Larissa van den Herik and Catherine Harwood
- Published in print:
- 2016
- Published Online:
- January 2016
- ISBN:
- 9780190239480
- eISBN:
- 9780190239527
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190239480.003.0012
- Subject:
- Law, Public International Law, Human Rights and Immigration
This chapter analyzes the consequences of the same body of law being utilized by different entities for different purposes. It specifically compares the use of international criminal law by ...
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This chapter analyzes the consequences of the same body of law being utilized by different entities for different purposes. It specifically compares the use of international criminal law by international criminal courts and by human rights commissions of inquiry. The chapter first situates modern human rights commissions of inquiry within the broader institutional fact-finding framework of the UN and examines how these make use of international criminal law. The approaches of various commissions are then compared and contrasted with judicial approaches, especially in terms of their interpretation and application of international criminal law. The slightly divergent approaches of commissions of inquiry are justified through the idea of “legitimate difference.” Concretely, these justifications relate to the distinct mandates and functions of the commissions. The chapter concludes with some thoughts on the ramifications of these divergences. It suggests that criminal courts should not automatically give precedential value to commission findings.Less
This chapter analyzes the consequences of the same body of law being utilized by different entities for different purposes. It specifically compares the use of international criminal law by international criminal courts and by human rights commissions of inquiry. The chapter first situates modern human rights commissions of inquiry within the broader institutional fact-finding framework of the UN and examines how these make use of international criminal law. The approaches of various commissions are then compared and contrasted with judicial approaches, especially in terms of their interpretation and application of international criminal law. The slightly divergent approaches of commissions of inquiry are justified through the idea of “legitimate difference.” Concretely, these justifications relate to the distinct mandates and functions of the commissions. The chapter concludes with some thoughts on the ramifications of these divergences. It suggests that criminal courts should not automatically give precedential value to commission findings.
