PROTOCOLS & GUIDELINES
Pursuing Justice for mass atrocities – A Handbook for Victim’s Groups
The handbook titled "Pursuing Justice for Mass Atrocities: A Handbook for Victim's Groups" by Sarah McIntosh, produced by the United States Holocaust Memorial Museum's Simon-Skjodt Center for the Prevention of Genocide, aims to assist victim groups and those working with them to develop long-term strategies for seeking justice for mass atrocities. Drawing lessons from the Holocaust, which the Museum emphasizes could have been prevented with timely action against warning signs, the handbook intends to foster global efforts to prevent, halt, and ensure accountability for contemporary acts of genocide and related crimes against humanity. It underscores the importance of supporting victims and survivors in their quest for justice, recognizing the deep harm and trauma inflicted upon them.
The handbook covers a comprehensive range of topics essential for understanding and pursuing justice for mass atrocities, including foundational concepts of justice, the use of transitional justice measures, generating support from key actors, and confronting practical challenges in the pursuit of justice. It provides insights into various aspects such as reparations, memorialization, truth commissions, the search for missing persons, public apologies, reconciliation, and the role of victim groups in these processes.
This educational resource encapsulates strategies and examples of challenges and successes in advancing justice, highlighting the significant role of victim groups. It serves as a practical guide, replete with templates, checklists, and key resources, to empower survivors and victims of genocide and related crimes against humanity in their pursuit of accountability. Reflecting the Museum’s commitment to genocide prevention and justice promotion, the handbook represents a vital contribution to strengthening efforts towards these ends globally.
Basic Investigative Standards for International Crimes
The "Basic Investigative Standards for International Crimes" document, produced in August 2019 by Global Rights Compliance (GRC), establishes key principles and international standards for the collection, preservation, and handling of evidence related to international crimes. Intended for both professional and non-professional practitioners, including human rights defenders, lawyers, journalists, and civil society documenters, these standards are based largely on the protocols of the International Criminal Court (ICC), promoting the adoption of widely accepted methods for investigating and prosecuting international crimes.
The document emphasizes the importance of ethical conduct, professionalism, and safety in investigations, outlining a comprehensive approach that includes preparation, risk assessment, evidence collection, and analysis. It delineates specific guidelines for dealing with various types of evidence—physical, documentary, digital, and testimonial—while stressing the importance of a victim-centered approach that respects the rights and well-being of victims and witnesses.
Key aspects covered include the need for informed consent, confidentiality, protection of witnesses, and the maintenance of a chain of custody for evidence to ensure its integrity and admissibility in legal proceedings. The standards also highlight the critical role of impartiality and objectivity in gathering and interpreting evidence, ensuring that investigations contribute effectively to accountability and justice for victims of international crimes.
The document serves as a practical guide for ensuring that information collected can be utilized as reliable evidence in national or international trials or accountability mechanisms, including the ICC. It acknowledges the challenges faced in conflict-affected regions or situations where the rule of law is compromised and offers a pathway for non-expert practitioners to conduct necessary investigations responsibly and effectively.
Handbook on Civil Society Documentation of Serious Human Rights Violations
The "Handbook on Civil Society Documentation of Serious Human Rights Violations" is an essential guide for civil society organizations (CSOs) and non-professionally trained individuals engaging in the documentation and investigation of serious human rights abuses. Developed by the Public International Law & Policy Group (PILPG), this comprehensive resource aims to equip non-experts with the necessary guidelines and best practices to document human rights violations ethically, safely, and effectively, particularly when professional investigators are not available.
The handbook emphasizes the importance of a victim-centered approach, ensuring that the documentation process does no harm to the victims, witnesses, or the integrity of the information collected. It covers key principles such as informed consent, confidentiality, and the need to minimize the risk of re-traumatization during the documentation process. Special attention is given to the ethical considerations involved in interviewing victims and witnesses, including children and survivors of sexual and gender-based violence.
Additionally, the handbook provides detailed guidance on planning and preparing for documentation efforts, conducting risk assessments, implementing security measures, and ensuring the trustworthiness of those involved in the documentation process. It highlights the significance of managing expectations and preserving the chain of custody for the information gathered to maintain its integrity and potential evidentiary value.
This resource also offers practical tools, such as informed consent and chain of custody forms, and recommends the use of technology to assist in documenting human rights violations. By assembling a series of guidelines and best practices, the handbook aims to enhance the quality of information collected by civil society actors and expand its utility in legal proceedings and accountability mechanisms, contributing to justice and reparation for victims of human rights abuses.
Documenting international crimes and human rights violations for accountability purposes: Guidelines for civil society organisations
This document provides comprehensive guidelines for civil society organizations (CSOs) on documenting international crimes and human rights violations for accountability purposes, amidst increasing global efforts to address such crimes. Drafted jointly by Eurojust, the EU's agency for criminal justice cooperation, and the Office of the Prosecutor of the International Criminal Court, it responds to the urgent need for coordinated action in the face of international atrocities, as exemplified by the situation in Ukraine. It emphasizes the critical role of CSOs in documenting crimes and human rights abuses, offering key principles to ensure the integrity of information and evidence for use in national and international accountability mechanisms.
The guidelines outline a strategic approach to documentation, covering planning, risk assessment, engaging with vulnerable populations, and ensuring informed consent. They detail best practices for interviewing, collecting physical evidence, and handling digital information, with a focus on safeguarding the well-being of victims and witnesses while maintaining the confidentiality and security of evidence. The document also addresses the challenges of online investigations and the analysis of collected information.
With templates for informed consent and chain of custody, checklists, and key resources, the guidelines serve as a practical tool for CSOs. They stress the importance of objectivity, impartiality, and professionalism in documentation efforts, aiming to enhance the effectiveness of CSOs in contributing to accountability for international crimes and human rights violations. The guidelines are envisioned as a living document, open to further refinement based on ongoing collaboration between CSOs, Eurojust, and the International Criminal Court.
Framework of Analysis for Atrocity Crimes: A tool for prevention
The "Framework of Analysis for Atrocity Crimes: A Tool for Prevention" document is a comprehensive guide developed by the United Nations, designed to assist in the identification and prevention of atrocity crimes, including genocide, war crimes, crimes against humanity, and ethnic cleansing. This framework offers an in-depth analysis of risk factors and indicators that signal the potential for such crimes, enabling governments, international organizations, and civil society to take timely and effective preventive actions.
The document outlines fourteen common and specific risk factors associated with atrocity crimes, ranging from situations of armed conflict or instability to indicators of intent to commit genocide or systematic attacks against civilian populations. Each risk factor is accompanied by detailed indicators that provide guidance on what to look for when assessing the risk of atrocity crimes occurring. These indicators cover a wide range of conditions and behaviors, including but not limited to political instability, patterns of discrimination, capacity to commit crimes, and signs of intent to destroy protected groups.
Additionally, the framework emphasizes the importance of recognizing enabling circumstances or preparatory actions that could facilitate the commission of atrocity crimes. Triggering factors that might exacerbate existing conditions or spark the onset of such crimes are also highlighted, underscoring the dynamic and complex nature of atrocity crime prevention.
By providing a structured approach to analyzing the risk of atrocity crimes, the Framework aims to enhance the capacity of various stakeholders to identify early warning signs and implement preventive measures. It serves as a valuable resource for fostering a proactive and informed response to the threat of atrocity crimes, contributing to the broader goal of protecting vulnerable populations and promoting peace and security on a global scale.
Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
The "Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment" is a comprehensive international guideline designed to systematically document torture and ill-treatment. Endorsed by the United Nations, it aims to facilitate the effective investigation and documentation of such abuses to hold perpetrators accountable and to provide justice and reparation to victims. The protocol outlines legal and ethical frameworks, stressing the importance of meticulous documentation as a critical step towards combating impunity for torture.
The manual is divided into several key sections, starting with a detailed overview of the relevant international legal norms and standards. It elaborates on the ethical codes applicable to legal and health professionals involved in documenting cases of torture. The protocol specifies methods for conducting legal investigations, including principles for effective documentation and investigation, as well as detailed guidelines for interviewing victims and witnesses of torture and ill-treatment.
A significant portion of the manual is dedicated to the collection of physical and psychological evidence, outlining procedures for medical examinations and the assessment of psychological impacts on victims. This section underscores the critical role of health professionals in identifying signs of torture and providing care to survivors. Additionally, the protocol addresses the challenges faced by professionals in documenting torture and offers practical solutions to overcome these obstacles.
The Istanbul Protocol serves as an essential tool for human rights defenders, legal practitioners, and medical professionals worldwide. It not only guides the thorough documentation and reporting of torture cases but also emphasizes the need for a multidisciplinary approach to ensure comprehensive support for survivors, aiming ultimately to prevent torture and promote accountability and human rights.
The Bournemouth Protocol on Mass Grave Protection and Investigation
The "Bournemouth Protocol on Mass Grave Protection and Investigation" is a vital document aimed at setting global standards for the ethical, legal, and technical aspects of protecting and investigating mass graves resulting from conflicts and human rights violations. Developed through collaborative efforts involving experts across various disciplines, it addresses the pressing need for a unified approach to ensure the dignified handling of human remains while upholding the rights of victims' families and supporting justice and accountability measures.
The protocol underscores the importance of safeguarding mass graves from interference, ensuring accurate documentation, and conducting thorough investigations. It highlights the legal obligations of states under international law to investigate human rights abuses, emphasizing the rights of victims and their families to truth, justice, and reparations. The document provides comprehensive guidelines on discovering, reporting, protecting, and investigating mass graves, including the identification of victims, the return of remains, and the broader implications for justice and reconciliation.
Key principles such as transparency, impartiality, and the protection of witnesses and investigators are central to the protocol, which also considers the challenges posed by environmental factors, security concerns, and the need for interdisciplinary cooperation. By offering detailed procedures and ethical guidelines, the Bournemouth Protocol aims to enhance the effectiveness of investigations into mass atrocities, facilitate the identification and repatriation of remains, and ultimately contribute to the global fight against impunity for serious crimes.
The Minnesota Protocol on the Investigation of Potentially Unlawful Death
The "Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016)" serves as a revised and comprehensive manual endorsed by the United Nations, aimed at guiding the effective investigation and documentation of extra-legal, arbitrary, and summary executions. This document, which updates the original protocol widely known as the Minnesota Protocol from 1991, supplements the UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary, and Summary Executions established in 1989. It addresses the need for clear international standards to guide investigations into suspicious deaths, emphasizing the invaluable role of forensic practitioners in protecting human rights.
The protocol outlines the obligations of states to conduct thorough, impartial, and effective investigations into all potentially unlawful deaths to uphold the right to life and ensure accountability for perpetrators. It covers a broad scope, including deaths caused by state agents or those attributable to the state, deaths occurring in custody, and deaths where the state failed to protect individuals. The document emphasizes the importance of prompt, effective, independent, and transparent investigations, detailing the legal framework, professional ethics, and procedural guidelines essential for conducting these investigations.
In addition to outlining the investigative process, the protocol provides detailed guidelines on various aspects such as crime scene investigation, interviews, autopsies, and the analysis of skeletal remains. It also includes annexes with useful resources like anatomical sketches and forms for documenting case details. The protocol stresses the rights of victims' families to information and participation in the investigation process and highlights the need for protection and support for both victims' families and investigators.
The Minnesota Protocol aims to standardize the approach to investigating potentially unlawful deaths globally, offering a tool for states, international organizations, and civil society to enhance accountability, prevent impunity, and ensure justice for victims of extrajudicial killings and enforced disappearances.
IICI guidelines on remote interviewing
The "IICI Guidelines on Remote Interviewing," developed by the Institute for International Criminal Investigations in August 2021, provide a comprehensive framework for conducting remote investigative interviews related to international crimes or serious human rights violations. These guidelines cater to situations where in-person interviews are not feasible due to restrictions like travel limitations, security concerns, or the need to leverage advancements in technology. Recognizing the potential risks associated with remote interviewing, such as psychological harm to witnesses, security risks, and the possibility of compromised evidence quality, the guidelines propose rigorous standards to mitigate these risks effectively.
Key recommendations include considering remote interviews only when absolutely necessary and ensuring they are conducted within a robust legal and procedural framework that prioritizes the safety, security, and rights of witnesses. Remote interviews are particularly discouraged for witnesses in unsafe conditions, those with privacy or confidentiality concerns, and victims or witnesses of traumatic events. When remote interviews are deemed necessary, they must be conducted via high-quality video calls by experienced interviewers, supported by well-assessed, reliable on-ground assistance.
The guidelines emphasize the importance of thorough planning, including a comprehensive threat and risk assessment, and highlight the need for specific considerations related to technology and infrastructure to ensure the secure and effective conduct of interviews. Additionally, the document addresses the challenges of working with intermediaries, selecting appropriate venues, managing technology, and ensuring the security and welfare of all involved parties, including staff and consultants.
By outlining these detailed principles and requirements, the IICI Guidelines aim to ensure that remote interviews, when unavoidable, are conducted in a manner that is ethical, secure, and respectful of the rights and well-being of witnesses, while still contributing valuable information to investigations of grave crimes and human rights abuses.
Mendez Principles - New Principles on Effective Interviewing for Investigations and Information Gathering
The "Principles on Effective Interviewing for Investigations and Information Gathering" document, adopted in May 2021, presents a comprehensive framework developed by a Steering Committee of Experts, with the support of various human rights organizations, to enhance interviewing practices for investigations while ensuring the protection of human rights. It addresses the necessity for transitioning from coercive and accusatory interrogation methods to rapport-based, non-coercive interviewing techniques that prioritize human dignity and the legal rights of interviewees. The Principles are grounded in a robust body of scientific research, international legal standards, and professional ethics, demonstrating that rapport-based interviewing not only respects human rights but is also more effective in eliciting accurate and reliable information.
The document highlights the importance of a holistic approach to interviewing that encompasses all stages of the process, from preparation to conclusion, and stresses the significance of legal safeguards to prevent mistreatment and ensure the integrity of the information obtained. It details specific practices for creating a non-coercive environment, establishing rapport, and conducting interviews in a manner that avoids inducing stress or trauma in interviewees, which can impair memory and lead to unreliable information.
Furthermore, the Principles advocate for specialized training and continuous professional development for interviewers, emphasizing the need for accountability within institutions to uphold high ethical standards and legal compliance. They also underscore the necessity of implementing these Principles through national measures to foster a culture of ethical interviewing that both protects human rights and enhances the effectiveness of investigations and intelligence gathering.
Trauma-Informed Investigations Field Guide
The "Trauma-Informed Investigations Field Guide," produced by the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh (UNITAD) in collaboration with the Human Rights in Trauma Mental Health Program at Stanford University, offers a comprehensive approach to conducting interviews and investigations in settings impacted by severe trauma. This guide underscores the pervasive effects of trauma on witnesses of mass atrocities and emphasizes the necessity of integrating trauma-informed practices into all stages of the investigative process to protect the well-being of survivors while collecting accurate and reliable information.
Structured into several key parts, the guide begins with an introduction to trauma psychology, explaining how trauma affects memory, behavior, and the ability to recount experiences. It then delves into the specifics of conducting trauma-informed interviews, including detailed preparations, engaging with interviewees, and ensuring their safety and comfort throughout the process. Special attention is given to interviewing techniques suitable for various vulnerable groups such as children, survivors of sexual and gender-based violence, and other populations at increased risk of re-traumatization.
A crucial aspect of the guide is its focus on the wellbeing of both interviewees and investigators, acknowledging the risk of vicarious trauma among professionals exposed to traumatic narratives. It provides strategies for mitigating these risks, including establishing a supportive and respectful interview environment, employing non-leading questions, and ensuring that interviews do not exacerbate the trauma of survivors.
Additionally, the guide addresses the logistical and ethical considerations of remote interviewing, a method that has become increasingly relevant in the context of global challenges like the COVID-19 pandemic. This includes ensuring privacy, security, and the voluntariness of participation, along with providing necessary psychological support remotely.
The "Trauma-Informed Investigations Field Guide" serves as a vital resource for investigators, highlighting the importance of a compassionate, survivor-centered approach to documentation and evidence collection in settings of conflict and mass violence. It advocates for practices that respect the dignity and rights of survivors, contributing to the broader goals of accountability, justice, and healing in the aftermath of atrocities.
Video as Evidence Field Guide
The "Video as Evidence Field Guide" is a comprehensive resource created by WITNESS, aimed at empowering activists, lawyers, and citizen journalists to use video effectively and ethically in human rights documentation and advocacy. It addresses the intersection of video technology and legal standards, providing practical guidance on how to capture, store, and share video evidence that can hold up in legal processes. The guide is structured into sections that cover the law, basic practices of handling video evidence, filming for evidence with a focus on legal admissibility, and ethical considerations in sharing and using eyewitness video for reporting and advocacy.
Key components of the guide include understanding the legal context where video evidence can be impactful, detailed advice on preparing to film, recommendations on recording techniques that enhance the evidentiary value of footage, and guidelines for the safe and secure storage and sharing of video content. It emphasizes the importance of considering the rights and dignity of those filmed, ensuring informed consent, and maintaining the integrity of video evidence throughout its lifecycle.
Additionally, the guide offers insights into verifying eyewitness video, applying ethical guidelines in human rights reporting and advocacy, and utilizing tech tools for secure file transfers. Mini-guides for field use and a list of acknowledgments, thanking contributors and supporting organizations, are also provided. This valuable resource aims to enhance the capacity of individuals and organizations to use video as a powerful tool for justice and accountability in the face of human rights abuses.
Crime Scene and Physical Evidence Awareness for NonForensic Personnel
The "Crime Scene and Physical Evidence Awareness for Non-Forensic Personnel" guide, developed by the United Nations Office on Drugs and Crime (UNODC), is tailored to first responders and non-forensic professionals. It aims to raise awareness about the significance of crime scenes and the preservation, documentation, and analysis of physical evidence. The guide emphasizes that every incident leaves traces that serve as silent evidence, underscoring the reliability and objectivity that physical evidence brings to criminal investigations, which can outperform other sources of information like eyewitness accounts due to its factual nature.
The document is structured into two main parts: the first part covers the value of physical evidence, legal, ethical, and human dignity considerations, along with health and safety considerations. The second part delves into practical aspects such as planning, organization, preservation, documentation, recognition, recovery, preservation of physical evidence, and its transportation and storage.
Key to this guide is the introduction of basic yet crucial principles applicable across various types of crime scenes. These principles include the chain-of-custody concept, ensuring evidence integrity, and the importance of actions taken by first responders. The guide advocates for the meticulous handling and interpretation of physical evidence to avoid undermining its value.
Furthermore, an annex provides examples of types of physical evidence that could be present at crime scenes, such as biological materials, digital devices, and other objects, highlighting their potential evidential value and the types of information that forensic examinations can yield.
Designed as an introductory resource, the guide addresses the need for careful and informed handling of crime scenes and evidence by individuals without extensive forensic training, emphasizing the pivotal role of first responders in preserving the integrity of the investigation process and contributing to the administration of justice.
Berkeley Protocol on digital open source investigations
The "Berkeley Protocol on Digital Open Source Investigations" serves as a comprehensive guide for utilizing digital open source information in the investigation of international crimes, human rights, and humanitarian law violations. Co-published by the United Nations Office of the High Commissioner for Human Rights (OHCHR) and the Human Rights Center at the University of California, Berkeley School of Law, the document aims to standardize the methodologies, ethical considerations, and legal frameworks associated with digital open source investigations.
This protocol outlines professional, methodological, and ethical principles essential for investigators, emphasizing accountability, competency, objectivity, legality, and security awareness. It stresses the importance of conducting investigations that are legal, accurate, preserve digital evidence, and adhere to security by design and data minimization principles to ensure the integrity and reliability of collected data.
Moreover, the document addresses the complex legal landscape that governs these investigations, highlighting the need for adherence to public international law, respect for privacy and data protection rights, and the significance of establishing a clear chain of custody for digital evidence to be admissible in legal proceedings. It emphasizes the mosaic effect, where aggregating publicly available data could inadvertently compromise individuals' privacy, underscoring the need for cautious and responsible handling of data.
The protocol also provides guidance on the security aspects of online investigations, recommending minimum standards and security assessments to protect investigators and the integrity of their work. Preparation for investigations is detailed, covering digital threat and risk assessments, planning, resilience, and the selection of appropriate data policies and tools.
By establishing a robust framework for digital open source investigations, the Berkeley Protocol aims to enhance the efficacy and ethical standards of investigations into international crimes and human rights violations, ensuring that digital evidence can effectively contribute to accountability and justice processes.
Electronic evidence – A basic guide for First Responders
The "Electronic Evidence – A Basic Guide for First Responders" document, produced by the European Union Agency for Network and Information Security (ENISA), serves as an essential primer for first responders, particularly those associated with Computer Emergency Response Teams (CERTs), on the fundamentals of identifying, securing, and handling electronic evidence during the initial stages of cybercrime incidents. Recognizing the boundary-less nature of cybersecurity threats and cyber-attacks, the guide emphasizes the need for seamless cooperation between CERTs and law enforcement agencies to enhance the efficiency of cybercrime investigation and prosecution.
This guide is part of ENISA's broader effort to bridge the gap between CERTs and law enforcement, focusing on the critical role of first responders in preserving digital evidence which is pivotal for the legal process. It does not aim to provide an exhaustive procedural manual but rather seeks to instill the foundational principles of evidence gathering, raising pertinent questions that first responders should consider before embarking on evidence collection activities.
The document outlines various aspects of electronic evidence gathering, including the nature and sources of electronic evidence, fundamental principles guiding evidence collection, preparatory steps before arriving at a crime scene, and the practical execution of evidence seizure and documentation. Key emphasis is placed on maintaining the integrity and authenticity of digital evidence, documenting a clear chain of custody, ensuring specialist support when necessary, providing appropriate training for first responders, and strictly adhering to legal frameworks governing the handling of electronic evidence.
In addition to providing theoretical knowledge, the guide offers practical tools and commands for Windows and Linux systems that can be instrumental for first responders in securing and analyzing digital evidence. It also stresses the importance of effective communication with law enforcement agencies and adherence to legal requirements to ensure that the evidence gathered can withstand judicial scrutiny.
By equipping CERT first responders with the knowledge and tools outlined in this guide, ENISA aims to enhance the capacity of CERTs to support law enforcement in the fight against cybercrime, ensuring that electronic evidence is handled in a manner that maximizes its utility in legal proceedings while safeguarding the rights and privacy of individuals involved.
The Hague Principles on Sexual Violence
The Hague Principles on Sexual Violence represent a collective endeavor by over 60 civil society organizations and consultations with more than 500 survivors of sexual violence. This initiative sought to bring the experiences and voices of survivors to the forefront of discussions on how to effectively address and understand sexual violence. The document is structured to provide a multifaceted approach to understanding, investigating, and legislating on sexual violence. It consists of three main components:
1. The Civil Society Declaration on Sexual Violence: This section provides general guidance on recognizing the nuances of sexual violence, emphasizing the importance of understanding sexual violence from the perspectives of survivors. It aims to enhance comprehension of what constitutes an act of sexual violence, offering a survivor-centric, inclusive, and contextually relevant overview.
2. International Criminal Law Guidelines on Sexual Violence: Aimed at practitioners of international criminal law, this tool elucidates when acts of sexual violence, as identified in the Civil Society Declaration, amount to international crimes. It serves as a practical guide for the prosecution of these acts within the framework of international criminal law, offering insights into the material, subjective, and contextual elements essential for legal proceedings.
3. Key Principles for Policy Makers on Sexual Violence: This section outlines ten key principles derived from the Civil Society Declaration. It is designed to guide policymakers in integrating these principles into policy development, legislative strategies, and legal and judicial procedures. The goal is to foster a comprehensive and effective approach to combating sexual violence through informed policy and legislative action.
Overall, The Hague Principles on Sexual Violence emphasize the need for a nuanced understanding of sexual violence, the incorporation of survivors' perspectives into legal and policy frameworks, and the establishment of effective strategies for prevention, accountability, and support for survivors. By focusing on a broad and inclusive definition of sexual violence, the document seeks to ensure that policies and legal measures are responsive to the complexities of survivors' experiences and the multifaceted nature of sexual violence.
International Protocol on the Documentation and Investigation of Sexual Violence in Conflict
The "International Protocol on the Documentation and Investigation of Sexual Violence in Conflict" serves as an indispensable tool for collecting, documenting, and analyzing evidence of sexual violence in conflict situations. Developed to promote accountability for such crimes, the Protocol outlines best practices for documenting sexual violence as violations of international law, including war crimes, crimes against humanity, acts of genocide, and other serious offenses. It is designed for a broad audience of practitioners, including NGOs, civil society groups, national authorities, human rights monitors, and international investigators.
The Protocol is structured into several key parts, each addressing different aspects of documenting and investigating sexual violence:
1. Understanding Sexual Violence: It contextualizes sexual violence within the dynamics of conflict, exploring its impact, prevalence, motivations behind it, and the challenges in reporting such crimes. It emphasizes the need to understand sexual violence as a form of gender-based violence and outlines various forms it can take, from rape to forced nudity, and the wide range of victims it affects.
2. Sexual Violence under International Law: This section provides an overview of how sexual violence constitutes violations and crimes under international law, detailing accountability avenues, individual and state responsibility, and reparations. It aims to enhance practitioners' understanding of legal frameworks to support victims effectively.
3. Documentation in Practice: Focusing on preparation, the Protocol details the essential steps for planning and executing the documentation process. It covers principles of "do no harm," informed consent, safety and security measures, and highlights the significance of gathering various types of evidence, from testimonial to physical.
4. Gathering Information: The Protocol guides practitioners through conducting interviews, managing and handling evidence, and emphasizes the importance of a trauma-informed approach to support victims' well-being.
5. Analysing Evidence and Information: It provides strategies for organizing, evaluating, and strengthening evidence, including identifying patterns of violations to build a comprehensive understanding of sexual violence in specific contexts.
6. Special Considerations: Dedicated sections on trauma, interviewing children, and addressing sexual violence against men and boys underscore the need for specialized approaches in documenting such sensitive and complex issues.
The Protocol underscores the multifaceted nature of sexual violence in conflict, advocating for a survivor-centered approach that respects victims' dignity and rights while striving for justice and accountability. It aims to empower practitioners with the knowledge and skills to document sexual violence effectively, ensuring their work contributes to the broader goals of preventing sexual violence, supporting survivors, and holding perpetrators accountable.
Cooperation between Civil Society Actors and Judicial Mechanisms in the Prosecution of Conflict-Related Sexual Violence: Guiding Principles and Recommendations
The document "Cooperation between Civil Society Actors and Judicial Mechanisms in the Prosecution of Conflict-Related Sexual Violence: Guiding Principles and Recommendations" by Ellie Smith, Farah Mahmood, and Josephine Ndagire, produced under the auspices of the International Nuremberg Principles Academy, addresses the critical need for effective collaboration between civil society actors (CSAs) and judicial mechanisms to investigate and prosecute sexual violence in conflict settings. Recognizing the unique position and potential of CSAs in bridging the gap between survivors, communities, and the courts, the document outlines a framework to enhance this cooperation, aiming to overcome the challenges and maximize the impact of joint efforts in prosecuting such crimes.
The guidelines underscore the importance of a safe, ethical, and respectful approach to gathering evidence and supporting survivors, advocating for principles like safety, non-harm, confidentiality, and inclusivity in the collaboration process. They highlight various stages of cooperation, from pre-investigation advocacy and legal reform efforts to ensuring gender-sensitive practices and establishing formal, structured relationships between CSAs and courts.
Through practical examples and recommendations, the document emphasizes strategic litigation, the significance of lobbying for gender-sensitive policies, and the need for clear communication and formal agreements to define the scope, roles, and expectations in the cooperative relationship. It also addresses security concerns for CSAs and staff, stressing the importance of protective measures and risk management to safeguard all parties involved in documenting and prosecuting conflict-related sexual violence.
This comprehensive framework aims to guide CSAs and judicial mechanisms in building effective partnerships, enhancing the prosecution of sexual violence crimes, and ultimately contributing to justice for survivors and accountability for perpetrators.
Guidelines for investigating conflict-related sexual and gender-based violence against men and boys
The "Guidelines for Investigating Conflict-Related Sexual and Gender-Based Violence Against Men and Boys" produced by the Institute for International Criminal Investigations in February 2016, are designed to equip investigators, human rights reporters, and monitors globally with the necessary guidelines to effectively document and investigate sexual and gender-based violence (SGBV) against men and boys in conflict situations. Recognizing the urgent need to address the underreported, under-documented, and under-acknowledged violations against male victims, these guidelines aim to contribute to a better understanding, prevention, accountability, and redress for such violations, which may amount to war crimes, crimes against humanity, genocide, and other egregious violations of international law.
The guidelines are intended to supplement existing investigative frameworks by integrating awareness and sensitivity towards SGBV against men and boys at all stages of investigations. They outline comprehensive principles covering the entire investigative process, from preliminary research and planning to interviewing techniques, medical and forensic investigations, and the handling of evidence. Key emphasis is placed on respecting and protecting the rights, dignity, and privacy of victims and witnesses, employing a victim-centered approach, and ensuring the safety and confidentiality of collected information.
Moreover, the document highlights the need for capacity building and awareness-raising among investigators and other relevant staff, promoting gender-inclusive language, and addressing the unique challenges and needs of male victims, including those related to physiological responses and societal stigmas associated with SGBV. The guidelines also address the composition and functioning of investigation teams, the importance of threat and risk assessments, referral avenues for victim support, and the principles for effective interviewing, with specific considerations for the sensitivities and complexities involved in cases of SGBV against men and boys.
By addressing the gaps in current investigative practices and offering detailed guidance on addressing SGBV against men and boys, these guidelines aim to ensure comprehensive and effective investigations that contribute to accountability and justice for victims, while promoting a greater understanding and acknowledgment of the prevalence and impact of such violations in conflict settings.
Global Code of Conduct for Gathering and Using Information about Systematic and Conflict-Related Sexual Violence - The Murad Code
The "Global Code of Conduct for Gathering and Using Information about Systematic and Conflict-Related Sexual Violence," known as The Murad Code, is a voluntary guideline aiming to standardize the ethical, safe, and effective collection and utilization of information regarding victims or survivors of sexual violence in conflict and systematic abuses. It is designed for a wide range of stakeholders including human rights investigators, journalists, legal and healthcare professionals, and organizations engaged in documenting, investigating, or reporting on such abuses.
Rooted in international human rights principles, the Code emphasizes the rights of survivors to dignity, privacy, health, security, justice, truth, and remedy. It sets universal standards to ensure a survivor-centered approach in gathering and using information related to sexual violence. The Code outlines specific principles across various stages of information collection and usage, focusing on understanding survivors as individuals, respecting their control and autonomy, and adhering to high standards of responsibility and integrity.
Critical aspects of the Code include the emphasis on preparation before information gathering, ensuring added value to the efforts of survivors’ welfare, and a rigorous evaluation of risks and ethical considerations. It encourages gathering information from alternative sources to alleviate the burden on survivors and minimize risks of harm. The Code also details the need for comprehensive preparation, contextual understanding, competency building, and the implementation of ethical practices in engaging with survivors.
Developed through a global consultative process involving survivors, the Code advocates for collaborative efforts to uphold survivors’ rights and choices, stressing the importance of nothing about survivors without their active involvement. The Murad Code represents a significant effort to guide the responsible collection and use of sensitive information, ensuring that such activities do not retraumatize survivors but instead contribute to their healing and the pursuit of justice.
Best Practices Manual for Investigation and Prosecution of Sexual Violence Crimes in Post-Conflict Regions
The "Best Practices Manual for Investigation and Prosecution of Sexual Violence Crimes in Post-Conflict Regions: Lessons Learned from the Office of the Prosecutor for the International Criminal Tribunal for Rwanda" is a comprehensive guide designed to enhance the investigation and prosecution of sexual violence crimes in post-conflict settings. Drawing on two decades of experience from the International Criminal Tribunal for Rwanda (ICTR), the manual encapsulates invaluable insights and practical recommendations for effectively addressing sexual violence as a grave international crime.
The manual emphasizes the need for a global strategy that integrates the investigation and prosecution of sexual violence into broader efforts to address international crimes, highlighting the importance of senior management in ensuring resources, training, and direction for staff. It advocates for an integrated approach, diversity and gender parity in teams, and underscores the significance of managing victim and witness safety, offering counseling and medical treatment.
Structured around the key stages of the judicial process, including the investigation phase, pre-trial and trial phase, and appeal and post-trial phase, the manual provides detailed guidelines on implementing an integrated approach, collecting evidence, preparing for interviews, and managing the trial process. It addresses the unique challenges of documenting sexual violence, linking higher-level accused to crimes, and the necessity of ensuring victim and witness protection throughout the process.
The manual also stresses the importance of continuous professional development for investigators and prosecutors, the inclusion of diverse and gender-balanced teams, and the establishment of a comprehensive system for managing the safety and well-being of victims and witnesses. By capturing lessons learned and offering concrete recommendations, the manual serves as a pivotal resource for national and international stakeholders involved in the prosecution of sexual violence crimes in post-conflict regions, aiming to close the impunity gap and deliver justice for victims.
Ethical and safety recommendations for researching, documenting and monitoring sexual violence in emergencies
The "Ethical and Safety Recommendations for Researching, Documenting, and Monitoring Sexual Violence in Emergencies" document, produced by the World Health Organization (WHO), offers essential guidelines for conducting research on sexual violence in humanitarian crisis situations. It underscores the complex ethical and safety challenges inherent in documenting sexual violence during emergencies, such as armed conflicts or natural disasters, and provides a structured approach to address these challenges effectively.
Recognizing the sensitive nature of sexual violence and the potential risks involved in documenting such incidents, the document stresses the importance of ensuring that the benefits of research outweigh the risks to participants. It outlines principles to safeguard participants' welfare, including ensuring their confidentiality, obtaining informed consent, and providing appropriate support services.
The guidelines emphasize a methodological approach that minimizes risks to respondents, is grounded in good practice, and builds upon current experience. It highlights the need for specialized training and ongoing support for all individuals involved in data collection, underscoring the significance of carefully selecting and preparing the research team.
Special considerations are given to interviewing survivors of sexual violence, including ensuring their safety, respecting their confidentiality, and obtaining informed consent in a manner that is sensitive to the context of the emergency. The document also addresses the challenges and additional safeguards required when involving children in research activities.
Overall, the WHO document serves as a crucial resource for researchers, humanitarian workers, and policymakers involved in the documentation and analysis of sexual violence in emergencies. It aims to guide ethical and safe research practices that respect the rights and dignity of survivors, contribute to a better understanding of sexual violence in crisis contexts, and ultimately support efforts to prevent such violence and respond effectively to the needs of survivors.
Investigating Women’s Rights Violations in Armed Conflicts
The "Investigating Women’s Rights Violations in Armed Conflicts" manual, published by Amnesty International and the International Centre for Human Rights and Democratic Development, serves as a critical resource for documenting and addressing the unique challenges women face during armed conflicts. Recognizing that women, as civilians, often bear the brunt of the consequences of war, the manual aims to equip human rights defenders with practical guidance on monitoring and documenting women’s rights abuses in such contexts.
The manual begins with an overview of the international legal frameworks relevant to armed conflicts, including international human rights law, international humanitarian law (IHL), and specific conventions aimed at protecting women and children. It addresses the challenges of identifying the nature of conflicts (international or non-international) and the implications for the application of different legal standards.
The document emphasizes the importance of understanding the gendered nature of armed conflict, where women are not only disproportionately affected as victims of violence, including sexual violence, but also play crucial roles that are often overlooked in post-conflict reconstruction efforts. It highlights the need for a gender-sensitive approach in documenting abuses, recognizing the specific vulnerabilities and strengths of women in conflict situations.
Furthermore, the manual provides detailed guidance on investigating various forms of violations against women, from sexual violence to the impact of war on women's social and economic rights. It underscores the significance of a survivor-centered approach that respects the dignity and autonomy of women affected by armed conflicts.
By offering methodological advice, legal frameworks, and practical tools for documentation, the manual aims to strengthen the capacity of activists, NGOs, and other stakeholders to effectively advocate for women's rights, hold perpetrators accountable, and contribute to the broader efforts of ensuring justice and reparations for victims of armed conflicts.
