The roles and functions of atrocity-related United Nations commissions of inquiry in the international legal order / navigating between principle and pragmatism / by Catherine Harwood.
2020
Formats
Format | |
---|---|
BibTeX | |
MARCXML | |
TextMARC | |
MARC | |
DublinCore | |
EndNote | |
NLM | |
RefWorks | |
RIS |
Items
Details
Title
The roles and functions of atrocity-related United Nations commissions of inquiry in the international legal order / navigating between principle and pragmatism / by Catherine Harwood.
Imprint
Leiden Boston : Brill | Nijhoff, 2020.
Description
1 online resource.
Series
Leiden studies on the frontiers of international law ; volume6.
Human Rights and Humanitarian Law E-Books Online, Collection 2019, ISBN ; 9789004390775.
Human Rights and Humanitarian Law E-Books Online, Collection 2019, ISBN ; 9789004390775.
Formatted Contents Note
Foreword
Andrew Clapham Acknowledgements
List of Abbreviations
Introduction
1 The Phenonemon of Atrocity-Related Inquiry
2 Delineation of UN Atrocity-Related Inquiry
2.1 / International Commissions of Inquiry
2.2 / Established by the United Nations
2.3 / Focus on Situations of Atrocities
3 Structure of the Book
4 Some Words on Methodology
1 Charting the Rise of UN Atrocity-Related Inquiry
Introduction
1 Interstate Atrocity-Related Inquiries
1.1 / 1919 Commission
1.2 / Inter-Allied Commissions of Inquiry
1.3 / United Nations War Crimes Commission
2 'Geneva' International Humanitarian Law Inquiry
3 Atrocity-Related Inquiries by International Organisations Other than the UN
3.1 / League of Nations
3.2 / Regional Organisations
4 UN Atrocity-Related Inquiries
4.1 / Sparse Atrocity-Related Inquiry Practice: 1945-1991
4.2 / Proliferation of UN Atrocity-Related Inquiries: 1992 and Beyond
Conclusions
2 Establishing the Mandate: Mandating Authorities as Architects of Atrocity-Related Inquiries
Introduction
1 Dynamics of Establishment
1.1 / Institutional Framework Relevant to UN Atrocity-Related Inquiries
1.2 / State Consent and Cooperation
1.3 / Selection of Situations
1.4 / New York/Geneva Dynamics
2 Legal Dimensions of Written Mandates
2.1 / Investigative Focus and Recommendations
2.2 / Legal Lenses of Analysis
2.3 / Challenges to Legal Lenses of hrc-Led Inquiries
3 Impartiality of Written Mandates
3.1 / Geographic Parameters
3.2 / Temporal Scope
3.3 / Actors under Scrutiny
3.4 / Prejudgment of Findings
4 Appointment and Composition of Commissions
4.1 / Appointment Processes
4.2 / Commissioner Independence and Impartiality
4.3 / Commissioner Expertise
5 Decisions on Operational Aspects
5.1 / Scope of Discretion Accorded to Commissions
5.2 / Provision of Resources and Time Limits
6 Principle and Pragmatism in Mandating Authorities' Choices
6.1 / Turn to International Law
6.2 / Inquiry to Condemn Atrocities
6.3 / Inquiry as Building and Releasing Pressure
Conclusions
3 Mandate Interpretation and Implementation: Commissions as Engineers of Their Roles and Functions
Introduction
1 Interpretation of the Mandate
1.1 / Geographic Parameters
1.2 / Temporal Scope
1.3 / Actors under Scrutiny
1.4 / Prejudgment of Findings
2 Principles Guiding Mandate Implementation
2.1 / Impartiality
2.2 / Centrality of Victims
2.3 / Accountability
3 Practical Challenges Informing Mandate Implementation
3.1 / Resource and Time Limitations
3.2 / Security Concerns
3.3 / Lack of Territorial Access
3.4 / States' Refusals to Provide Information
4 Fostering Quality in Methods of Work
4.1 / Judicial .
Andrew Clapham Acknowledgements
List of Abbreviations
Introduction
1 The Phenonemon of Atrocity-Related Inquiry
2 Delineation of UN Atrocity-Related Inquiry
2.1 / International Commissions of Inquiry
2.2 / Established by the United Nations
2.3 / Focus on Situations of Atrocities
3 Structure of the Book
4 Some Words on Methodology
1 Charting the Rise of UN Atrocity-Related Inquiry
Introduction
1 Interstate Atrocity-Related Inquiries
1.1 / 1919 Commission
1.2 / Inter-Allied Commissions of Inquiry
1.3 / United Nations War Crimes Commission
2 'Geneva' International Humanitarian Law Inquiry
3 Atrocity-Related Inquiries by International Organisations Other than the UN
3.1 / League of Nations
3.2 / Regional Organisations
4 UN Atrocity-Related Inquiries
4.1 / Sparse Atrocity-Related Inquiry Practice: 1945-1991
4.2 / Proliferation of UN Atrocity-Related Inquiries: 1992 and Beyond
Conclusions
2 Establishing the Mandate: Mandating Authorities as Architects of Atrocity-Related Inquiries
Introduction
1 Dynamics of Establishment
1.1 / Institutional Framework Relevant to UN Atrocity-Related Inquiries
1.2 / State Consent and Cooperation
1.3 / Selection of Situations
1.4 / New York/Geneva Dynamics
2 Legal Dimensions of Written Mandates
2.1 / Investigative Focus and Recommendations
2.2 / Legal Lenses of Analysis
2.3 / Challenges to Legal Lenses of hrc-Led Inquiries
3 Impartiality of Written Mandates
3.1 / Geographic Parameters
3.2 / Temporal Scope
3.3 / Actors under Scrutiny
3.4 / Prejudgment of Findings
4 Appointment and Composition of Commissions
4.1 / Appointment Processes
4.2 / Commissioner Independence and Impartiality
4.3 / Commissioner Expertise
5 Decisions on Operational Aspects
5.1 / Scope of Discretion Accorded to Commissions
5.2 / Provision of Resources and Time Limits
6 Principle and Pragmatism in Mandating Authorities' Choices
6.1 / Turn to International Law
6.2 / Inquiry to Condemn Atrocities
6.3 / Inquiry as Building and Releasing Pressure
Conclusions
3 Mandate Interpretation and Implementation: Commissions as Engineers of Their Roles and Functions
Introduction
1 Interpretation of the Mandate
1.1 / Geographic Parameters
1.2 / Temporal Scope
1.3 / Actors under Scrutiny
1.4 / Prejudgment of Findings
2 Principles Guiding Mandate Implementation
2.1 / Impartiality
2.2 / Centrality of Victims
2.3 / Accountability
3 Practical Challenges Informing Mandate Implementation
3.1 / Resource and Time Limitations
3.2 / Security Concerns
3.3 / Lack of Territorial Access
3.4 / States' Refusals to Provide Information
4 Fostering Quality in Methods of Work
4.1 / Judicial .
Summary
In The Roles and Functions of Atrocity-Related United Nations Commissions of Inquiry in the International Legal Order, Catherine Harwood explores the turn to international law in atrocity-related United Nations commissions of inquiry and their navigation of considerations of principle (the legal) and pragmatism (the political), to discern their identity in the international legal order. The book traces the inquiry process from establishment and interpretation of the mandate to legal analysis, production of findings and recommendations. The research finds that the turn to international law fundamentally shapes the roles and functions of UN atrocity inquiries. Inquiries continuously navigate between realms of law and politics, with the equilibrium shifting in different moments and contexts.
Note
Based on author's thesis (doctoral - Rijksuniversiteit te Leiden, 2018) issued under title: Navigating between principle and pragmatism : the roles and functions of atrocity-related United Nations commissions of inquiry in the international legal order.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
www
Linked Resources
Alternate Title
Brill Human Rights and Humanitarian Law E-Books Online Collection
Language
English
ISBN
9789004411241 (electronic book)
9789004411234 (print)
9789004411234 (print)
Record Appears in