regional human rights courts26 to support factual and legal positions or to trigger
investigations. Human rights field presences, within the scope of their “fight against
impunity” and “accountability” mandates, regularly share information with judicial
authorities, in particular when supporting those investigations. National courts
exercising either domestic or universal jurisdiction may be proceeding against
individuals, or investigating incidents, identified from such investigation reports.
The “International, Impartial and Independent Mechanism on international crimes
committed in the Syrian Arab Republic” has been set up to, inter alia, “prepare files
to facilitate and expedite fair and independent criminal proceedings ... in national,
regional or international courts”, doing so “in close cooperation with” the Syria CoI.27
Other countries are prosecuting international crimes based on information from such
investigations. In response to one of the many requests for assistance it received, the
Syria CoI provided information that assisted a domestic court in determining at what
point hostilities had crossed over into a non-international armed conflict.
Information of a confidential nature (including interview notes) created by human
rights investigative bodies is not normally used in court directly. Rather, its use is
most commonly to provide “lead information” to help a party undertake its own
investigation. Materials may also help prove contextual points or resolve jurisdictional
questions, or may be used in scoping or “mapping” activities undertaken by parties.
As set out in more detail below (see “How to get the most from the information”),
should any party seek to use such documents or information, human rights
investigative bodies must carefully weigh protection concerns for all those involved.
3. Sanctions lists
Particularly where accountability in a judicial framework is unlikely, restrictive
measures may be imposed on individuals identified during an investigation. For
example, an investigative body may choose to recommend the imposition of such
measures to United Nations bodies.
For example the European Court of Human Rights in L.M. and others v. Russia (2015) cited three
paragraphs of CoI Syria’s eighth report to support its finding that a violation of the right to life and the
right to be free from torture would be violated by expelling asylum applicants back to Syria. See also a
similar case from the same period: A.H. and J.K. v. Cyprus, Applications nos. 41903/10 and 41911/10,
European Court of Human Rights, 21 July 2015, para. 121.
27
General Assembly resolution 71/248, (11 January 2017), para. 4. Its other main task is to collect,
consolidate, preserve and analyse evidence of violations. Ibid.
26
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ATTRIBUTING INDIVIDUAL RESPONSIBILITY
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