When sufficient information exists to show that each of the above elements crossed
the selected evidentiary threshold, the investigative body can identify the individual
commander as being responsible. The same analysis could be done for other
individuals in the unit under different modes of liability, for example those who may
have assisted in the attack, or, under the doctrine of “command responsibility”, the
superiors of this commander.
Standards of proof are an important mechanism for ensuring legal consistency
across the entirety of the investigative body’s findings.
C. Investigations
The increase in mandates calling for the identification of individuals has ushered in
changes in investigative approaches.
• Violation and crime-base information is joined by “linkage” information, tying a
hierarchy’s upper tiers to the violations and crimes of the rank and file.
• Individuals are added to States as the focus of investigation.
• International criminal law is increasingly the legal basis, alongside international
human rights law and international humanitarian law.
• Some investigative bodies are dedicating staff specifically to the task of identifying
responsible individuals.
As the variables in investigations are enormous and the fundamental aspects have
been covered elsewhere, this guidance is limited to investigative methodology and
policy that is specific to the identification of individuals, with a particular focus on
how it should be adapted for the type and level of individuals being investigated.
1. Investigation planning
Planning the investigation is an integral part of the entire investigation cycle,78 and
the means and methods of identifying individuals must be well thought through and
integrated into the broader planning.79 Irrespective of whether a list or dossiers of
See also OHCHR Manual on Human Rights Investigations (forthcoming), chapter 4, “Investigation
Planning”. For a visual representation of the human rights investigations process, see Guidance and
Practice, p. 36.
79
The design of investigation plans is covered in Guidance and Practice, p. 38. Annex I to this text contains
excerpts from a model investigation plan showing portions relevant to the identification of responsible
individuals.
78
40
ATTRIBUTING INDIVIDUAL RESPONSIBILITY
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