The International Commission of Inquiry on Libya: A Critical Analysis
Jens Meierhenrich (ed.), International Commissions: The Role of Commissions of Inquiry in the Investigation of International Crimes (OUP, Forthcoming 2023)
51 Pages Posted: 5 Aug 2012 Last revised: 13 Feb 2023
Date Written: 2012
Abstract
This chapter provides a critical assessment of the International Commission of Inquiry on Libya, established by the United Nations Human Rights Council in February 2011 to investigate violations of international law committed in the Libyan Arab Jamahiriya. The chapter is divided into four sections. Section I provides a brief summary of the Commission’s creation, investigation, and findings. Section II assesses whether the Commission’s mandate and methods satisfied international standards of independence and impartiality. Section III raises a number of questions about the legal framework the Commission applied. Finally, Section IV asks whether, in light of the facts it found and the law that it applied, the Commission’s legal conclusions withstand analysis.
Keywords: ICL, international criminal law, human rights, fact-finding, commissions of inquiry, Libya, international criminal court
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