United Nations Fact-Finding Missions into Grave and Mass Scale Violations of Human Rights and Humanitarian Law: Between Diversity and Uniformity

To respond appropriately to the violations of human rights and humanitarian law, the United Nations requires an in-depth knowledge of the facts alleged and a better understanding of the relevant situation on the ground. To this end, United Nations organs including the General Assembly, the Security Council, the Secretary General, the Human Rights Council and even the Office of the High Commissioner for Human Rights may create fact-finding missions. These missions are collegial ad hoc bodies created in response to human rights and humanitarian law violations that are particularly grave. Their functions generally include establishing the facts, conducting a legal appraisal of facts, and making recommendations for the cessation of violations and for their remedy.

In the past twenty years, United Nations organs have increasingly resorted to these missions-often referred to as commissions of inquiry-in particular when violations of international human rights and international humanitarian law may amount to international crimes. In this respect, transitional justice theory and the doctrine of the responsibility to protect provide new perspectives for fact-finding. The objectives and functions of these missions have therefore diversified. However, some states and scholars criticize the ad hoc creation of the missions, their often politicized mandate, and their methods of work. We will elaborate on this tension between uniformity and diversity and propose some solutions. These proposals will aim at addressing the issues raised by scholars as well as maximizing the missions' impact on stakeholders' response to the situation.