consistent with other material, based on which a reasonable and ordinarily prudent
person would have reason to believe that such an incident or pattern of conduct [has]
occurred” (emphasis added).64 In Gaza (2009) the Mission relied on corroboration of
facts and assessing whether, in all the circumstances, there was “sufficient information of
a credible and reliable nature […] to make a finding in fact”.65
The Fact-finding Mission investigating Israeli attacks on a flotilla (2010) adopted a
balance of probabilities standard of proof: “Matters were decided on the basis of the
preponderance and quality of the evidence so as to satisfy all the members of the Mission
in order that they felt sure of their conclusions”.66 In Libya (2011) the Commission also
adopted a balance of probabilities approach: “It bore in mind the fact that it was not
seeking evidence of a standard to support a criminal conviction, but rather making an
assessment based on a ‘balance of probabilities’ to determine whether a violation had
occurred.”67
8. INTEGRATING GENDER ANALYSIS
Commissions/missions are required to integrate a gender perspective into their
investigations to ensure that all violations against men and women of all ages and
sections of society are recognized and accounted for. This helps to better understand
the causes and types of human rights violations committed, how they may affect women,
girls, men and boys differently, and the measures required for prevention and protection.
It is important to remember that women as such do not constitute a vulnerable group and
not all are victims. Many women are active leaders and some may be combatants.
A gender perspective has to be integrated throughout the investigation, beginning with
the gathering of contextual information to understand fully how cultural, social, religious,
legal and economic issues affect men and women, and how this could be related to the
mandate of the investigation.
It is also essential that investigations should not focus only on civil and political rights.
Erosion or removal of social and economic rights during crises has a particularly negative
impact on women and can be linked intricately, even if not explicitly, to the concerns that
a commission/mission is mandated to address.
64
“Report of the commission of inquiry on human rights in the Democratic People’s Republic of Korea” (A/HRC/25/63), para. 22.
65
A/HRC/12/48, para. 171.
66
“Report of the international fact-finding mission to investigate violations of international law, including international
humanitarian and human rights law, resulting from the Israeli attacks on the flotilla of ships carrying humanitarian assistance”
(A/HRC/15/21), para. 24.
67
“Report of the International Commission of Inquiry on Libya” (A/HRC/19/68), para. 6.
GUIDANCE AND PRACTICE
63
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