Military investigations in armed conflict : independence and impartiality under international law
著者
書誌事項
Military investigations in armed conflict : independence and impartiality under international law
（Routledge research in the law of armed conflicts）
Routledge, 2024
- : hbk
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注記
Includes bibliographical references and index
Summary:"An allegation is made that a war crime was committed by a soldier during a conflict. Who should investigate the allegation? How should they investigate? This book explores a topic of critical importance in legal and policy discussions surrounding the accountability of military operations in armed conflict, and problematises some presumptions that are often made about the topic. The work provides the international legal framework necessary to address these questions and establishes the precise standards of independence and impartiality as applicable to investigations in armed conflict. It questions the assumption that the standards of independence and impartiality of investigations should be measured in the same way that we measure these standards for judges, courts, and tribunals. It also explores the ways in which military institutions and culture, as well as the context of armed conflict, may impact the effectiveness of investigations or the perception of justice by those affected. By demonstrating
収録内容
- The legitimacy of military justice
- The obligation to investigate effectively under international law
- The independence and impartiality of investigations in relation to their effectiveness
- Military institutional challenges to independence and impartiality
- The impact of armed conflict on independence and impartiality
- When it goes wrong : failures to investigate, patterns of violations, and systematic impunity
