affect men and women differently. Depending on the source and type of information, the
commission/mission will have to determine who has the information and what method will
be used to collect it.
(a) Victims and witnesses
The testimony of victims and witnesses constitutes the most valuable information
available to the investigation. Apart from those who experienced the events firsthand, there may also be other observers of situations who could provide important
information, including local officials, staff of United Nations and international
agencies, United Nations peacekeepers, diplomats, refugees and displaced
persons, community and religious leaders. These observers may be able to provide
information about the context in which the incident under investigation occurred and
what events preceded and followed it. They may also be able to provide information
to corroborate the testimony of victims and witnesses.
(b) Alleged perpetrators
Alleged perpetrators could be a rich source of insider information that is often difficult
to access. Considerable information is provided publicly by alleged perpetrators who
often use the media as a propaganda tool, boasting about their achievements. In some
instances, alleged perpetrators may be willing to disclose information about violations
committed by others in their groups because they disagree with such actions or to
divert attention from themselves. Alleged perpetrators may also be willing to provide
information on the hierarchy and command structure of the entities involved in the
violations, and may be able to provide documents or other materials (for example,
video) to corroborate their stories.
The International Commission of Inquiry on Libya
interviewed several senior officials of the Qhadafi
regime in custody who provided information on specific
incidents, the different entities in the security forces and
their command structures. Some also corroborated
information gathered from victims and witnesses.
Investigators should be cautious about accepting at face value anything that an
alleged perpetrator says and, similar to information provided by others, should find
other sources to corroborate the information. Additionally, they should be cautious
about the person misleading the investigation and diverting attention away from the
incidents being investigated.
GUIDANCE AND PRACTICE
43
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