· Save in exceptional circumstances, do not publish a name together with an
allegation of responsibility unless the named individual has been afforded the
opportunity to respond;
· Where feasible, identify implicated individuals and build the dossiers
simultaneously with the analysis of the violations and crimes that are to be
reported publicly;
· Be clear as to the role of the individual, whether directly responsible, involved
in planning or soliciting, or in a leadership/superior position with “command
responsibility”;
· Prepare dossiers in the expectation that their contents may be shared confidentially
with selected recipients. When a dossier or some portion thereof is shared, a
record must be kept of the request, the response, and details of the information
shared;
· Include sufficient information to associate the named individual with the violations
and crimes for which they are alleged to be responsible. However, no sensitive
information – such as that which could identify a source – may be included in the
shared materials;
· At the close of the mandate of independent bodies, be aware that OHCHR takes
custody of the dossiers and related materials, and safeguards them in line with
United Nations policy;175
· Set out in the report, or in materials handed over to OHCHR, as appropriate, any
departures from standard methodology or other unique features of the collection,
identification or determinations relating to individual responsibility;
· When information on identified individuals is to be kept confidential, do not divulge
the number identified nor the percentage of such of individuals in the different
parties to a conflict. Other information concerning the content, such as the type of
information included and the methodology followed, should be divulged;
· To ensure the guidance survives over time, consider making recommendations
in the report itself on how to use the materials collected; the recommendations
should be principle-based rather than detailed, given that they cannot account
For OHCHR field presences, the dossiers remain within OHCHR.
175
DOSSIERS ON RESPONSIBLE INDIVIDUALS
105
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