A. Selection and appointment of members
1. PROCESS
The practice for the selection of members of commissions/missions varies and decisions on
their composition may be affected by a variety of factors. The decision on the composition
normally rests with the mandating authority – be that the Security Council, the General
Assembly, the Human Rights Council, the Secretary-General or the High Commissioner for
Human Rights. In some cases, the mandating authority has asked the Secretary-General
(for example, the Security Council for Darfur (2004) and the Central African Republic
(2014) or the High Commissioner (for example, the Human Rights Council for the follow-up
to the report on the Gaza conflict (2010)57) to select and appoint the members. OHCHR
maintains a list of well-qualified high-level persons who may be considered as members
for investigative bodies, seeking to ensure the necessary range of expertise, skills, integrity
and other requirements as further detailed below.
With regard to commissions/missions established by the Human Rights Council,
the President of the Council generally seeks the views of States, non-governmental
organizations (NGOs) and OHCHR regarding possible candidates. OHCHR reviews
possible candidates based on the requirements of each commission/mission. The final
decision rests with the mandating authority.
International standards and over two decades of experience point to a number of
important elements that should be considered in the selection of members to ensure the
effective fulfilment of mandates.
2. GENERAL CRITERIA
In the selection of members, consideration should be given to the following:
(a) How many members?
Most commissions/missions have been composed of either three or five members.
An odd number is preferable to facilitate final decision-making, should the members
be unable to reach consensus. The choice of members will also have an impact on
the conduct of the work and on the resources needed. Sometimes the number of
members is stipulated in the mandating resolution. If not, a decision should be made
following a thorough analysis of the mandate, the likely activities the commission/
mission will conduct, the type of expertise required, the logistical capacity and the
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Committee of independent experts to monitor and assess any domestic, legal or other proceedings undertaken by both the
Government of Israel and the Palestinian side, established pursuant to Human Rights Council resolution 13/9 of 25 March 2010.
COMMISSIONS OF INQUIRY AND FACT-FINDING MISSIONS ON INTERNATIONAL HUMAN RIGHTS AND HUMANITARIAN LAW
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