This book examines one of the most frequently used - but least understood - forms of humanitarian intervention: international commissions of inquiry (ICOIs). The international community is increasingly dispatching these investigative bodies to conflict zones in an effort to respond to atrocities from civil war to genocide. More than thirty such bodies have been deployed since the end of the Cold War. Because military interventions to save distant strangers are inherently difficult to mount, Jens Meierhenrich finds that legal interventionism is supplanting military interventionism on the international stage.
Commonly thought of as fact-finding mechanisms aimed at investigating serious violations of international humanitarian law and human rights law, international commissions of inquiry are created to establish "atrocity facts." They address highly policy-relevant questions: Who is killing whom, and why? Who are the perpetrators? What international crimes, if any, have been committed? Does conflict resolution demand diplomacy, or is coercive force required? International commissions of inquiry are essential for classifying atrocities, attributing responsibility, and recommending further action.
This pioneering collection brings together experts in their field to critically assess international fact-finding, from the UN Commission of Experts on the former Yugoslavia, to the the controversial UN Fact-Finding Mission on the Gaza Conflict, as well as the Commission of Inquiry on Human Rights in the Democratic People's Republic of Korea. Essential for scholars and practitioners alike, this highly innovative volume sheds light on the politics, power, and pathologies of this newest interventionism.
Part I: Introduction
1: Jens Meierhenrich: The Newest Interventionism: The Role of Commissions of Inquiry in the Investigation of International Crimes
Part II: International Commissions
2: Dov Jacobs and Claire Henderson: The UN Commission of Experts and International Crimes in the former Yugoslavia, 1992-1994
3: Frédéric Mégret and Ayodele Akenroye: The UN Commission of Experts and International Crimes in Rwanda, 1994
4: Andrea Purdekova: The UN International Commission of Inquiry and International Crimes in Burundi, 1995
5: Sarah Williams: The UN Group of Experts and International Crimes in Cambodia, 1997-1999
6: Florian Bieber and Stefan Graziadei: The Independent International Commission and International Crimes in Kosovo, 1999-2000
7: Geoffrey Robinson: The UN International Commission of Inquiry and International Crimes in East Timor, 1999-2000
8: Frederick Laker: The UN/OAU International Commissions of Inquiry and International Crimes in Togo, 2004-2005
9: Jens Meierhenrich: The UN Independent International Commission of Inquiry and International Crimes in Darfur, 2004-2005
10: Catherine Harwood: The UN International Independent Investigation Commission and International Crimes in Lebanon, 2005-2008
11: Tatiana Carayannis: The UN Mapping Exercise and International Crimes in the Democratic Republic of Congo, 2007-2010
12: S. Neil MacFarlane: The EU Independent International Fact-Finding Mission and International Crimes in Georgia, 2008-2009
13: Neve Gordon: The UN Fact-Finding Mission on the Gaza Conflict and International Crimes in Israel and Palestine, 2009
14: Michael McGovern: The UN International Commission of Inquiry and International Crimes in Guinea, 2009
15: Damien Kingsbury: The UN Panel of Experts and International Crimes in Sri Lanka, 2011
16: Micaela Frulli: The Independent Commission of Inquiry and International Crimes in Bahrain, 2011
17: Viviane Dittrich: The UN Independent International Commission of Inquiry and International Crimes in Côte d'Ivoire, 2011
18: Kevin Jon Heller: The UN International Commission of Inquiry and International Crimes in Libya, 2011-2012
19: Polina Levina: The UN Independent International Commission of Inquiry and International Crimes in Syria, 2011-present
20: Stephan Haggard and Kent Boydston: The UN Commission of Inquiry on Human Rights and International Crimes in North Korea, 2013-2014
Part III- Conclusion
21: Philip Alston: Whither Commissions of Inquiry in International Law?
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