Fact-Finding without Facts


Book Description

Fact-Finding Without Facts explores international criminal fact-finding - empirically, conceptually, and normatively. After reviewing thousands of pages of transcripts from various international criminal tribunals, the author reveals that international criminal trials are beset by numerous and severe fact-finding impediments that substantially impair the tribunals' ability to determine who did what to whom. These fact-finding impediments have heretofore received virtually no publicity, let alone scholarly treatment, and they are deeply troubling not only because they raise grave concerns about the accuracy of the judgments currently being issued but because they can be expected to similarly impair the next generation of international trials that will be held at the International Criminal Court. After setting forth her empirical findings, the author considers their conceptual and normative implications. The author concludes that international criminal tribunals purport a fact-finding competence that they do not possess and, as a consequence, base their judgments on a less precise, more amorphous method of fact-finding than they publicly acknowledge.




Fact-Finding before the International Court of Justice


Book Description

Fact-Finding before the International Court of Justice examines a number of significant recent criticisms of the way in which the ICJ deals with facts. The book takes the position that such criticisms are warranted and that the ICJ's current approach to fact-finding falls short of adequacy, both in cases involving abundant, particularly complex or technical facts, and in those involving a scarcity of facts. The author skilfully examines how other courts such as the WTO and inter-State arbitrations conduct fact-finding and makes a number of select proposals for reform, enabling the ICJ to address some of the current weaknesses in its approach. The proposals include, but are not limited to, the development of a power to compel the disclosure of information, greater use of provisional measures, and a clear strategy for the use of expert evidence.




The Transformation of Human Rights Fact-finding


Book Description

Fact-finding is at the heart of human rights advocacy, and is often at the center of international controversies about alleged government abuses. In recent years, human rights fact-finding has greatly proliferated and become more sophisticated and complex, while also being subjected to stronger scrutiny from governments. Nevertheless, despite the prominence of fact-finding, it remains strikingly under-studied and under-theorized. Too little has been done to bring forth the assumptions, methodologies, and techniques of this rapidly developing field, or to open human rights fact-finding to critical and constructive scrutiny. The Transformation of Human Rights Fact-Finding offers a multidisciplinary approach to the study of fact-finding with rigorous and critical analysis of the field of practice, while providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field. The contributions to this book are the result of a major international conference organized by New York University Law School's Center for Human Rights and Global Justice. Engaging the expertise and experience of the editors and contributing authors, it offers a broad approach encompassing contemporary issues and analysis across the human rights spectrum in law, international relations, and critical theory. This book addresses the major areas of human rights fact-finding such as victim and witness issues; fact-finding for advocacy, enforcement, and litigation; the role of interdisciplinary expertise and methodologies; crowd sourcing, social media, and big data; and international guidelines for fact-finding.




What the Fact?


Book Description

From acclaimed writer, journalist, and physician Dr. Seema Yasmin comes a “savvy, accessible, and critical” (Kirkus Reviews, starred review) book about the importance of media literacy, fact-based reporting, and the ability to discern truth from lies. What is a fact? What are reliable sources? What is news? What is fake news? How can anyone make sense of it anymore? Well, we have to. As conspiracy theories and online hoaxes increasingly become a part of our national discourse and “truth” itself is being questioned, it has never been more vital to build the discernment necessary to tell fact from fiction, and media literacy has never been more important. In this accessible guide, Dr. Seema Yasmin, an award-winning journalist, scientist, medical professional, and professor, traces the spread of misinformation and disinformation through our fast-moving media landscape and teaches young readers the skills that will help them identify and counter poorly-sourced clickbait and misleading headlines.







Sentencing Bench Book


Book Description

This book contains commentary on three key sentencing statutes, and on sentencing law for nine offence categories.




Quality Control in Fact-Finding


Book Description

This book discusses how fact-finding mechanisms for alleged violations of international human rights, humanitarian and criminal law can be improved. There has been a significant increase in the use of international(ised) and domestic fact-finding mechanisms since 1992, including by the United Nations human rights system, international commissions of inquiry, truth and reconciliation commissions, and NGO fact-finding. They are analysed and assessed in detail by 22 authors under the common theme 'Quality Control in Fact-Finding'. The authors include Richard J. Goldstone, Martin Scheinin, LIU Daqun, Charles Garraway, David Re, Simon De Smet, FAN Yuwen, Isabelle Lassée, WU Xiaodan, Dan Saxon, Christopher B. Mahony, Dov Jacobs, Catherine Harwood, Lyal S. Sunga, Wolfgang Kaleck, Carolijn Terwindt, Ilia Utmelidze and Marina Aksenova. This Second Edition includes new chapters by Geoffrey Robertson QC, Emma Irving and William H. Wiley, as well as a new foreword by Mads Andenæs. The book considers how the quality of every functional aspect of fact-finding can be improved, including work processes to identify, locate, obtain, verify, analyse, corroborate, summarise, synthesise, structure, organise, present and disseminate facts. Emphasis is placed on the nourishment of an individual mindset and institutional culture of quality control. This book concerns fact-work outside criminal justice systems. It is supplemented by Quality Control in Preliminary Examination: Volumes 1 and 2 and Quality Control in Criminal Investigation in the same Series.




Disalmanac


Book Description

Have you ever wanted to dazzle your friends with your command of history, science, and other important matters? No? Then this is the book for you. Ronald Reagan once famously said, “Facts are stupid things.” The book you hold in your hands will prove it. Did you know that Albuquerque’s population is 78% chupacabra and 22% victim? Do you know why civilization started in Mesopotamia, and not Boise? And did you know the reason you shouldn’t stare at the Sun is that it will probably shoot you and turn your skin into a rain poncho? Disalmanac is a handy compendium of false facts covering everything from world history and economics to pop culture, sports, and more. All of which are incorrect, but try not to be so judgy about it. But wait, there’s more. You’ll also discover a generous supply of Random Bonus Facts from the likes of Michael Ian Black, Neil Gaiman, Wil Wheaton, Weird Al Yankovic, and other luminaries who may or may not have a good grasp of the facts.




Modi and Godhra


Book Description

No instance of communal violence has provoked as much controversy as the Gujarat 2002 carnage, in which over 1,000 people, mostly Muslims, were killed. And none has been subjected to as much fact-finding, especially under the monitoring of the Supreme Court. Sifting through the wealth of official material, this book contends that the fact-finding - riddled as it was with ambiguities and deceptions, gaps and contradictions - glossed over crucial pieces of evidence, and thereby shielded the powers that be. Though it gave a clean chit to Chief Minister Narendra Modi in 2012, the Supreme Court-appointed special investigation team (SIT) left unasked a range of key questions on the anti-Muslim violence following the burning of a train in Godhra carrying Hindutva activists. How could Modi claim, Manoj Mitta asks, to have been unaware, for nearly five hours, of the first post-Godhra massacre, which took place at Ahmedabad's Gulberg Society? How does this claim square with his admission that he was tracking the violence as it unfolded? Why did Modi take five days to visit riot-affected areas in Ahmedabad and a month to meet Muslim victims in a refugee camp? Why were forensic experts called to see the burnt Godhra coach only after two months, although it had been open to the public throughout that period? What exactly did Modi celebrate in his Gaurav Yatra, which he launched within six months of the carnage? Why did the Gujarat police sit for six years on the call data records of the riot period? Scrupulously researched, The Fiction of Fact-finding draws telling parallels between Gujarat 2002 and the 1984 massacre of Sikhs in Delhi to underline an insidious pattern in Indian democracy: the subversion of the criminal justice system, under a shroud of legal platitudes, by the ruling dispensation.




Facts and Evidence


Book Description

This book presents an in-depth discussion on two concepts from the field of philosophy and law, in order to improve our understanding of the relation between “fact” and “evidence” in judicial process. Since fact-finding is a difficult task for judges, proof by evidence has been devised to help them access the truth. However, in the process of judicial fact-finding, there is always a gap between fact and truth. This book covers a wide range of topics, from reflections on the concept of “fact,” “evidence” and “fact-finding” in the field of philosophy and law to individual case studies. As such it is a useful reference resource on the continuing research on the judicial proof process for students and scholars.