Outcome Bias and Expertise in Investigations under International Humanitarian Law

2019 ◽  
Author(s):  
Tomer Broude ◽  
Inbar Levy
Keyword(s):  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Outcome Bias

Outcome Bias and Expertise in Investigations under International Humanitarian Law

2019 ◽  
Vol 30 (4) ◽  
pp. 1303-1318
Author(s):  
Tomer Broude ◽  
Inbar Levy
Keyword(s):  
Decision Making ◽  
Imperfect Information ◽  
Cognitive Outcome ◽  
Legal Responsibility ◽  
International Humanitarian Law ◽  
General Tendency ◽  
Humanitarian Law ◽  
Ex Post ◽  
Operational Decision Making ◽  
Outcome Bias

Abstract Many international law decisions are made by individuals, often possessed with expertise, legal or otherwise. We examine individual international humanitarian law (IHL) decision-making on two levels: military decisions made ex ante regarding real-time operational questions under conditions of uncertainty and imperfect information, and subsequent ex post evaluations of the propriety of military decisions in the context of military investigations regarding legal responsibility with respect to proportionality and reasonableness. IHL requires ex post investigators to consider only information available at the time decisions were made. Through an experimental vignette study conducted with laypersons, legal experts and people with field experience, we test whether they are susceptible to cognitive ‘outcome bias’, specifically the extent to which the knowledge of operational outcomes, especially regarding incidental civilian harm, influences ex post normative evaluations. Our results demonstrate a general tendency towards outcome bias, which is somewhat tempered by expertise. Individuals with operational decision-making experience may be less prone to outcome bias than legal experts. We discuss possible implications for the design of military investigations relating to IHL.

International Humanitarian Law

2020 ◽  
Author(s):  
Emily Crawford ◽  
Alison Pert
Keyword(s):  
International Humanitarian Law ◽  
Humanitarian Law

Using African Truth and Reconciliation Commission documentation for truth telling and reconciliation

2020 ◽  
pp. 1-5
Author(s):  
Proscovia Svärd
Keyword(s):  
Human Rights ◽  
Truth And Reconciliation Commission ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Truth Telling ◽  
Reconciliation Commission ◽  
Truth And Reconciliation ◽  
Post Conflict ◽  
Truth And Reconciliation Commissions ◽  
Reconciliation Process

Truth and Reconciliation Commissions (TRCs) are established to document violations of human rights and international humanitarian law in post-conflict societies. The intent is to excavate the truth to avoid political speculations and create an understanding of the nature of the conflict. The documentation hence results in a common narrative which aims to facilitate reconciliation to avoid regression to conflict. TRCs therefore do a tremendous job and create compound documentation that includes written statements, interviews, live public testimonies of witnesses and they also publish final reports based on the accumulated materials. At the end of their mission, TRCs recommend the optimal use of their documentation since it is of paramount importance to the reconciliation process. Despite this ambition, the TRCs’ documentation is often politicized and out of reach for the victims and the post-conflict societies at large. The TRCs’ documentation is instead poorly diffused into the post conflict societies and their findings are not effectively disseminated and used.

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

2010 ◽  
Vol 1 (2) ◽  
pp. 117-135
Author(s):  
Bożena Drzewicka
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
The West ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The World ◽  
International Human

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.

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