A. Mandate
Accusing a person of violating human rights or of responsibility for crimes under
international law, in any context, is a serious matter. Pointing a finger at someone
in the context of an official United Nations investigation is even more so because
the accusation bears the emblem of the United Nations.10 Individuals are entitled to
a presumption of innocence as a fundamental human right. That notwithstanding,
mandating bodies have repeatedly requested investigative bodies to undertake
such identification as a weapon in the fight against impunity, and the mandated
investigations are complying.
The Democratic People’s Republic of Korea CoI, for example, was given a mandate:
To investigate the systematic, widespread and grave violations of human
rights ... with a view to ensuring full accountability, in particular where
these violations may amount to crimes against humanity ...
In fulfilling its mandate, the CoI recorded “the names of individuals who committed,
ordered, solicited or aided and abetted crimes against humanity”, though it did
not publish them.11 The report also listed the units and organizational structures
within the government that it found responsible for the various specific violations
committed.12
Mandates can also be explicit with respect to identifying individuals. For example,
the mandate for the 2016 Burundi CoI required it:
“To identify alleged perpetrators of human rights violations and abuses in
Burundi with a view to ensuring full accountability.”13
Although CoIs are independent, as are many similar United Nations-mandated investigations, their
reports belong to the United Nations. The adoption of a rigorous methodology protects not only the
individuals concerned, but also the CoI and the United Nations more broadly.
11
A/HRC/25/CRP.1, para. 1196. The report continues, “This was also done where the Commission could
ascertain the names of individuals who headed particular departments, prison camps or institutions
implicated in crimes against humanity. Relevant information has been safeguarded in the Commission’s
confidential database.”
12
A/HRC/25/63, paras. 11 and 24.
13
A/HRC/33/L.31, para. 23 (b).
10
WHETHER TO IDENTIFY INDIVIDUALS
15
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