The Art of Facts

A LEGAL BLOG about Fact-finding and Armed ConflicTS

Standard of Proof

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 […]

 

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 […]