Journal article

Outcome Bias and Expertise in Investigations under International Humanitarian Law

Tomer Broude, Inbar Levy

European Journal of International Law | Oxford University Press (OUP) | Published : 2019


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 in-vestigators to consider only information available at the time decisions were made. Through an experimental vignette study conducted with layper..

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