law; for example, the Commission of Inquiry on the Syrian Arab Republic was required
to “establish the facts and circumstances … of the crimes perpetrated”, and also identify
perpetrators of violations “that may constitute crimes against humanity”.31
3. ACCOUNTABILITY
There has been an increasing tendency for mandates of commissions/missions to mention
accountability. For example, in Darfur (2004) it included to “identify the perpetrators of
such violations with a view to ensuring that those responsible are held accountable”;32
in Timor-Leste (2006) to “recommend measures to ensure accountability for crimes and
serious violations of human rights”;33 in Libya (2011) to “identify those responsible, to make
recommendations, in particular, on accountability measures, all with a view to ensuring
that those individuals responsible are held accountable”;34 in the Syrian Arab Republic
(2011) to “identify those responsible with a view to ensuring that perpetrators of violations,
including those that may constitute crimes against humanity, are held accountable”;35 in the
Occupied Palestinian Territory to “make recommendations, in particular on accountability
measures, all with a view to avoiding and ending impunity and ensuring that those
responsible are held accountable”.36
Commissions/missions have been increasingly explicit in explaining that their understanding
of accountability goes beyond that of criminal prosecutions. For example, in Darfur
(2004), there was no definition of “accountability”, but the report focused on the justice
and reparation element of accountability, speaking of the Commission having “gathered
information that allows it to take a first step in the direction of ensuring accountability for
the crimes committed in Darfur by pointing out to the appropriate prosecutorial and judicial
authorities those who deserve thorough investigation”. The report also mentioned the need
to have “measures to bring relief and redress to the victims … to complete the process of
accountability”.37 In Timor-Leste (2006), the mandate leaned towards criminal justice by
adding that accountability measures should take “into account that the Government of
Timor-Leste considers that the domestic justice system … should be the primary avenue of
accountability for these alleged crimes and violations”.38 While the report focused on the
12
31
Human Rights Council resolution S-17/1, para. 13.
32
Security Council resolution 1564 (2004), para. 12.
33
Report of the Independent Special Commission of Inquiry for Timor-Leste (S/2006/822), annex, para. 4 (c).
34
Human Rights Council resolution S-15/1, para. 11.
35
Human Rights Council resolution S-17/1, para. 13.
36
Human Rights Council resolution S-21/1 of 23 July 2014, para. 13.
37
Report of the International Commission of Inquiry on Darfur to the Secretary-General (S/2005/60), paras. 528 and 565.
38
See S/2006/822.
COMMISSIONS OF INQUIRY AND FACT-FINDING MISSIONS ON INTERNATIONAL HUMAN RIGHTS AND HUMANITARIAN LAW
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