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

A session of the PhD Forum News

The PhD Forum: Promoting Exchanges Among Peers

18 April 2024

The Geneva Academy PhD Forum is a space that gathers PhD researchers and experts – in Geneva and beyond – who work in the scientific focus area of the Geneva Academy.

Read more

A street in Guayaquil News

Is There a Non-International Armed Conflict in Ecuador?

2 February 2024

Ecuadorian President Daniel Noboa started the new year by declaring that there is an ‘internal armed conflict’ against a series of criminal groups operating in the country. Our Research Fellow Dr Eugénie Duss, in charge of RULAC, answers our questions about whether the situation in Ecuador amounts to a non-international armed conflict.

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

Computer screen with warning: civilian infrastucture: do not attack Project

The Digitalization of Armed Conflict

Started in September 2020

This project will explore humanitarian consequences and protection needs caused by the digitalization of armed conflicts and the extent to which these needs are addressed by international law, especially international humanitarian law.

Read more

Cover of the 2023 Geneva Academy Annual Report Publication

Annual Report 2023

published on July 2024

Read more

Cover of Report Publication

Artificial Intelligence And Related Technologies In Military Decision-Making On The Use Of Force In Armed Conflicts: Current Developments And Potential Implications

published on May 2024

Anna Rosalie Greipl, Neil Davison, Georgia Hinds

Read more