Background United Nations mandated commissions of inquiry and fact-finding missions (hereinafter commissions/missions) are increasingly being used to respond to situations of serious violations of international humanitarian law and international human rights law, whether protracted or resulting from sudden events, and to promote accountability for such violations and counter impunity. These international investigative bodies have been established by the Security Council,1 the General Assembly,2 the Human Rights Council,3 its predecessor, the Commission on Human Rights,4 the Secretary-General5 and the High Commissioner for Human Rights.6 Over the past 20 years, many commissions/missions have been established to assess some of the most serious situations of human rights and humanitarian law violations across the world: in the former Yugoslavia,7 Darfur,8 Timor-Leste,9 Lebanon10 and Guinea,11 and the most recent international human rights investigations in Côte d’Ivoire,12 Libya,13 2 1 For example, the Commission of Experts on the former Yugoslavia (1992-1994), established by Security Council resolution 780 (1992) of 6 October 1992, and the International Commission of Inquiry on Darfur (2004), established pursuant to Security Council resolution 1564 (2004) of 18 September 2004. 2 For example, the General Assembly, by resolution 52/135 of 12 December 1997, set up the Group of Experts for Cambodia to examine requests for assistance in responding to past serious violations. 3 For example, the International Commission of Inquiry on the Libyan Arab Jamahiriya (2011-2012), established by Human Rights Council resolution S-15/1 of 25 February 2011. 4 For example, the International Commission of Inquiry on East Timor set up in 1999 by Commission on Human Rights resolution 1999/S-4/1 of 27 September 1999 to look into post-consultation violence. 5 For example, the Secretary-General established in 2000 the International Commission of Inquiry for Togo to look into allegations of extrajudicial killings in 1998 raised in an Amnesty International report, following a request by the Government of Togo to the Secretary-General of the United Nations and the Secretary-General of the Organization of Africa Unity. In 2010, he set up the Panel of Experts on Accountability in Sri Lanka to advise him on “the modalities, applicable international standards and comparative experience relevant to the fulfilment of the joint commitment to an accountability process, having regard to the nature and scope of alleged violations.” Although the Panel of Experts was advisory in nature and not a commission of inquiry or fact-finding mission, it has been included in this publication, as many lessons can be learned from its work. 6 For example, in 2005, the High Commissioner dispatched a fact-finding mission on events in Andijan, Uzbekistan, and in 2008 an OHCHR fact-finding mission was sent to look into post-electoral violence in Kenya. At its twentieth session, the Human Rights Council requested the High Commissioner to monitor the situation in northern Mali and to report to the Council (resolution 20/17 of 6 July 2012) and the High Commissioner sent a fact-finding mission to Mali and neighbouring countries and presented a report to the Council at its twenty-second session (A/HRC/22/33). 7 Commission of Experts on the former Yugoslavia, see note 1. 8 International Commission of Inquiry on Darfur (2004), established by Security Council resolution 1564 (2004). 9 Independent Special Commission of Inquiry for Timor-Leste (2006), established by the Secretary-General. 10 Commission of Inquiry on Lebanon (2006), established by Human Rights Council resolution S-2/1 of 11 August 2006. 11 International Commission of Inquiry on Guinea (2009), established by the Secretary-General on 28 October 2009 (S/2009/556). 12 Independent International Commission of Inquiry on Côte d’Ivoire (2011), established by Human Rights Council resolution 16/25 of 25 March 2011. 13 See note 3. COMMISSIONS OF INQUIRY AND FACT-FINDING MISSIONS ON INTERNATIONAL HUMAN RIGHTS AND HUMANITARIAN LAW