A/HRC/27/56
prevalent crimes perpetrated during the 2012/13 crisis in the north of the country, including
crimes of sexual and gender-based violence.
87.
In States where national legislation has not been adjusted so as to comply with
international obligations to prosecute mass violations, and where the definition of the
crimes has not been incorporated into national law, prosecutors should try to pursue charges
that are as close as possible to international human rights standards, in line with respective
international obligations. Thus, where crimes against humanity and other international
crimes are not defined in domestic criminal codes, this should not prevent prosecutors from
addressing their systemic and massive nature.
C.
Capacities, institutions and resources
88.
An effective prioritization strategy requires capacities that most countries in a
transitional setting are unlikely to have. A novel strategy that concentrates on the massive
and systemic nature of violations and the identification of patterns and that targets nodes in
networks of systemic crimes requires a change in practice and investigative techniques. The
required skills need not only to be developed, but also husbanded and promoted. Given the
complexity of prosecutions for serious international crimes, a good number of countries
have established specialized units or bodies.45
89.
There is no single institutional form that can be replicated from one context to
another independently of local circumstances, needs and resources. The range of
alternatives is broad: from (relatively) stand-alone institutions (Germany, Poland) to
specialized units of different types within prosecutorial institutions (Argentina, Chile,
Colombia, Côte d’Ivoire) with mandates of different scope. The basic function of such
bodies is to strengthen the specialized know-how required for successfully and efficiently
prosecuting complex cases. Until now, the aim of capturing and redressing massive
violations has only been adequately understood — or dealt with — in very rare instances.
90.
In order for these specialized bodies or coordination mechanisms to be effective,
they need to be provided with adequate human resources. In Germany, the Central Office
for the Investigation of National Socialist Crimes at the time of its highest workload
disposed of 120 staff members. In Colombia, the National Unit of Analysis and Context is
composed of 50 prosecutors, 70 investigators and 60 criminal analysts, with backgrounds in
the fields of political science, history, military strategy, anthropology, sociology, economics
and systems engineering.
91.
There is ample room for cooperation to support the development of the required
skills. Given the significant stock of knowledge and expertise accumulated in postauthoritarian and post-conflict countries that have prosecutorial experience, this is an area
in which international and regional cooperation should emphasize country-to-country and
triangular support modalities.
VIII. Victim participation in the design of a prosecutorial strategy
92.
Recent years have seen an increasing emphasis on the participation of victims in
transitional justice mechanisms, including in criminal justice processes. International
human rights standards and principles provide for the right of victims to participate in
45
These include, among others, Belgium, Bosnia and Herzegovina, Denmark, France, Germany, Kenya,
Norway, Poland, Rwanda, the Netherlands, Serbia, South Africa, Sweden, Uganda, the United
Kingdom of Great Britain and Northern Ireland and the United States of America.
17
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