The International Humanitarian Fact-Finding Commission is a permanent body available to the international community to investigate grave violations of international humanitarian law. Its legal foundation is set out in Article 90 of the first supplementary protocol to the Geneva Convention of 1949. Based in Berne, the permanent Fact-Finding Commission consists of 15 experts. The Federal Department of Foreign Affairs (FDFA) manages its secretariat.

When parties to a conflict are accused of grave violations of international humanitarian law, the Commission’s experts investigate them. They also perform valuable services relating to respect for international humanitarian law. Unlike a court, the Commission restricts itself to establishing the facts: it does not deliver a verdict. The Commission notifies the relevant parties and makes recommendations for improving compliance with international humanitarian law and its application.

The fact-finding commission’s remit includes both international conflicts and conflicts within one country. Before a state can take a case to the fact-finding commission, it must first acknowledge the commission’s competency (on either a blanket or an ad-hoc basis) and file a declaration with the Swiss Federal Council, which acts as the Depositary of the Geneva Conventions and the annexed protocols. The commission cannot initiate investigations, however, until the parties to the conflict have given their consent.

The fact-finding commission was created on the basis of Article 90 of the first supplementary protocol to the 1949 Geneva Convention, agreed by the international community in Geneva in 1977. Established in 1991, it was recognized by the first 20 states in the same year. To date 70 states on five continents have filed a declaration of acknowledgement, Switzerland among them.

The current President of the fact-finding commission is German Professor Michael Bothe. The 15 experts, who are elected by the member states, hold office for five years.

The fact-finding commission regularly receives the support of the General Assembly and the Security Council of the United Nations, as well as of other international bodies such as the International Committee of the Red Cross, the International Conference of the Red Crescent, the European Council and the European Union.