Credible Fact-Finding and Allegations of International Humanitarian Law Violations: Challenges in Theory and Practice

Abstract

The increasing resort to fact-finding missions from various international actors to address alleged human rights and international humanitarian law violations raises various issues ranging from one of an agreed common methodology to ascertain credibly such allegations to practical questions pertaining for example to the protection of witnesses and victims. This article intends to review some of the challenges arising from conducting fact-finding about international humanitarian law violations. While this contribution suggests that there are common features to fact-finding activities under international humanitarian law and human rights law, it also focuses on specific challenges related to the situation of armed conflict and to the structure of certain international humanitarian law norms that render fact-finding missions complicated. It also aims at presenting both legal and practical challenges with the view to help relevant actors planning more effectively on fact-finding missions on alleged international humanitarian law violations.