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may be in international tribunals or domestic courts or “hybrid” courts that have both national
and international elements. Prosecutions focus on individual perpetrators, while trial monitoring
focuses on the institutional structures in the legal system. Both use records extensively.
20. Investigations and prosecutions use whatever documentary materials are pertinent to the
matter being investigated: records of Government (especially records of the military and the
police and security services, overt or covert); records of non-governmental and international
organizations; records of churches and businesses, banks, schools, hospitals and morgues; copies
of radio and television broadcasts; records of Government-owned media. They use all physical
types of records: paper, electronic, photographic, mapping and satellite imagery and databases.
21. When determining whether an international crime has been committed requires
establishing the existence of a policy or pattern of systematic violations, understanding the flow
of information to or from the leaders, whether they are army generals, presidents, or leaders of
rebel groups, is crucial. This requires a serious analysis of the records of the highest levels of the
institution; the registers of documents sent and received can be especially useful, as are reports
from subordinate units to headquarters.
22. Prosecutors may obtain records from NGOs, international organizations and church groups
who were present in the region when the crimes occurred. Pertinent records created by these
institutions may include, for example, regular reports back to the entity’s headquarters,
interviews with persons they are assisting, and correspondence with the local authorities as the
organizations struggle to get permission to bring in or ship out goods, aid workers, or refugees.
Because many aid organizations have substantial experience in working in countries in crisis,
their records providing an on-the-scene neutral point of view on events may have special
probative value.
Truth-seeking and the right to know
23. Research on the fate of missing persons can include searching through records,
interviewing people, exhuming burial sites and conducting DNA tests. NGOs often support or
lead the demand to know the fate of the disappeared, and some transitional Governments
establish a special body to resolve cases of disappearance. Just as individuals search for
information on themselves or others, the wider public seeks an answer to what happened within
the society as a whole. During the last quarter of the twentieth century, one of the most popular
vehicles for seeking societal truths has been the truth commission. The updated Set of Principles
declares that “[a]ll persons shall be entitled to know whether their name appears in State
archives” (ibid., principle 17 (b)).
24. Truth commissions are not bound by the formal rules of evidence required by a
prosecution, and so they use a broader range of records than any other transitional justice
institution. Records of Government (especially military, police, security services, civil registries,
land records, courts and prosecutor records), records of NGOs, radio and television broadcasts,
records of international organizations and personal papers have all been used by a truth
commission. Most truth commissions take extensive oral testimonies whose records can help
substantiate, expand upon or disprove allegations of human rights violations.
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