Practical recommendations on how to document major international crimes such war crimes and crimes against humanity have been released today by Eurojust and the Office of the Prosecutor at the International Criminal Court (ICC).
As a result, civil society organisations that work to gather and preserve information in support of investigations and prosecutions at the national level or before the ICC will be strengthened as well as supported. The Guidelines for Civil Society Organisations on documentation of International Crimes and Human Rights Violations were developed with the help of the Office of the Prosecutor at the ICC, Eurojust, the Genocide Network, civil society organisations, state prosecutors, and international partners with the goal of assisting in the fight against impunity.
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ICC Prosecutor, Mr. Karim A.A. Khan KC expressed:
“Civil society organisations are critical partners in our common goal to achieve accountability for international crimes. Now more than ever we must work together to strengthen our common work towards justice. Through this publication, we also seek to highlight how we can work together more effectively to protect the most vulnerable when engaging in documentation efforts. This is particularly important in situations involving crimes against children or victims of sexual abuse. It is my hope this document can serve as a basis for deepening this dialogue together.”
While Mr. Ladislav Hamran, President of Eurojust stated:
“With the war in Ukraine, peace and justice are under the most severe pressure, and accountability for core international crimes and violations of human rights is more than ever essential for international criminal justice. These guidelines will be a key building block in efforts of authorities and civil society organisations to collect and preserve information and evidence that may become admissible in court. With this joint effort of Eurojust and the Office of the Prosecutor at the ICC we provide practical assistance to get justice done.”
How do these guidelines help?
This document responds to demands for clearer guidance on efficient documentation strategies that might support litigation before national and international courts made by numerous organisations. Importantly, when participating in documentation efforts, these rules aim to protect the most vulnerable. Particularly, they stress the need to avoid doing many interviews with one individual. This may jeopardise not only their health and safety but also their willingness to testify in support of accountability procedures. The guidelines provide guidance on important subjects, such as:
- contacting susceptible individuals,
- collecting their account, photographs, and videos,
- dealing with documents, digital information and tangible items,
- storing, protecting, and analysing gathered data.
For further assistance in its usage, the guidelines contain a checklist outlining the main ideas and doable actions so that their application in the field is made easier. The guidelines are meant to be a live tool that will be progressively enhanced as collective experience evolves over time. The ICC also invites civil society organisations to provide inputs and questions on the same.
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