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Duty to investigate in armed conflict
Duty to investigate in armed conflict








duty to investigate in armed conflict

It further explores how the specific agreements applicable in UN and NATO operations address investigative cooperation, aiming to map relevant normative gaps. The present article examines the obligation to investigate in the context of peace operations, particularly as deriving from human rights law and international humanitarian law (IHL). In this sense, partial or total non-cooperation on the part of the host State may hamper a TCS’s ability to conduct an effective investigation. When a local is killed, for example, the investigating TCS must seek the authorization of the host State in order to perform an autopsy on the victim’s body, so not as to infringe on the latter’s sovereignty. To investigate effectively, however, a TCS will need to interact with the other actors involved in a peace operation: the host State, the leading international organization, and other TCSs. In these instances, troop-contributing States (TCSs) retain both a prerogative and a duty to undertake criminal investigations as prescribed by international law. Reports concerning crimes and abuses committed by peace operations personnel deployed in situations of humanitarian crisis often hit the news.










Duty to investigate in armed conflict