Accountability Through Fact-Finding: Appraising Inquiry in the Context of Srebrenica

Abstract

The Srebrenica tragedy has given rise to many responses of political, judicial and semi-judicial nature. One mechanism that has perhaps received less attention than the adjudicatory performances is the institution of inquiry. This article contrasts the two most prominent formal inquiries into the fall of Srebrenica by the UN and the Dutch NIOD and it offers valuable insights into the role and authority of inquiry exercises regarding international affairs and moments of crisis. The article also examines the function of ex post facto inquiries as compared to judicial exercises. Given that inquiry processes generally establish a greater set of facts which are not tied up to legal categories, it is argued that the institution of inquiry may fulfil a complementary function to legal processes as it can offer a more comprehensive account of events and thus address societal demands for the accountability of a wider range of actors.