Seek out the name of the leader at the highest level possible. Recall that the
investigation must show his or her “effective control” over the group. Questions
to elicit this are, for example, “Were orders always followed?” “What if someone
didn’t follow an order, what would happen?” “How were the orders passed on?”
“Were there different ranks in the NSA – i.e., was it a hierarchy with multiple
levels, or was there just one commander while everyone else was a ‘soldier’?”
“Was the commander usually present?”
5. APs among civilian authorities
Recall that we are also interested in the involvement of (civilian) political leaders in
human rights and international humanitarian law violations. Please try to collect
information on local authorities’ responsibility (governors, political party officials,
community leaders).
To prove their responsibility for crimes – where the civilian leader is not a direct
perpetrator – collect information that shows the individual “knew, or consciously
disregarded information” about the misdeeds of their subordinates. Quotations
from such leaders that demonstrate such knowledge are especially helpful. Ask
interviewees what sources of information the (civilian) leader normally relied on.
Ask also the “effective control” questions relevant to military leaders, above.
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