• Revelation strengthens the findings overall by demonstrating the specificity
that the investigation has achieved;
• The revelation can feed directly into truth seeking or other accountability
mechanisms, such as vetting or sanctions (see above, section 2 B, “To
what end?”);
Context-specific
• The mandating body may have wanted individuals to be identified and
publicly named;
• The names may already be in the public domain;
• The individual may have since died;
• The evidence against the individual may be so strong as to remove any
doubt as to their responsibility;145
• There may be no other foreseeable possibility of accountability for the
alleged perpetrators, making the report the most authoritative account on
responsibility for the violations and crimes;
• The individual may already have been charged or convicted of conduct
relating to that found during the investigation;146 or
• The alleged perpetrator may be in a prominent leadership position such
as head of State or prime minister; or may be implicated by being the
sole person representing an institution or entity identified as responsible
for violations.147
In these circumstances issues concerning security, due process and the presumption
of innocence decrease, although they do not disappear.
For example, see the “Report of the UNJHRO on serious human rights violations committed by members of
the Congolese defence and security forces in Kinshasa in the Democratic Republic of the Congo between
26 November and 25 December 2011”, para. 33 (named commander was in the public domain),
http://www.ohchr.org/Documents/Countries/CD/ReportDRC_26Nov_25Dec2011_en.pdf.
146
See for example “Final report of the FFMs of the UNJHRO into the mass rapes and other human rights
violations committed by a coalition of armed groups along the Kibua-Mpofi axis in Walikale territory,
North Kivu, from 30 July to 2 August 2010”, para. 44 (available at http://www.ohchr.org/Documents/
Countries/CD/BCNUDHRapportViolsMassifsKibuaMpofi_en.pdf) (named individuals were indicted). See
also DRC Mapping Report, para. 104 (“However, the identities of perpetrators under warrant of arrest
and those already sentenced for crimes listed in the report have been disclosed.”).
147
For example when the Eritrea and Democratic People’s Republic of Korea CoIs identified “the President”
and “the Supreme Leader”, respectively.
145
86
ATTRIBUTING INDIVIDUAL RESPONSIBILITY
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