In recent years international commissions of inquiry (‘commissions’) have been drawn into the realm of individual responsibility under international law. This is vividly illustrated by the Human Rights Council’s recent request that the International Commission of Inquiry on Syria investigate events in Aleppo to:
“identify all those for whom there are reasonable grounds to believe that they are responsible for alleged violations and abuses of international human rights law, to support efforts to ensure that perpetrators… are held accountable”.
Similar mandates have been awarded to several other UN inquiries, including on Darfur, Guinea, Libya and the Central African Republic. In practice, most commissions identified suspected individuals confidentially. Exceptionally, the commissions on Guinea and Timor-Leste published names in their public reports.
Making findings of (alleged) individual responsibility is a relatively novel development in the fact-finding context. It reflects an idea that human rights are best protected when individuals are held to account for their acts. But it stands in a certain tension to the quasi/non-judicial nature of these bodies. Similar issues have been considered in relation to truth commissions. Yet the inquiry context poses different challenges. Commissions are not intended to replace criminal trials or function as truth commissions ‘lite’; rather, they may recommend such accountability mechanisms as follow-up. Commissions also face very practical challenges in terms of time pressures, resource limitations and, increasingly, a lack of access to the territories of concerned states, all of which can impede their investigations.
The move towards the identification of individuals is part of a certain trend towards the criminalisation of international inquiry. In this post, we would like to investigate to what extent this is helpful. We discuss some normative and methodological questions arising from individualised accountability and proposes some possible ways forward. Read the rest of this entry…