An investigator from the Commission of Inquiry on Burundi sets up a meeting with refugees
in Mulongwe camp, in the DRC. UN / OHCHR Photo / Uta Simon
2. Criminal prosecution
Depending in large measure on the circumstances of the crimes and violations
recorded, information collected during human rights investigations may facilitate
criminal prosecutions. In Côte d’Ivoire,21 Kenya,22 Guinea,23 Darfur24 and Libya,25
for example, CoI information was used at the International Criminal Court and in
Decision Pursuant to Article 15 of the Rome Statute on the Authorization of an Investigation into the
Situation in the Republic of Côte d’Ivoire, https://www.icc-cpi.int/iccdocs/doc/doc1268605.pdf. p. 16,
note 44.
22
Decision Pursuant to Article 15 of the Rome Statute on the Authorization of an Investigation into the
Situation in the Republic of Kenya: https://www.icc-cpi.int/iccdocs/doc/doc854562.pdf. Multiple citations
in the text refer to both the OHCHR FFM report and the so-called “Waki Report” from a Commission of
Inquiry undertaken pursuant to an agreement negotiated by Kofi Annan.
23
The Office of the Prosecutor, “Report on Preliminary Examination activities”, 13 December 2011, para. 114.
24
International Criminal Court (ICC), Press Release, “ICC – The Prosecutor of the ICC opens investigation
in Darfur,” ICC-OTP-0606-104, 6 June 2005.
25
Situation in Libya, in the Case of the Prosecutor v. Saif al-Islam Gaddafi and Abdullah Al-Senussi,
Corrigendum of public redacted version of ICC-01/11-01/11-166, with Public Annex A and Explanatory
Note, Observations on behalf of victims on the Government of Libya’s Application pursuant to art. 19 of
the Rome Statute, para. 41.
21
WHETHER TO IDENTIFY INDIVIDUALS
19
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