A. Principles and standards
Commissions of inquiry and fact-finding missions mandated by the United Nations to investigate
violations of international human rights and humanitarian law are required to ensure that
their methods of work conform to the principles and standards of the Charter of the United
Nations and international law (international human rights law, international humanitarian law,
criminal law and refugee law). The United Nations has also created a body of principles and
standards for fact-finding and inquiries under its authority and, over the years, established
practice and doctrine. United Nations-mandated commissions/missions should ensure that
they adhere to these principles and standards, reflect them in their terms of reference, methods
of work and rules of procedure, and describe them in the final report.
Principles of human rights and international humanitarian law fact-finding
and investigations
Do no harm
While the commission/mission is unable to guarantee the safety of the persons it
comes into contact with, it should ensure that its actions or inaction do not jeopardize
the safety of such persons, its staff, its information or its work. It should also ensure
that its activities are not detrimental to the United Nations.
Independence
Members and staff of the commission/mission are required to act independently.
They should ensure that they do not seek or accept instructions from any person,
Government or other source, and are not unduly influenced in the exercise of their
functions by any person, Government, NGO or other entity.
Impartiality
All tasks of the commission/mission should be based on its mandate and applicable
international norms, and alleged violations by all parties should be investigated
with equal thoroughness and vigour. The commission/mission should avoid any
perceptions that it could be siding with one party over another.
GUIDANCE AND PRACTICE
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