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The Transformation of Human Rights Fact-Finding$
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Philip Alston and Sarah Knuckey

Print publication date: 2016

Print ISBN-13: 9780190239480

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780190239480.001.0001

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The Interaction between Human Rights Fact-Finding and International Criminal Proceedings

The Interaction between Human Rights Fact-Finding and International Criminal Proceedings

Toward a (New) Typology

Chapter:
(p.255) 13. The Interaction between Human Rights Fact-Finding and International Criminal Proceedings
Source:
The Transformation of Human Rights Fact-Finding
Author(s):

Carsten Stahn

Dov Jacobs

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780190239480.003.0013

This chapter develops a differentiated typology, or “polycentric model”, for analyzing the interaction between human rights fact-finders and international criminal courts and tribunals. It acknowledges the autonomy and inherent features of human rights fact- finders and those tribunals, including their legitimate differences. It argues that the impact of human rights fact-finding on international criminal proceedings differs according to a number of internal and external parameters. It then formulates a number of propositions to assess the relevance of materials, documents, and testimony provided by fact-finding bodies and to improve interaction with international criminal courts and tribunals (ICCTs). The proposed matrix does not seek to provide definitive answers and solutions. Rather, it marks an attempt to bring further complexity into a somewhat polarized debate, by theorizing interaction through a pluralist lens.

Keywords:   human rights fact-finding, international criminal proceedings, polycentric model, typologies, ICCTs

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