Journal Article

The Darfur Commission as a Model for Future Responses to Crisis Situations

Philip Alston

in Journal of International Criminal Justice

Volume 3, issue 3, pages 600-607
Published in print July 2005 | ISSN: 1478-1387
Published online July 2005 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mqi053
The Darfur Commission as a Model for Future Responses to Crisis Situations

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The various special procedures so far set up by the Commission on Human Rights (CHR) to investigate serious violations of human rights are very different from what can be achieved by a commission of inquiry. There is almost no comparison in terms of the scale of resources, the expertise mobilized, the amount of detail contained in the Commission's Report, the precision and weight of the legal analysis, and the consequent power of the final product to galvanize both public opinion and inter-governmental action. The Darfur Commission may also serve to expand the bridge being built between the Commission of Human Rights and the Security Council (SC). The practice of appointing commissions of inquiry has immense potential in that it can provide the type of specialist input necessary if the human rights machinery and the SC are to form part of a continuum. Commissions of inquiry reports may contribute to promoting transparency and accountability in the work of the SC, since the Council, when determining whether or not to take action in a human rights situation, has to respond to a carefully documented and a well argued analytical report. Finally, the establishment of such commissions to evaluate whether or not a situation warrants referral to the ICC provides an appropriate filtering mechanism before the Council takes a decision.

Journal Article.  3030 words. 

Subjects: Criminal Law ; International Law ; International Criminal Law ; International Humanitarian Law ; Transnational Crime

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