A. Objectives and scope
United Nations Commissions of Inquiry (CoIs), Fact-Finding Missions (FFMs) and
similar complex human rights investigations1 are regularly, and with increasing
frequency, called upon to “identify those responsible” for violations and crimes falling
within their mandate. Since 2011 the mandates of half of all such investigations have
included some form of identification: nine included direct requests, while a further
eight mandates sought “to clarify responsibility” or “to ensure accountability”.2
More recently, the Independent, Impartial International Mechanism on Syria3 was
specifically mandated to build dossiers on individuals believed to be responsible
for international crimes. In light of the ongoing battle against impunity, the trend
appears set to continue.
Yet identifying responsible parties poses complex legal and methodological
challenges. Should human rights investigative bodies publicly identify those
responsible, i.e., name them individually in the report? What of the right to
a presumption of innocence? Or is it sufficient to identify a party, group or
organizational unit as responsible? Should the investigation identify only those “most
responsible”, or all alleged perpetrators? If not naming publicly, what purpose does
the identification fulfil? May a CoI share its information on individuals it believes to
be responsible? If so, with whom, when and under what circumstances?
Many of these questions must be answered early in the life of an investigation,
as they impact on methodology and resource allocation. Identifying responsible
individuals requires the investigative body to be properly staffed, to have sufficient
time, and to make a number of important policy and methodological choices.
Despite variations in mandate language, applicable legal regimes, political context,
membership, timing and budgets, the practice of CoIs, FFMs and similar complex
investigations is developing in this area. Methods are taking shape and approaches
The words “investigation” and “investigative body” are used throughout this text to denote United Nationsmandated CoIs, FFMs, Panels of Experts and similar bodies that have a human rights investigative mandate
emanating from a United Nations entity, including investigations under OHCHR mandates undertaken
from headquarters or by its field presences.
2
For example, Human Rights Council resolution 34/22 of 24 March 2017 created an independent
international fact-finding mission for Myanmar “… with a view to ensuring full accountability for
perpetrators ...”. The nine investigations with direct requests to identify perpetrators are: Côte d’Ivoire
(2011), Libya (2011), Syria (2011-2018), Central African Republic (2014), Gaza (2014), Burundi (2015
and 2016), South Sudan (2016) and Yemen (2017).
3
Established in 2017 by General Assembly resolution 71/248.
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ATTRIBUTING INDIVIDUAL RESPONSIBILITY