Guidelines on Investigating Violations of International Humanitarian Law: Law, Policy, and Good Practice

Investigations into alleged violations of international humanitarian law by the parties to an armed conflict are not only crucial to securing respect for IHL, but also to preventing future violations and enabling redress for victims of past violations. Despite the unquestionable importance of investigations, there is a lack of detail about the international law, principles and standards relevant to investigations in armed conflicts. This is further reflected in the disparate practice across States in the way investigations are carried out. These Guidelines aim to bring much needed clarity and support for the conduct of effective investigations into violations of IHL. The Guidelines are the result of a five-year project, initiated in 2014 by the Geneva Academy of International Humanitarian Law and Human Rights and joined in 2017 by the International Committee of the Red Cross. The resulting publication is based on extensive research and is also informed by a series of expert workshops and engagement with stakeholders. The 16 Guidelines are each accompanied by a detailed commentary and provide guidance on the different aspects of investigations into violations of IHL, from the early stages of recording information and identifying the incidents that require investigation, through to the structural and procedural aspects of investigative bodies. The text presents a basis for the conduct of effective investigations, while taking into account the diverse legal and military systems that exist, as well as the legal and practical challenges that can arise. These Guidelines are an essential tool not only for States aiming to conduct investigations of IHL violations in compliance with international law, but also for other bodies and individuals seeking a more detailed understanding of investigations in armed conflict

The Yugoslav Truth and Reconciliation Commission: A Shaky Start

The purpose of this Essay is to examine the establishment of the Yugoslav Truth and Reconciliation Commission and to draw some early conclusions on whether it will be capable of rendering the facts that I would so desperately like my uncle to face. The first part will deal with the need for a Truth and Reconciliation Commission, while the second part will outline and then comment on its basic documents. The assumption is that the reader is basically familiar with the work of similar commissions around the world and the text will therefore not attempt to repeat the literature on the subject

The Problem of Prosecutorial Abuse: Are the Safeguards Sufficient?

Moderator: Jelena Pejic, Chair, Rome Delegation, Lawyers Committee for Human Rights Discussants: Alfred P. Rubin, Professor of International Law, Fletcher School of Law and Diplomacy, Tufts University Aryeh Neier, President, Open Society Institut