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Commissions of Inquiry and Fact-Finding Missions on International Human Rights and Humanitarian Law Guidance and Practice

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Commissions of Inquiry and Fact-Finding Missions on International Human Rights and Humanitarian Law Guidance and Practice The Office of the United Nations High Commissioner for Human Rights COMMISSIONS OF INQUIRY AND (OHCHR) is mandated to promote and protect the enjoyment and full realization, by all people, of all rights established in international human rights FACT-FINDING MISSIONS ON law. It is guided in its work by the mandate provided by the General Assembly in resolution 48/141, the Charter of the United Nations, the Universal INTERNATIONAL HUMAN RIGHTS Declaration of Human Rights and subsequent human rights instruments, the • Vienna Declaration and Programme of Action of the 1993 World Conference AND HUMANITARIAN LAW on Human Rights, and the 2005 World Summit Outcome Document. The mandate includes preventing human rights violations, securing respect for all human rights, promoting international cooperation to protect human rights, coordinating related activities throughout the United Nations, and strengthening and streamlining United Nations human rights work. In addition to its mandated responsibilities, it leads efforts to integrate a human rights approach within all work carried out by the United Nations system. GUIDANCE AND PRACTICE Office of the United Nations High Commissioner for Human Rights (OHCHR) Palais des Nations CH-1211 Geneva 10 – Switzerland Telephone: +41 (0) 22 917 90 00 Fax: +41 (0) 22 917 90 08 www.ohchr.org COMMISSIONS OF INQUIRY AND FACT-FINDING MISSIONS ON INTERNATIONAL HUMAN RIGHTS AND HUMANITARIAN LAW GUIDANCE AND PRACTICE COMMISSIONS OF INQUIRY AND FACT-FINDING MISSIONS ON INTERNATIONAL HUMAN RIGHTS AND HUMANITARIAN LAW Guidance and Practice New York and Geneva, 2015 Note The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a figure indicates a reference to a United Nations document. © 2015 United Nations All worldwide rights reserved. HR/PUB/14/7 Cover image credits: Top row (left to right): UN Photo / Jean-Marc Ferré; UN Photo / Jean-Marc Ferré; and UN / OHCHR Photo. Bottom row (left to right): UN Photo / Jean-Marc Ferré; UN Photo / Mark Garten; and UN Photo / Jean-Marc Ferré. Contents Foreword ...................................................................................................v Introduction ................................................................................................ 1 I. ROLE OF INTERNATIONAL FACT-FINDING AND INVESTIGATION BODIES ............ 6 II. MANDATES ................................................................................................. 8 III. OPERATIONAL ASPECTS ............................................................................. 17 A. Selection and appointment of members ................................................... 18 B. The secretariat ..................................................................................... 22 C. Resources ............................................................................................ 28 D. Commencement of the commission’s/mission’s work ................................. 30 IV. METHODOLOGICAL ASPECTS ...................................................................... 32 A. Principles and standards ....................................................................... 33 B. Human rights investigations process ....................................................... 36 C. Gathering and assessing information ...................................................... 40 D. Access and cooperation ....................................................................... 64 E. Methodological tools ............................................................................ 65 F. Terms of reference ................................................................................ 67 G. Methods of work .................................................................................. 69 H. Rules of procedure ............................................................................... 69 I. Information management ..................................................................... 70 J. Protection of victims, witnesses, sources and other cooperating persons ...... 74 K. Public information and the media ........................................................... 82 V. REPORT AND RECOMMENDATIONS ............................................................. 88 A. Report ................................................................................................ 89 B. Recommendations ................................................................................ 94 VI. FOLLOW-UP ............................................................................................ 100 GUIDANCE AND PRACTICE III ANNEXES...................................................................................................... 105 I. International legal and methodological standards and instruments............ 106 II. Model standard rules of procedure for commissions of inquiry/fact-finding missions on violations of international human rights law and international humanitarian law ............................................................................... 108 III. International commissions of inquiry and fact-finding missions supported or deployed by OHCHR ..................................................................... 114 IV COMMISSIONS OF INQUIRY AND FACT-FINDING MISSIONS ON INTERNATIONAL HUMAN RIGHTS AND HUMANITARIAN LAW Foreword I am very pleased to present the updated edition of Commissions of Inquiry and Fact-finding Missions on International Human Rights and Humanitarian Law: Guidance and Practice. This publication captures the experience of United Nations international commissions of inquiry and fact-finding missions, and the Office of the United Nations High Commissioner for Human Rights (OHCHR) in supporting them, over the past two decades. It presents the principles, policies, practices and methodologies that guide their work. I nternational commissions of inquiry and fact-finding missions are now a key tool in the United Nations response to situations of violations of international human rights law and international humanitarian law, including international crimes. They are established with mounting frequency by the United Nations Security Council, the General Assembly, the Human Rights Council, the Secretary-General and the High Commissioner for Human Rights, to address violations in a growing variety of contexts. Regional organizations have also set up commissions and similar bodies. Commissions of inquiry and fact-finding missions have proved to be valuable in countering impunity by promoting accountability for such violations. They gather and verify information, create an historical record of events, and provide a basis for further investigations. They also recommend measures to redress violations, provide justice and reparation to victims, and hold perpetrators to account. They deserve to be fully supported, including by receiving the cooperation they require from States, and to be adequately resourced. The United Nations has acquired vast experience in this area. To date, my Office has supported the work of, or itself fielded, close to 50 international commissions of inquiry and fact-finding missions. My Office serves as the repository of institutional memory in this field and maintains a standing capacity to provide operational, legal, analytical and methodological support to these bodies. A degree of flexibility has helped commissions of inquiry and fact-finding missions to address a variety of situations. So while there is no single format for the constitution and functioning of all such bodies, the methodological tenets that guide all fact-finding and investigations on human rights and international humanitarian law, as developed based on relevant norms, standards and principles, provide a common thread across the various models, and ensure the production of sound analysis, reports and recommendations. The approaches outlined in this publication are well tested. The publication has also benefited from the feedback of members and staff of commissions and missions during GUIDANCE AND PRACTICE V lessons learned exercises and during meetings with experts reviewing the work of my Office in this area, as well as from the experience of my predecessors. Although it is primarily directed at those involved in establishing, supporting and resourcing such commissions and missions, I am confident that this publication will be of use to others seeking information and advice on these investigative bodies. Zeid Ra’ad Al Hussein United Nations High Commissioner for Human Rights VI COMMISSIONS OF INQUIRY AND FACT-FINDING MISSIONS ON INTERNATIONAL HUMAN RIGHTS AND HUMANITARIAN LAW Introduction A human rights officer walks over rubble and shattered concrete, after a night of shelling in the residential neighbourhood of Arada, Libya. UN / OHCHR Photo 1 Background United Nations mandated commissions of inquiry and fact-finding missions (hereinafter commissions/missions) are increasingly being used to respond to situations of serious violations of international humanitarian law and international human rights law, whether protracted or resulting from sudden events, and to promote accountability for such violations and counter
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