Competences of the International Humanitarian Fact-Finding Commission: the Case of the Kunduz Hospital Bombing

The article analyzes the legal possibility of involving the International Humanitarian Fact-Finding Commission to investigate the US Air Force’s attack on the Trauma Centre of the international humanitarian organization «Doctors without Borders» in Kunduz (Afghanistan). The author concludes that the...

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Bibliographic Details
Main Author: Alexey S. Kudinov
Format: Article
Language:English
Published: Moscow State Institute of International Relations (MGIMO) 2016-03-01
Series:Московский журнал международного права
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Online Access:https://www.mjil.ru/jour/article/view/134
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Summary:The article analyzes the legal possibility of involving the International Humanitarian Fact-Finding Commission to investigate the US Air Force’s attack on the Trauma Centre of the international humanitarian organization «Doctors without Borders» in Kunduz (Afghanistan). The author concludes that there is no such possibility for the Commission in its current configuration, because the fulfillment of a number of conditions is required. At least one of the parties (the United States or Afghanistan) should file a request for an investigation, and the other-to express its consent. Parties should cover all expenses for investigation. The Commission’s final report will remain confidential, unless the parties request its publication. Given the fact that as such a dispute between the US and Afghanistan is absent, the task of the Commission in connection with the incident in Kunduz is completely missing.
ISSN:0869-0049
2619-0893