The United Nations Human Rights Council (UNCHR) has the legal authority and supporting precedents to establish an independent international commission of investigation (“CoI”) in respect of the conflict in Yemen. Its failure to do so is completely inconsistent with well-established UN practice.
The 1991 UN General Assembly (UNGA) “Declaration on Fact-finding by the United Nations in the Field of the Maintenance of International Peace and Security” makes clear that “[f]act-finding should be comprehensive, objective, impartial and timely.” The Declaration also recommends “using the United Nations fact-finding capabilities at an early stage in order to contribute to the prevention of disputes and situations.”