B. Target audience
Members and staff of United Nations-mandated investigations, including CoIs,
FFMs and similar, must be aware of the processes involved, the ramifications
for individuals or units identified, and the options and alternatives for the use of
information concerning individuals allegedly responsible for serious violations of
human rights and international humanitarian law. OHCHR field presences with a
monitoring mandate face similar issues, while all human rights officers (HROs) in
possession of such information must be cognizant of the implications not only for the
persons identified, but also for witnesses and victims and their families – who may
have contributed to the investigation’s ability to make the identification and may
have remained in places of risk – as well as other persons who may be impacted.8
Member States of United Nations bodies that confer mandates should also
understand fully the positive and negative implications, potential uses and limits
– also in cost/benefit terms – of identifying alleged perpetrators of violations
and crimes.
Finally, non-United Nations-mandated human rights investigations face similar
issues with respect to the collection, analysis and use of investigation materials
concerning individuals. For example, non-governmental organizations, national
human rights institutions, national commissions of inquiry and an increasing
number of regional organizations, such as those under African Union auspices, are
conducting investigations in which individuals may be identified.9
Nowhere is the “do no harm” principle more salient than when directly implicating individuals. Victims,
witnesses and investigators have faced reprisals and threats of reprisals.
9
The procedural and substantive legal regimes of such investigations may differ significantly from those
treated here, for example as regards the power to issue subpoenas, so the guidance here may be
inapplicable in some areas.
8
INTRODUCTION AND BACKGROUND
13
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