for example, to discriminatory intent. All such information must be corroborated
to the same standards as other information, but the extent to which it emanates
from official (State) publications, which are normally separate from the hostilities
themselves, may add credibility.
It is equally important to recall that false and deliberately misleading information
is also rife on the internet. Parties to an armed conflict, and those that may support
them, are known to view cyberspace as an extension of the battlefield. They may
put into circulation photos, videos and narratives that are incomplete, altered, or
designed to mislead. While authenticating the source of such information can prove
difficult and may sometimes be impossible, it is incumbent upon the investigation
to explore countervailing narratives and otherwise to test the credibility of the
information and the reliability of the source. Different measures must be taken,
such as finding other sources of the information or tracing it back to the original
source and interviewing that person. Some investigative bodies have sought out
(digital) forensic expertise.108 The fact that such information is found on the web says
nothing, in and of itself, about its value.
(d) Professional media
Journalists and media outlets can also be valuable sources of information on individuals
who may have committed violations. Like HRDs, they are frequently close to the
communities they report on and can provide analysis of context and circumstances.
Depending on their “beat” they may also have knowledge of organizational structures,
hierarchies and the backgrounds of those wielding authority.
Investigators should be cautious when interacting with media. Not only is there
a risk that a journalist will report about the meeting, but the questions posed by
investigators may divulge the focus of an investigation. It may not be prudent to
allow journalists to draw conclusions as to the persons of interest. Staff should also
not assume the journalists’ reporting will be independent.
Special consideration should be given to journalists who have been embedded with
security forces under investigation. They may have excellent, first-hand information
that was collected with a degree of professional observation. The fact of their close
relationship to the party with whom they were embedded, however, could compromise
CoI Syria and the Sri Lanka investigation sought assistance from a forensic institute to ascertain the
authenticity of a collection of photographs and videos that had come into their possession.
108
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ATTRIBUTING INDIVIDUAL RESPONSIBILITY
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