Killing Two Birds with One Stone: Can Increased use of Article 34(2) of the ICJ Statute Improve the Legitimacy of UN Commissions of Inquiry & the Court’s Fact-Finding Procedure?

Devaney, J. G. (2013) Killing Two Birds with One Stone: Can Increased use of Article 34(2) of the ICJ Statute Improve the Legitimacy of UN Commissions of Inquiry & the Court’s Fact-Finding Procedure? Working Paper. Sant’Anna Legal Studies.

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Publisher's URL: http://stals.sssup.it/files/Devaney%20STALS%202%202013.pdf

Abstract

In light of the significant number of high profile UN Commissions of Inquiry established in recent times, this paper attempts to map out the areas in which such inquiries operate and evaluate their contribution to international law to date. Next, the paper seeks to take the next step and ask what can be done to remedy some of the weaknesses that are apparent in the operation of such commissions in order to ensure more effective functioning of such inquiries. To this end the paper ponders whether increased use of Article 34(2) of the ICJ Statute (more specifically, the Court requesting the Human Rights Council or the Secretary-General of the UN to establish a commission of inquiry to provide it with information in relation to a case before it) could both benefit the Court itself and improve the operation of UN Commissions of inquiry. After exploring this possibility in light of the jurisdictional constraints under which the Court operates, the paper in its final section briefly considers some other structural and procedural reforms that could be introduced in order to remedy some of the current weaknesses of UN Commissions of Inquiry.

Item Type:Research Reports or Papers (Working Paper)
Additional Information:STALS RESEARCH PAPER N. 2/2013
Status:Published
Glasgow Author(s) Enlighten ID:Devaney, Dr James
Authors: Devaney, J. G.
College/School:College of Social Sciences > School of Law
Publisher:Sant’Anna Legal Studies

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