2. The investigation process Once the investigation plan is in place, information collection begins in earnest. Various resources exist within OHCHR covering the methodology and good practices in investigations per se. For example, the mechanics of interviewing sources is covered in depth in OHCHR’s Manual on Human Rights Monitoring.105 The same manual covers “informed consent” and “source protection”, among other fundamental issues. As elsewhere, this section therefore addresses areas of investigation specific to the identification of responsible individuals, setting out the minimum requirements together with further measures to be taken if time and resources permit. (a) Practices for ensuring a range of perpetrators Identifying responsible individuals entails the risk that investigators may become too narrowly focused. Circumstances may dictate, for example, that the easiest witnesses to reach point to crimes by only one party, or that the most accessible areas to investigate relate only to a certain type of violation. Violation- or crimebased evidence may be more accessible than linkage evidence. While it is not necessarily the case that “all parties commit crimes”, that they are being perpetrated everywhere, or that the leadership is responsible, a thorough investigation explores leads and information that will reveal events across all relevant areas and relating to a broad range of potential individuals. When time and resources allow, good practices in this area include: • Assigning an investigator to a particular party (or parties) to the conflict with responsibility to map the structures in that party and/or identify responsible individuals;106 • Ensuring that the full geographical area of the conflict or country is covered. Areas where there are fewer publicized violations could mean a more repressive environment, or that fewer refugees/IDPs managed to flee the area, rather than fewer violations occurring. Investigators may consider phoning/electronic communication (with due consideration for security and protection) for areas that are physically unreachable, or where access has not been provided; • Seeking out defectors or insiders from different parties; See OHCHR Manual on Human Rights Monitoring, chapter 11, “Interviewing”. This is not to suggest that this is the only task undertaken by the investigator. Also, the practice may be less relevant in non-conflict scenarios. Assigning an investigator to specific branches or agencies of the government or to a non-state actor or elements of it might nevertheless help to ensure that the investigation casts a broad net. 105 106 58 ATTRIBUTING INDIVIDUAL RESPONSIBILITY