human rights fact-finding; international convention; International Law Association; procedural law



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