• Seeking out relevant information on electronic media and social networking
sites;
• Generating assessments and then identifying those individuals for whom the
evidence meets the threshold (i.e., making the determination) by verifying
that all elements of the crime or violation alleged have met the standard
of proof.
Summary of key guidance
• Investigative bodies may attribute responsibility to individuals for crimes
or violations arising under the three main branches of international law
applicable in most contexts: international human rights law, international
humanitarian law and international criminal law;
• Individuals can be identified as “responsible” for violations and crimes,
whether in the criminal legal sense in or the administrative, civil, moral or
political sense;
• For international human rights law findings, the individual identified must
have been in a position to invoke the State’s responsibility under international
law (i.e., must be a State agent); while for de facto authorities and NSAs, the
individual must be similarly situated;
• Even in the absence of explicit language in an applicable international
human rights law treaty, the conduct of superiors and accomplices who may
be indirectly involved can and should be captured by the investigation;
• Investigative bodies should be transparent about the standard of proof
adopted (generally, “reasonable grounds”) and employ it consistently;
• When applying the standard of proof to crimes or violations, before making
a finding staff must ensure that each element reaches the threshold;
• For investigations involving armed conflict, the investigative body should have
specialists on staff with extensive knowledge of security force and armed
group structures, hierarchies, weaponry and strategies;
• Early in their mandate, investigative bodies should adopt a tool that facilitates
the creation of maps or organization charts of potentially responsible
individuals; they should populate it over the course of the investigation; and
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ATTRIBUTING INDIVIDUAL RESPONSIBILITY
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