Further considerations
In addition to the above, when deciding whether to collect perpetrator information
proactively and, if collected, whether to share it and with whom, a number of
additional points warrant consideration. Many are common to all human rights
investigations, but are amplified when the focus is on particular individuals:
• The security conditions for the various sources, including the circumstances
prevailing in the country where a source resides, considered in light of the
“do no harm” principle;
• The intention of the mandating body;
• Victim expectations, often demanding the allocation of institutional and
individual responsibility;
• The resources available to the investigative body, including the expertise
of its staff, the time available, and its access to and cooperation of key
sources;
• The ability to secure information of sufficient quality to have the requisite
level of confidence in the findings;
• Whether any other entity is collecting information on responsible individuals,
and the impartiality, methodology and scope of that entity;
• Whether failing to collect such information represents a missed opportunity
to further individual accountability;
• The extent to which there is a coherent strategy on how the information will
be used;
• Whether the eventual recipient of the information will adhere sufficiently to
international human rights standards; whether the assurances with respect
to confidentiality (and the investigation’s undertakings to sources) can be
appropriately upheld by the recipient;41
• Whether sharing information will adversely impact the cooperation of sources
such as low- and mid-level defectors with insider knowledge;
• The possibility that the public may mobilize to press for accountability once
the responsible individuals are known; and
41
26
See “Assessing the recipient”, below.
ATTRIBUTING INDIVIDUAL RESPONSIBILITY
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents