Chapter

The interplay between international human rights law and international humanitarian law in the practice of commissions of inquiry

Marco Odello

Commissions of inquiry : problems and prospects

Oxford ; Portland : Hart, 2017

p. 199-229

English

This chapter looks at the work that commissions of inquiry do, with a particular attention to their use of international human rights law, international humanitarian law and other related rules and principles, in particular international criminal law, due to the possible consequences of individual criminal responsibility linked to the events under consideration. As these sets of rules are defined under international law, the mandates and the reports of the commissions of inquiry are relevant to see how they refer to, interpret and apply those norms in their work. It is also relevant to mention that the two main sets of international rules, despite the fact that they are well defined in international law, are also the object of discussion with regard to their possible relationship. In particular which rules would apply in borderline situations, when the armed conflict is not clearly recognized, and the possible clash of international humanitarian law and international human rights law may occur? It looks at the possible relationship within the context of commissions of inquiry that have dealt with situations that have been, at a certain point, identified as armed conflict.

• Full text (restricted access : ICRC)

• Commissions of inquiry : problems and prospects / ed. by Christian Henderson