The work of commissions and missions
In the United Nations context, the terms “international commission of inquiry” and
“international fact-finding mission” have been used to designate a variety of temporary
bodies of a non-judicial nature, established either by an intergovernmental body or by the
Secretary-General or the High Commissioner for Human Rights, and tasked with investigating
allegations of violations of international human rights, international humanitarian law or
international criminal law and making recommendations for corrective action based on
their factual and legal findings.19
The work of commissions/missions is crucial for strengthening human rights protection in
multiple ways. The commissions/missions can provide an historical record of serious violations
of human rights and international humanitarian law, and influence changes in law and
practice to advance human rights. Critically, they assist in ensuring accountability for serious
violations, which is fundamental in order to deter future violations, promote compliance
with the law and provide avenues of justice and redress for victims. International human
rights investigations have furnished crucial elements to judicial procedures. They have done
so in the inquiries of ad hoc international tribunals and of the International Criminal Court.
Many of them have delved into the root causes of the violence and violations, triggering
transitional justice mechanisms that address the rights to the truth, justice, remedies and
reparations, and guarantees of non-recurrence, and have thus informed more sustainable
peacebuilding and reconciliation efforts, and assisted in the political settlement of conflicts.
In fulfilling their mandates, commissions/missions often review judicial and other
accountability mechanisms and their recommendations focus on strengthening legislation
and institutions so as to improve accountability for past violations at the national or
international level, and provide redress to victims. In some instances special domestic
accountability mechanisms have been established to address the violations investigated
by the commission/mission and to give effect to its recommendations.
Considerable publicity around the work of commissions/missions, for example, those
investigating the events in Gaza or the Syrian Arab Republic, has increased the public profile
of such investigations and highlighted the important role they play in the implementation
of international human rights norms and international humanitarian law, and in supporting
accountability for perpetrators in instances where other mechanisms have failed.
19
Within the United Nations, fact-finding and investigation of violations of human rights and international humanitarian
law are carried out by a variety of bodies and mechanisms, including special rapporteurs of the Human Rights Council,
field offices of OHCHR, including human rights components integrated in peace missions, and certain treaty-based
bodies. While the methodological standards applicable to professional fact-finding and investigations are the same,
regardless of the entity that conducts the activity, this publication focuses on international commissions of inquiry and
fact-finding missions as defined above.
GUIDANCE AND PRACTICE
7
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents