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Selecting and Applying Legal Lenses in Monitoring, Reporting, and Fact-Finding Missions

37 Pages Posted: 9 Oct 2013  

Theo Boutruche

Member, Harvard Group of Professionals on Monitoring, Reporting, and Fact-finding

Date Written: October 8, 2013

Abstract

While the existence of monitoring, reporting and fact-finding (MRF) bodies in the international realm is not a new phenomenon, the recent proliferation of such institutions raises a number of policy and legal issues. One issue is that, as MRF bodies are increasingly called to make legal determinations and interpret existing unsettled rules or concepts of international law, these mechanisms’ role and practice in this regard attract more legal scrutiny. As a result, the way that MRF missions apply the law — as much as the methodology used to establish facts — can affect the mission’s credibility. This paper addresses this issue by focusing on the selection and application of legal lenses in MRF mechanisms. The paper aims at describing and analyzing the current practice to identify strengths, gaps, and challenges, with a view to presenting options to improve the ways that MRF practitioners articulate and apply legal frameworks.

Keywords: Fact-finding, International Humanitarian Law, Human Rights

Suggested Citation

Boutruche, Theo, Selecting and Applying Legal Lenses in Monitoring, Reporting, and Fact-Finding Missions (October 8, 2013). Available at SSRN: https://ssrn.com/abstract=2337437 or http://dx.doi.org/10.2139/ssrn.2337437

Theo J BOUTRUCHE (Contact Author)

Member, Harvard Group of Professionals on Monitoring, Reporting, and Fact-finding ( email )

677 Huntington Avenue
Boston, MA 02115
United States

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