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

Experts in the meeting News

Experts Discuss the Relevance and Dynamics of Armed Group Coalitions in Contemporary Armed Conflicts and Counterterrorism

18 December 2023

International lawyers, social scientists, security experts, and humanitarian practitioners discussed how research in social sciences could inform IHL experts and humanitarian practitioners to assess whether a certain degree of cooperation between organized armed groups – referred to as a ‘coalition’ – had relevance for armed conflict classification.

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

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

Screenshot of the RULAC webpage Project

Rule of Law in Armed Conflicts (RULAC)

Started in May 2007

The Rule of Law in Armed Conflicts project (RULAC) is a unique online portal that identifies and classifies all situations of armed violence that amount to an armed conflict under international humanitarian law (IHL). It is primarily a legal reference source for a broad audience, including non-specialists, interested in issues surrounding the classification of armed conflicts under IHL.

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