War Crimes and the Conduct of Hostilities
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War Crimes and the Conduct of Hostilities

Challenges to Adjudication and Investigation

Edited by Fausto Pocar, Marco Pedrazzi and Micaela Frulli

Most charges for war crimes are brought for violations of the rules on the treatment of protected persons in armed conflict situations. However in certain cases, they are brought for serious breach of international humanitarian law rules governing the conduct of hostilities. This book seeks to address this somewhat neglected area of international criminal law.
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Chapter 19: UN fact-finding commissions and the prosecution of war crimes: An evolution towards justice-oriented missions?

Micaela Frulli


The assortment of fact-finding organs and missions created within the framework of intergovernmental organizations is vast and multifaceted. Some of these missions are established on the basis of previously existing rules but most of them are created ad hoc. The establishment, methodology, mandate and goals of a fact-finding mission depend on many different factors: the organization or body that creates it; the powers conferred on it; the attitude of the State where the mission will be deployed; and the degree of the international community’s political support for the investigating effort.

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