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

Houses destroyed due to the violent war in the city of Taiz, Yemen News

Join our Online Executive Master in the Law of Armed Conflict and Upgrade Your Legal Skills

1 February 2024

Applications for the upcoming academic year of our Executive Master in International Law in Armed Conflict are now open. They will remain open until 31 May 2024, with courses starting at the end of September 2024.

Read more

Artwork: ‘PɇaceMaker’ by Goin News

Our 2023 Annual Report

8 July 2024

Our Annual Report provides an overview of the activity of the Geneva Academy in 2023.

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

Iraq, Mosul. View of the west bank after the war. Project

IHL in Focus

Started in January 2024

As a yearly publication, it keeps decision-makers, practitioners and scholars up-to-date with the latest trends and challenges in IHL implementation in over 100 armed conflicts worldwide – both international and non-international.

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