International Criminal Law Outside the Courtroom: The Impact of Focusing on International Crimes for the Quality of Fact-Finding by International Commissions of Inquiry

Abstract

The renaissance of international criminal law in the 1990s not only altered the landscape of international law, but has had an impact on international fact-finding. Analysis of mandates and reports of international commissions of inquiry established by the United Nations reveals that international criminal law concepts have migrated into their investigations, findings and recommendations. This chapter tracks this migration of international criminal law from the courtroom and explores how an increased focus on international criminal law may affect the quality of the fact-finding process. A focus on international crimes has an influence on both substantive and procedural dimensions of fact-finding. Ultimately, these questions lead to an inquiry into the fundamental notion of 'quality'. An international criminal law-focus might contribute to a more rigorous fact-finding methodology, thereby increasing certainty in findings. However, when 'quality' is considered as a wider notion linked to normative and narrative agendas, an international criminal law-focus may limit the utility of fact-finding.