Journal Article

From Design to Implementation: The Interpretation of Fact-finding Mandates

Rob Grace

in Journal of Conflict and Security Law

Volume 20, issue 1, pages 27-60
Published in print April 2015 | ISSN: 1467-7954
Published online December 2014 | e-ISSN: 1467-7962 | DOI: https://dx.doi.org/10.1093/jcsl/kru019
From Design to Implementation: The Interpretation of Fact-finding Mandates

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  • Military and Defence Law
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  • Use of Force, War, Peace and Neutrality

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The mandate interpretation process is crucial to the implementation of fact-finding missions geared toward investigating alleged violations of international law, including human rights, international criminal law, and international humanitarian law. However, many disagreements exist about how fact-finding practitioners should weigh different factors in their mandate interpretation processes. This article—based in part on extensive interviews conducted by the author with fact-finding practitioners—examines areas of methodological agreement and disagreement, trends of professional decision making, and normative perceptions that practitioners hold about best practices regarding the interpretation of fact-finding mandates. Overall, the article aims to highlight points of convergence and divergence between past professional experiences and to illuminate the benefits and risks of different methodological choices.

Journal Article.  14159 words. 

Subjects: Military and Defence Law ; Public International Law ; Police and Security Services ; Terrorism and National Security Law ; Use of Force, War, Peace and Neutrality

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