Foreword
I am very pleased to present the updated edition of Commissions of Inquiry and Fact-finding
Missions on International Human Rights and Humanitarian Law: Guidance and Practice.
This publication captures the experience of United Nations international commissions of
inquiry and fact-finding missions, and the Office of the United Nations High Commissioner
for Human Rights (OHCHR) in supporting them, over the past two decades. It presents the
principles, policies, practices and methodologies that guide their work.
International commissions of inquiry and fact-finding missions are now a key tool in the
United Nations response to situations of violations of international human rights law and
international humanitarian law, including international crimes. They are established with
mounting frequency by the United Nations Security Council, the General Assembly, the
Human Rights Council, the Secretary-General and the High Commissioner for Human
Rights, to address violations in a growing variety of contexts. Regional organizations have
also set up commissions and similar bodies.
Commissions of inquiry and fact-finding missions have proved to be valuable in countering
impunity by promoting accountability for such violations. They gather and verify information,
create an historical record of events, and provide a basis for further investigations. They
also recommend measures to redress violations, provide justice and reparation to victims,
and hold perpetrators to account. They deserve to be fully supported, including by
receiving the cooperation they require from States, and to be adequately resourced.
The United Nations has acquired vast experience in this area. To date, my Office has
supported the work of, or itself fielded, close to 50 international commissions of inquiry
and fact-finding missions. My Office serves as the repository of institutional memory in
this field and maintains a standing capacity to provide operational, legal, analytical and
methodological support to these bodies.
A degree of flexibility has helped commissions of inquiry and fact-finding missions to
address a variety of situations. So while there is no single format for the constitution and
functioning of all such bodies, the methodological tenets that guide all fact-finding and
investigations on human rights and international humanitarian law, as developed based
on relevant norms, standards and principles, provide a common thread across the various
models, and ensure the production of sound analysis, reports and recommendations.
The approaches outlined in this publication are well tested. The publication has also
benefited from the feedback of members and staff of commissions and missions during
GUIDANCE AND PRACTICE
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