The Roles and Functions of Atrocity-Related United Nations Commissions of Inquiry in the International Legal Order: Navigating between Principle and Pragmatism

International Law

The Roles and Functions of Atrocity-Related United Nations Commissions of Inquiry in the International Legal Order: Navigating between Principle and Pragmatism

By Catherine Harwood
Brill Nijhoff November 2019

Specifications

ISBN-13
9789004411234
Publisher
Brill Nijhoff
Publication
November 2019
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

In The Roles and Functions of Atrocity-Related United Nations Commissions of Inquiry in the International Legal Order, Catherine Harwood explores the turn to international law in atrocity-related United Nations commissions of inquiry and their navigation of considerations of principle (the legal) and pragmatism (the political), to discern their identity in the international legal order.

The book traces the inquiry process from establishment and interpretation of the mandate to legal analysis, production of findings and recommendations. The research finds that the turn to international law fundamentally shapes the roles and functions of UN atrocity inquiries. Inquiries continuously navigate between realms of law and politics, with the equilibrium shifting in different moments and contexts.

Table of Contents

Introduction
1. Charting the Rise of UN Atrocity-Related Inquiry
2. Establishing the Mandate: Mandating Authorities as Architects of Atrocity-Related Inquiries
3. Mandate Interpretation and Implementation: Commissions as Engineers of Their Roles and Functions
4. Identification of the Applicable Legal Framework
5. Law-Application in the Inquiry Context
6. Translating Violations to Responsibility Regimes in an ‘Era of Accountability’
Conclusions
Appendix: United Nations Atrocity-Related Inquiries 1945–2018
Bibliography
Index
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