"Fact-Finding Without Facts is stunning in its quality, meticulous in its methodology, and revolutionary in its effects. Combs cracks the conventional wisdom that international criminal trials successfully determine who did what to whom during the cataclysm of mass atrocity. Hers is a grounded critique -- piercing, precise, yet itching with the promise of institutional reform. Fact-Finding Without Facts is among the most impressive publications to appear in the past decade in the field of post-conflict justice."
Mark A. Drumbl
Class of 1975 Alumni Professor of Law
Director, Transnational Law Institute
Washington and Lee University, School of Law
"Nancy Combs's latest book, Fact Finding Without Facts provides a startling indictment of the fact-finding process in international criminal law. Her conclusion that "more than 50% of the witnesses appearing in these trials testified in a way that was seriously inconsistent with their pre-trial statements" is chilling. Those interested in social epistemology, normative inquiry, and legal theory, as well as practitioners in international criminal law cannot afford to ignore this brilliant book."
Larry May
W. Alton Jones Professor of Philosophy and Professor of Law
Vanderbilt University
"Fact-Finding Without Facts is an excellent and unique study on what is the core of every criminal trial, proper and accurate fact-finding. Based on meticulous research, Combs makes us aware of the fragile state of international criminal proceedings. The field of international criminal law is in dire need of this type of critical study for further improvement. But Combs not only criticizes, she also offers highly valuable recommendations. This book is a must-read for everybody who sincerely wishes to improve the quality of fact-finding in international criminal trials."
G. K. Sluiter
Professor of International Criminal Law, University of Amsterdam
This book explores international criminal fact-finding - empirically, conceptually, and normatively - to reveal that criminal trials are beset by fact-finding impediments that impair the tribunals' ability to determine who did what to whom. The book concludes that these tribunals base their judgments on a less precise, more amorphous method of fact-finding than they publicly acknowledge.
About the Author
Nancy Amoury Combs is a Professor of Law at the William and Mary Law School, where she is the 2009-10 Cabell Research Professor and a 2008 recipient of William and Mary's Alumni Fellowship Award for teaching excellence. She earned her Ph.D. from Leiden University and her J.D. from the University of California at Berkeley School of Law. She has served as a law clerk to Judge Diarmuid O'Scannlain on the Ninth Circuit Court of Appeals and to Justice Anthony Kennedy on the United States Supreme Court. Prior to joining the faculty at William and Mary Law School, Professor Combs served as legal advisor at the Iran-United States Claims Tribunal in The Hague. She has written extensively on topics in international law and international criminal justice, publishing two books and numerous articles and essays appearing in the University of Pennsylvania Law Review, the Vanderbilt Law Review, the Hastings Law Journal, the American Journal of International Law, the Harvard International Law Journal, and the Chicago Journal of International Law, among others. She currently serves as member of the International Expert Framework, an international working group that is developing general rules and principles of international criminal procedure.