F. Terms of reference The terms of reference (ToRs) are developed and adopted by the commissions/missions based on the mandate and applicable legal and methodological principles. Clear, detailed and specific ToRs are essential to enable the successful fulfilment of their mandates. The development of an agreement on detailed ToRs is the first step when commissions/ missions start to work. ToRs should generally include the following: 1. Legislative authority: The authority (official body and resolution or other mandating document) that established the commission/mission and defined its mandate and powers (e.g., Security Council, Human Rights Council, General Assembly, Secretary General). 2. Mandate: The exact language from the mandating authority (e.g., Human Rights Council resolution) should be reproduced in the ToRs. The ToRs should also set out how the commission/mission interprets its mandate, including through further detailing those aspects that may be only broadly defined in the mandating resolution or other official document. Mandate clarification should cover: • Time frame (ratione temporis) • Subject matter (ratione materiae) • Territorial range (ratione loci) • Actors (ratione personae) 3. Legal framework: Does the mandate include international human rights law and international humanitarian law? Will the commission/mission refer to international criminal law? 4. Standard of proof: There should be reference to the standard of proof the commission/ mission has decided to apply. 5. Composition: The number and appointment of commissioners/experts and the responsibility of OHCHR to provide the substantive expertise and administrative, technical and logistical assistance required to fulfil the mandate promptly and efficiently, including through a secretariat. 6. State obligations: The entitlements of the commission/mission to freedom of movement, inquiry and protection should be clearly outlined, including the corresponding obligations of the State(s) involved. Standard language includes: (a) Freedom of movement throughout the territory of the country concerned or other countries; GUIDANCE AND PRACTICE 67