Standards of Proof in Fact Finding

Completed in December 2015

Several ad hoc fact-finding and inquiry commissions have been established to assess some of the most serious situations of human rights and humanitarian law violations across the world (e.g. Darfur, Lebanon, Guinea, Georgia, Israel and the Occupied Palestinian Territories, Ivory Coast, Libya and Syria).

With such mechanisms gaining influence, the question arises of whether a minimum formal standard of proof (or degree of certainty) exists or is required when such bodies adjudicate on such serious matters.

This research project assessed a range of mechanisms, starting with formal judicial processes and the ‘natural home’ of standards of proof. After an initial overview, it considered a range of case studies, including ad hoc fact-finding missions mandated by the United Nations, but also the work of non-governmental organizations, regional bodies, international experts and other relevant bodies operating in the international arena that are tasked, to some extent, to make legal adjudications with regard to alleged serious violations of human rights or humanitarian law.

Research Team

This research project was carried out by Amélie Larocque, Jonathan Somer and Stephen Wilkinson.

OUTPUT

The outcomes of the research were compiled in a Geneva Academy report, Standards of Proof in International Humanitarian and Human Rights Fact-Finding and Inquiry Missions (2014).

MORE ON THIS THEMATIC AREA

View of the book cover page News

Exploring the Principle of Non-Intervention: New Book by Swiss IHL Chair Marco Roscini

26 February 2024

In his new book, our Swiss IHL Chair Professor Marco Roscini dissects the principle of non-intervention – a core principle of international law and a pillar of international relations.

Read more

Panel panel ‘(Dis)respecting International Humanitarian Law in today’s armed conflicts: monitoring and reporting’ at the 2024 European Humanitarian Forum News

IHL in Focus Featured at the 2024 European Humanitarian Forum

25 March 2024

Our new research project IHL in Focus – launched at the beginning of the year – has been presented and discussed at the 2024 European Humanitarian Forum, a major yearly event convened by the European Union focusing on prominent humanitarian issues and challenges.

Read more

Afghanistan, Parwan detention facility. Inside a room where detainees of the prison, separated by an acrylic glass, are allowed to meet with their families a couple of times per year with the help of the ICRC employees who facilitate the programme. Short Course

Preventing and Combating Terrorism

25 April - 17 May 2024

This online short course discusses the extent to which states may limit and/or derogate from their international human rights obligations in order to prevent and counter-terrorism and thus protect persons under their jurisdiction.

Read more

A session of the UN Human Rights Council Project

IHL Expert Pool

Started in January 2022

The IHL-EP works to strengthen the capacity of human rights mechanisms to incorporate IHL into their work in an efficacious and comprehensive manner. By so doing, it aims to address the normative and practical challenges that human rights bodies encounter when dealing with cases in which IHL applies.

Read more

A destroyed camp for internally displaced persons (IDPs) in Khor Abeche, South Darfur, Project

Understanding the Relationship between Conflict, Security and the Human Right to a Clean, Healthy and Sustainable Environment

Started in May 2023

This project will develop guidance to inform security, human rights and environmental debates on the linkages between environmental rights and conflict, and how their better management can serve as a tool in conflict prevention, resilience and early warning.

Read more

Cover Page of Research Brief Publication

Unpacking the Climate Migration Extremism Nexus Mapping the Coping Strategies of Kenyan Pastorialists

published on April 2024

Erica Harper, Yosuke Nagai

Read more

Cover Page of Research Brief Publication

Unpacking the Burgeoning Challenge of Environmental Protection and the Right to Food in the Context of Armed Conflict

published on April 2024

Erica Harper, Junli Lim

Read more