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. 9

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