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Commissions of inquiry: flexible temporariness or permanent predictability?

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posted on 2023-06-09, 00:31 authored by Christian HendersonChristian Henderson
Temporary commissions of inquiry have become more prominent over the past decade, with their establishment particularly noticeable in the context of the Arab Spring. Along with their increased prominence they have also displayed certain features of an adjudicative nature. Although primarily established as fact-finding bodies, their mandates now regularly include making assessments as to potential violations by particular entities of international human rights law and international humanitarian law. This chapter examines the impact that commissions of inquiry as temporary creations have had upon international law and, more specifically, upon international legal adjudication, in particular the traditional formality of international legal adjudication, the principle prohibiting intervention in the internal affairs of states, and procedural fairness. While the temporariness of commissions of inquiry is in many ways unproblematic, this chapter identifies certain problems and examines the possibilities for the establishment of a permanent commission as a means to rectify some of the issues associated with their current temporary nature.

History

Publication status

  • Published

File Version

  • Published version

Journal

Netherlands Yearbook of International Law

ISSN

0167-6768

Publisher

T.M.C. Asser Press

Volume

45

Page range

287-310

Pages

413.0

Book title

Netherlands yearbook of international law 2014: between pragmatism and predictability: temporariness in international law

Place of publication

The Hague

ISBN

9789462650596

Series

Netherlands Yearbook of International Law book series

Department affiliated with

  • Law Publications

Full text available

  • No

Peer reviewed?

  • Yes

Editors

Ramses A Wessel, Mo´nika Ambrus

Legacy Posted Date

2016-03-09

First Compliant Deposit (FCD) Date

2016-03-22

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