The Art of Facts

A LEGAL BLOG about Fact-finding and Armed ConflicTS

Methodology

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 […]

 

A first look at the AU Commission of Inquiry on South Sudan Report

So yesterday the African Union Commission of Inquiry on South Sudan (AUCISS) finally published its long awaited report. It’s dated 15 October 2014 and was submitted to the African Union Peace and Security Council (AUPSC) in January 2015 during the 24th AU Summit of Heads of State and Government. It however took the AUPSC some […]

 

The Use of Architectural Techniques in Fact-Finding during Armed Conflict: A Time Machine?

It seems these days one can find fact-finding references pretty much everywhere in the news. I admit this statement may just be due to me suffering from job conditioning. But take for example the report published this week by Airwars, a project led by independent journalists “tracking and archiving the international air war against Islamic […]

 

Report of the CoI on the 2014 Gaza Conflict: The challenging job of IHL fact-finding

I will not pretend to have read the full report of the Independent Commission of Inquiry on the 2014 Gaza Conflict published today, let alone to have conducted a thorough comparison with the findings of the UN Board of Inquiry or with Israel’s own analysis of its conduct during the conflict (but note that these […]

 

The use of information and communications technologies in fact-finding: A survey by the SR on SumEx

With the highly anticipated report of the UN Commission of Inquiry on the Gaza Conflict to be discussed at the Human Rights Council (HRC) on 29 June, and to be published most certainly next week, one may except a renewed debate over fact-finding methodologies. Of particular interest, the question in the background of the comments […]

 

SITREP on Fact-Finding: From Gaza to Harvard

Faced with too many fact-finding related news to deal with, I decided to introduce a new section to this blog: the SITREP. It’s not out of laziness but rather to flag some important developments in this field. Each of those would deserve a thorough analysis, but I will keep that for another time. The latest […]

 

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 […]

 

Remote Sensing Technology: The Ultimate Fact-Finding Tool in Armed Conflict?

I should start with a disclaimer; I am neither a geek nor an expert. Not even remotely one. And I have to quickly come to my senses each time I think I have improved my IT skills. That I was able to create this blog doesn’t change a thing! So I address today’s topic with […]

 

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