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Promoting Peace Through International Law$
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Cecilia Marcela Bailliet and Kjetil Mujezinovic Larsen

Print publication date: 2015

Print ISBN-13: 9780198722731

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780198722731.001.0001

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International Fact-Finding Mechanisms

International Fact-Finding Mechanisms

Lighting Candles or Cursing Darkness?

Chapter:
(p.368) 18 International Fact-Finding Mechanisms
Source:
Promoting Peace Through International Law
Author(s):

Cecilie Hellestveit

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198722731.003.0018

The chapter discusses international fact-finding mechanisms and their role in the promotion of peace. It relies on a stringent view of peace as ‘negative peace’, a reflection of the absence of armed conflict. It shows that international fact-finding mechanisms have gained ground as tools by which the international community responds to man-made emergencies that could threaten peace, but also give rise to various dilemmas. The chapter identifies tensions that arise between fact-finding for the purpose of conflict prevention, confidence-building fact-finding as part of treaty enforcement regimes, and finally fact-finding with the aim of ensuring accountability for international crimes. The chapter asks numerous crucial questions in this regard: ‘Do international fact-finding mechanisms serve to bemoan violations of international law while concealing inadequacies in its ability to respond appropriately, or does fact-finding in fact respond to the predicament of fact-finding as ‘a significant weapon in the armoury of world order’?

Keywords:   fact-finding, negative peace, conflict prevention, confidence building, accountability for international crimes

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