The Effectiveness of Fact-Finding Mechanisms in the Progressive Development of International Law

Abstract

Fact-finding, according to the United Nations Declaration on the Maintenance of International Peace and Security, is any activity that seeks to obtain accurate information about the facts of any dispute or situation that the United Nations bodies need in order to be effective in carrying out their duties in relation to the maintenance of international peace and security. Fact-finding is not only a legal issue in the field of human rights and humanitarian law, but also, considering other dimensions of the issue such as violence, psychological, social and political effects, their role in resolving conflicts is very colorful. By investigating acute human rights issues by countries and the challenges facing the United Nations, the role and importance of fact-finding committees are very evident. In this research, we have tried to study a collection of human rights documents such as treaties, declarations, resolutions, case law, doctrine, and also examine the reports of the rapporteurs of the United Nations Fact-Finding Commission with a descriptive-analytical method and with a re-examination approach in the form of interpretation and analysis of discourse, considering the increasing importance of fact-finding and its use as a non-litigation mechanism in various international institutions, to examine the role and effectiveness of fact-finding mechanisms, including the impartial determination of violations of human rights and humanitarian law, reporting on events that occurred and the responsibility of states for their actions, and determining the reasons for violations of obligations in line with the progressive development of international law.