The Future of the International Humanitarian Fact-Finding Commission: A Possibility to Overcome the Weakness of IHL Compliance Mechanisms?
In: The Companion to International Humanitarian LawSearch for other papers by Robert Heinsch in
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Abstract
Article 90 API establishes a permanent International Humanitarian Fact-Finding Commission with the mandate to enquire into serious violations of IHL and to facilitate the path to compliance with IHL through its good offices. However, since the official establishment of the competence of the Commission in 1991, it has only been called upon once, and probably not in a way as envisaged by Article 90 API. This essay will examine whether the Commission can, despite a lack of use in the past, contribute to a more efficient compliance system in IHL in the future. It will elaborate upon the nature of the Commission, and explain the mandate and procedure of this treaty body. Furthermore, this essay will highlight its advantages and challenges, and will finally evaluate the past, present and especially the future of this specific instrument for the enforcement of IHL.