The Grotius Dialogues is a discussion forum dedicated to the analysis of practical and conceptual issues in contemporary international law. It will allow us to broaden our daily horizons of research and to share our ideas on issues of interests for our community. Questions about the Dialogues and suggestions for topics should be addressed to:

 

 

 

 

The Dialogue will consist of a presentation by Larissa van den Herik, Carsten Stahn and Catherine Harwood on 

International Commissions of Inquiry and the Interplay with International Criminal Law

Abstract:  

Since 1990, the United Nations has established over thirty international commissions of inquiry to undertake fact-finding in respect of a variety of situations.  Many of these commissions have inquired into violations of human rights law and international humanitarian law. In recent years, some commissions have also conducted investigations under the rubric of international criminal law. This article charts key institutional developments in international commissions of inquiry by way of concrete examples and figures. Commissions’ mandates, establishing organs, working methods, findings and recommendations are examined to identify general trends in their establishment and activities.  International commissions of inquiry have emerged as a key mechanism to detect violations of, and promote compliance with, international law. In addition, in many ways their investigations and activities have moved closer to the norms and procedures of international criminal law (ICL). Both beneficial and detrimental consequences may flow from taking ICL beyond the judicial context. The article discusses whether the trend towards criminalization in international commissions of inquiry is to be welcomed from the perspective of international governance and in light of concerns regarding the application of ICL in the absence of procedural safeguards inherent in the trial process.