Simmons, Claire,

Military investigations in armed conflict : independence and impartiality under international law / Claire Simmons. - Abingdon, Oxon [UK] ; New York, NY : Routledge, 2024. - 1 online resource. - Routledge research in the law of armed conflict . - Routledge research in the law of armed conflict. .

The legitimacy of military justice -- The obligation to investigate effectively under international law -- The independence and impartiality of investigations in relation to their effectiveness -- Military institutional challenges to independence and impartiality -- The impact of armed conflict on independence and impartiality -- When it goes wrong : failures to investigate, patterns of violations, and systematic impunity.

"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 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 regards 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"--

9781003360223 100336022X 9781040006672 1040006671 9781040006696 1040006698

10.4324/9781003360223 doi


War (International law)
War crimes (International law)
Criminal investigation (International law)
Courts-martial and courts of inquiry.
Military interrogation.
Fairness.
LAW / International
LAW / Military

341.6/9