The Art of Facts

A LEGAL BLOG about Fact-finding and Armed ConflicTS

International Criminal Law

The ICC Prosecutor to investigate the situation in Georgia: An opportunity to revive the EU Fact-Finding Mission Report?

So last Wednesday the ICC Pre-Trial Chamber I authorised the Prosecutor to proceed with an investigation for the crimes within the ICC jurisdiction, allegedly committed in and around South Ossetia, Georgia, between 1 July and 10 October 2008. Among the many legal, policy and strategic implications of this first non African ICC investigation (see for […]

 

Fact-Finding and proving direct attacks against civilians: ‘Double tap’ as the ‘smoking gun’?

In the field of fact-finding on alleged violations of IHL, establishing cases of direct attacks against civilians, civilian objects or against specially protected persons or objects, such as medical staff, rescue workers and hospitals, is a recurring challenge for investigators. Making a factual finding that certain incidents amount to indiscriminate attacks, such as those not […]

 

Applying a Standard of Proof in Fact-Finding: The Challenge of Consistency

There is something slightly frustrating with managing a blog on a rapidly evolving topic: this format enables being reactive to comment on new issues as they arise, but it also requires a strict discipline and some free time (except of course if this is your full-time job and that you can make a living out […]

 

The quest for quality in fact-finding

Just a very short post to bring your attention to a book you may have already seen as it was published at the end of 2013 but did not have time to read yet. Quality Control in Fact-Finding edited by Morten Bergsmo and which is available in open access here (a feature always important to […]

 

A New Commission of Inquiry for the OPT: “the More Things Stay the Same, the More They Change”?

While I could have posted something on the new commissions created by the UN on CAR and Eritrea, I felt compelled to share a couple of brief comments about the new international commission of inquiry on the OPT established yesterday by the Human Rights Council, maybe mostly to reflect on a strange apparent sensation of […]

 

Getting the facts AND the law right

I am aware that after a few months any new blog runs the risk of repetitions. But I am also convinced that many issues I have alluded to since I started my new life as an “intermittent blogger” deserve further exploration. So I decided to write few more lines on the complex interaction between the […]