the country or the area where the incidents under investigation took place, and
intimidating victims, possible witnesses and sources of information to prevent them
from cooperating with the investigators. To overcome these challenges, for example, in
the operation of the OHCHR Fact-finding Mission to the Syrian Arab Republic (2011),
the United Nations Fact-finding Mission on the Gaza Conflict (2009) and its follow-up
expert committees, these bodies resorted to visiting neighbouring countries to meet
persons who may have first-hand information on the events under investigation, inviting
witnesses and victims to testify outside their country, relying more heavily on official
statements and material in the public domain, as well as on informal contacts with
individuals able to relay official positions. Lack of cooperation from the authorities
has not prevented investigations and fact-finding from taking place nor commissions/
missions from reaching conclusions.
E. Methodological tools
It will be beneficial for the commission/mission to develop a number of methodological
tools to assist its investigation, analysis and report writing. For instance:
• Applicable legal framework: A crucial document to be prepared at the beginning
of the work of the commission/mission is the analysis of the applicable legal
framework and obligations under international human rights and humanitarian law,
and international criminal law if applicable.
• Timeline of events relevant to the situation under investigation.
• Actor mapping: Mapping of key national and international actors relevant to
the issue(s) under inquiry, and of links/dynamics relevant to understanding the
issue(s) and recommending solutions. A visual representation of key actors and
their relationships could be developed from the preliminary information gathered
and then improved and further developed as the investigation progresses.
• Government/opposition structures: Mapping of military/police/government
structures and structure of opposition forces (political leadership, armed groups,
decision-making, chain of command, etc.).
• Guidelines and protocols for members, staff, consultants and interpreters on
protecting information and confidentiality: These should cover the handling of all
types of information, verbal, written and electronic, including safe transmission and
disposal, and at all locations where the commission/mission will operate.
• Interviewing guidelines and questionnaires: These will ensure consistency in the
information gathered by the different investigators. It is useful to develop or adapt
GUIDANCE AND PRACTICE
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