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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 on the effectiveness of investigations or the perception of justice by those affected. By demonstrating the precise ways in which military investigations can contribute to or hinder the effectiveness of investigations, the book clarifies States' responsibilities with regard to their accountability efforts for serious violations of international law in armed conflict. The work will be a valuable resource for academics, researchers, and policy-makers working in the areas of international humanitarian law, international human rights law, as well as political science and military ethics.
List of contents
1. Introduction; 2. The legitimacy of military justice; 3. The obligation to investigate effectively under international law; 4. The independence and impartiality of investigations in relation to their effectiveness; 5. Military institutional challenges to independence and impartiality; 6. The impact of armed conflict on independence and impartiality; 7. When it goes wrong: Failures to investigate, patterns of violations, and systematic impunity; 8. Conclusion
About the author
Claire Simmons is a Senior Lecturer in the Department of Defence & International Affairs at the Royal Military Academy Sandhurst, and Fellow of the Essex Armed Conflict and Crisis Hub, part of the Human Rights Centre at the University of Essex (UK).
Summary
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.
