• Revelation strengthens the findings overall by demonstrating the specificity that the investigation has achieved; • The revelation can feed directly into truth seeking or other accountability mechanisms, such as vetting or sanctions (see above, section 2 B, “To what end?”); Context-specific • The mandating body may have wanted individuals to be identified and publicly named; • The names may already be in the public domain; • The individual may have since died; • The evidence against the individual may be so strong as to remove any doubt as to their responsibility;145 • There may be no other foreseeable possibility of accountability for the alleged perpetrators, making the report the most authoritative account on responsibility for the violations and crimes; • The individual may already have been charged or convicted of conduct relating to that found during the investigation;146 or • The alleged perpetrator may be in a prominent leadership position such as head of State or prime minister; or may be implicated by being the sole person representing an institution or entity identified as responsible for violations.147 In these circumstances issues concerning security, due process and the presumption of innocence decrease, although they do not disappear. For example, see the “Report of the UNJHRO on serious human rights violations committed by members of the Congolese defence and security forces in Kinshasa in the Democratic Republic of the Congo between 26 November and 25 December 2011”, para. 33 (named commander was in the public domain), http://www.ohchr.org/Documents/Countries/CD/ReportDRC_26Nov_25Dec2011_en.pdf. 146 See for example “Final report of the FFMs of the UNJHRO into the mass rapes and other human rights violations committed by a coalition of armed groups along the Kibua-Mpofi axis in Walikale territory, North Kivu, from 30 July to 2 August 2010”, para. 44 (available at http://www.ohchr.org/Documents/ Countries/CD/BCNUDHRapportViolsMassifsKibuaMpofi_en.pdf) (named individuals were indicted). See also DRC Mapping Report, para. 104 (“However, the identities of perpetrators under warrant of arrest and those already sentenced for crimes listed in the report have been disclosed.”). 147 For example when the Eritrea and Democratic People’s Republic of Korea CoIs identified “the President” and “the Supreme Leader”, respectively. 145 86 ATTRIBUTING INDIVIDUAL RESPONSIBILITY

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