TITLE

OUTSOURCING INVESTIGATIONS

AUTHOR(S)
Baylis, Elena
PUB. DATE
March 2009
SOURCE
UCLA Journal of International Law & Foreign Affairs;Spring2009, Vol. 14 Issue 1, p121
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This article addresses the International Criminal Court's reliance on third-party investigations in the absence of its own international police force. In addition to cooperation from sometimes reluctant states, the ICC and other international criminal tribunals have come to rely on a network of NGOs and UN entities focused on post-conflict justice work to provide critical evidence. The author acknowledges the problems with third-party evidence in the context of the Lubanga case and notes that the use of third-party evidence raises questions regarding confidentiality and disclosure, the integrity of the evidence-gathering process, and the equality of arms between the prosecution and the defense. The author also recognizes the benefits of outsourcing investigations to willing and capable third parties, concluding that the Office of the Prosecutor should take advantage of embedded organizations' contextual knowledge and local connections. The author ultimately proposes two approaches the OTP could consider to effectively use NGO and UN expertise while maximizing control of its investigation: (1) the OTP could insert third-party experts already operating in the relevant areas into its investigations; and/or (2) it could develop a set of detailed guidelines for the UN and NGOs to follow in carrying out their investigations.
ACCESSION #
49190351

 

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