The United Nations-run Office on Missing Persons and Forensics searches for war missing in Serbia
and Montenegro at a cave near the village of Volujak. UN Photo / Afrim Hajrullahu
Despite this, undertaking the identification of responsible individuals depends
only in part on the mandate. Even when a mandate includes phrases such as “to
combat impunity” or “to ensure accountability”, or where it is altogether silent
on the issue, there is nevertheless a duty to record, and to safeguard for future
use, information on those believed to bear responsibility.18 This holds true also
where the investigation has decided not to identify individuals either publicly
or confidentially. Proper investigative methodology demands that information
collected is recorded and secured. Moreover, a renewed mandate might call for
such identification, and ultimately, when the day of accountability comes, such
information should be retrievable.
18
Mandate interpretation notwithstanding, every CoI/FFM should properly record and safeguard the
information it has on individuals, particularly high-ranking ones or those who appear repeatedly as
alleged perpetrators, regardless of rank. OHCHR field presences, for example, may identify individuals
as far as capacity permits, not least to build a body of information that can inform the Human Rights Due
Diligence Policy, screening, etc.
WHETHER TO IDENTIFY INDIVIDUALS
17
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents