Other maps are also helpful, such as those detailing camps or places where
violations occurred. A detailed chronology of events that is linked to locations and to
individual units and command structures should be a priority for all investigations.
(c) “Linkage evidence”
So-called linkage evidence is information “linking” mid- and higher-level commanders
to the violations or crimes of their subordinates, in what may be referred to as “multilevel investigation” because it involves making a connection between the perpetrators
at ground level and those higher up the chain of command. It is relevant not only
for showing responsibility for international crimes, but also for demonstrating that
certain leaders acted as agents of human rights violations. For example, linkage
evidence can help prove that a particular decision maker ordered, or was otherwise
complicit in, unlawful surveillance, censorship or a discriminatory practice.
Understanding how to demonstrate these links is especially helpful when an
investigative body is confronted with complex political and military structures. Aside
from direct eyewitness and defector accounts, documentary linkage information
such as official records, military annual reports, official press releases, public
statements, websites and other publications or archives can be highly probative.
Written materials that tend to show the existence of hierarchies, and who within those
hierarchies wields de jure command, are also relevant – though again, de facto
rather than de jure control must ultimately be shown. Logistics and supply reports,
for example, can show when specific units were at specific places and that the
commander signing the papers probably knew they were there. The documentation
of patterns can show that specific sets of violations must have been ordered by
individuals at the top of the hierarchy. Particular challenges are posed in seeking
“linkage evidence” when investigating armed groups, as – especially early in an
armed conflict – their administrative procedures may often be less developed or
thorough. Other sources such as social media, defectors or detainees may prove
more valuable. Thinking through the various ways to secure linkage evidence should
be a core part of investigation planning.
48
ATTRIBUTING INDIVIDUAL RESPONSIBILITY
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