| ID | 182585 |
| Title Proper | From “is” to “ought |
| Other Title Information | the development of normative powers of UN investigative mechanisms |
| Language | ENG |
| Author | Moli, G Le |
| Summary / Abstract (Note) | This article analyses the normative powers conferred on and exercised by 69 Investigative Mechanisms, including UN Commissions of Inquiry, Fact-Finding Missions and Independent Investigative Mechanisms established between 1963 and 2020. Relying on a dataset collected by the author including all their mandates (78) and reports (121), the article introduces an analytical framework and uses it to (i) identify the specific normative powers conferred on Investigative Mechanisms, (ii) the evolution and main step changes in these powers between 1963 and 2020, and (iii) their specific expression in actual practice in matters such as the use of terminology (violations/abuses of human rights by non-State actors), the determination of the standard of proof, the characterization of primary norms, the development of integrated accountability strategies, and the internalization of functions usually entrusted to prosecutorial mechanisms. |
| `In' analytical Note | Chinese Journal of International Law Vol. 19, No.4; Dec 2020: p.625–681 |
| Journal Source | Chinese Journal of International Law Vol: 19 No 4 |