A/HRC/25/59
conduct a prompt, independent and impartial fact-finding inquiry and to provide a detailed
public explanation of the results (para. 78). This obligation is triggered whenever there is a
plausible indication from any apparently reliable source that unintended civilian casualties
may have been sustained, including where the facts are unclear or the information is partial
or circumstantial (whether the attack was initiated by remotely piloted aircraft or other
means, and whether it occurred within or outside an area of active hostilities) (paras. 41–50,
78 and 80).14 In a modest extension of the approach adopted in the Turkel Commission
report,15 the Special Rapporteur concluded that the international human rights law principle
of transparency applies not only to those cases in which a full criminal investigation is
launched, but also to preliminary fact-finding inquiries. Subject to redactions on grounds of
legitimate national security, he recommended that a full explanation should be made public
in each case, and that this obligation ought to be viewed as an inherent part of a State’s
legal duties of accountability under international humanitarian law and international human
rights law.16
33.
The Special Rapporteur has adopted and applied this standard to a sample of
individual strikes in which remotely piloted aircraft are alleged to have been implicated in
the infliction of civilian casualties. Having considered the available sources, the Special
Rapporteur has identified 30 strikes (out of a total of 37 strikes initially brought to his
attention) in which there is a plausible indication that civilians were killed or sustained lifethreatening injuries, or in which civilian lives were put at immediate risk. With the
assistance of a team of researchers he has sifted the available evidence to determine
whether there is a plausible and credible allegation of civilian casualties, from apparently
reliable sources, such as to trigger the duties of investigation and transparency.
34.
The list below is intended to be illustrative rather than exhaustive. The criteria
adopted for including a strike in the list are: (a) that there is an allegation emanating from
an apparently reliable source, or from multiple independent sources, that civilians have
been killed, seriously injured or had their lives put at immediate risk in an operation in
which remotely piloted aircraft are alleged to have been involved; (b) that, in the absence of
any official public explanation from the State(s) responsible, the number and/or proportion
of civilians harmed arguably raises a reasonable suspicion that the action taken may have
been unlawful; and (c) that there is sufficient information to identify the location, the date
and approximate time of the incident. In those cases where it has not been possible to
identity the victim(s) and inquire into their backgrounds, the Special Rapporteur has
required other credible indications that the victims were, or included, civilians.
35.
It is important to emphasize that the mere existence of credible allegations that
civilians were killed or injured in these incidents does not necessarily establish any
violation of international humanitarian law or international human rights law. Still less does
it provide clear evidence of the commission of a war crime. Indeed, most of the relevant
evidence which could confirm or dispel such a suspicion remains in the exclusive
possession of the alleged perpetrator States. However, in each of the cases identified, the
Special Rapporteur has evaluated the available sources, looking for indicia of reliability,
14
15
16
Similarly, the European Parliament resolution on the use of armed drones of 25 February 2014 states
that, in the event of allegations of civilian deaths as a result of drone strikes, States are under the
obligation to conduct prompt, independent investigations and, if the allegations are proved correct, to
proceed to public attribution of responsibility, punishment of those responsible and provision of
access to redress, including payment of compensation to the families of victims.
See the Public Commission to Examine the Maritime Incident of 31 May 2010, Israel’s Mechanisms
for Examining and Investigating Complaints and Claims of Violations of the Laws of Armed Conflict
according to International Law: Second report — the Turkel Commission (2013). Available from
www.turkel-committee.gov.il/files/newDoc3/The%20Turkel%20Report%20for%20website.pdf.
Ibid. and A/68/389, para. 45.
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