Commissions of inquiry: problems and prospects

This timely and pertinent collection looks at the variety of questions involved in the operation of Commissions of Inquiry (CoIs). Traditionally existing as pure fact-finding bodies, in recent times the function of CoIs has arguably shifted and broadened so as to provide a form of legal adjudication. This shift in their application merits scrutiny and this edited collection of essays addresses institutional and procedural aspects of CoIs, as well as issues in regards to the application and interpretation of the substantative law applied to them. Essay topics include the relationship of CoIs with, and impact upon, traditional forms of adjudication, the influences of international law upon the work of CoIs, through to issues of procedural fairness. Drawing upon the expertise of scholars working within in the field, it offers an insightful and critical analysis of CoIs.

• Foreword p. v Hon Michael Kirby AC CMC
• Acknowledgements p. xiii
• List of Contributors p. xvii
• Introduction p. 1 Christian Henderson
• Section 1 The Diversity of Contemporary Commissions of Inquiry
• 1 A Functional Typology of Commissions of Inquiry p. 11 Patrick Butchard and Christian Henderson
• 2 Hegemony and Counter-Hegemony: The Politics of Establishing United Nations Commissions of Inquiry p. 35 Michelle Farrell and Ben Murphy
• 3 Lessons From Two Regional Missions: Fact-finding in Georgia and South Sudan p. 65 Rob Grace
• 4 Domestic Commissions of Inquiry and International Law: The Importance of Normative Authority p. 89 Stephen Samuel and James A Green
• Section 2 Commissions of Inquiry and International Courts and Tribunals
• 5 Commissions of Inquiry and Traditional Mechanisms of Dispute Settlement p. 119 Alexander Orakhelashvili
• 6 Commissions of Inquiry: Courting International Criminal Courts and Tribunals p. 145 Christine Schwöbel-Patel
• 7 The Impact of International Commissions of Inquiry on the Proceedings before the International Criminal Court p. 171 Triestino Mariniello
• Section 3 Issues in the Substantive Engagement of Commissions of Inquiries with International Law
• 8 The Interplay between International Human Rights Law and International Humanitarian Law in the Practice of Commissions of Inquiry p. 199 Marco Odello
• 9 Laying the Foundations: Commissions of Inquiry and the Development of International Law p. 231 Shane Darcy
• 10 Quo Vadis? Commissions of Inquiry and their Implications for the Coherence of International Law p. 257 Russell Buchan
• Section 4 Procedural Questions and Working Methods
• 11 Selectivity and Choices in Human Rights Fact-finding: Reconciling Subjectivity with Objectivity? p. 287 Théo Boutruche
• 12 Commissions of Inquiry and Procedural Fairness p. 309 Alison Bisset
• 13 A Visible College: The Community of Fact-finding Practice p. 337 Corinne Heaven
• Index p. 361