A/HRC/28/69
to justice. Despite the consensus reached in that resolution, no concrete measures are yet in
place to ensure accountability.
96.
The Commission has repeatedly called upon the Security Council to refer the
situation to the International Criminal Court or to an ad hoc international tribunal. It has
also endeavoured, wherever possible, to use its information to identify those responsible for
crimes and other violations and to help to ensure perpetrators are held accountable. 10
97.
More than 3,500 victim and eyewitness accounts have been collected, documenting
war crimes and crimes against humanity, as well as other violations of human rights and
international humanitarian law. These interviews have been preserved for future sharing
and referral to justice mechanisms, whether international or national. In all cases,
interviewees were asked to provide their explicit consent for the Commission to use the
information provided in its reports and/or to share pertinent details with current and future
accountability mechanisms.
A.
Identification of alleged perpetrators
98.
At the end of each mandate, the Commission compiles a confidential list of alleged
perpetrators. Alleged perpetrators have been identified based on verified accounts of
witnesses and victims.
99.
All information relating to the identity of potential perpetrators, either individuals or
entities, is recorded, including name, affiliation, rank, source and exact circumstances of the
alleged incident or incidents in which the individual or group was allegedly involved. A
review is conducted to determine whether information linking identified perpetrators to
crimes or violations has been corroborated to the Commission’s standard of proof.
100. An individual or entity is placed on the final list when there are “reasonable grounds
to believe” that a crime or violation has occurred and the individual or unit listed was
involved in the manner described. A number of unit commanders and armed group leaders
have been listed on the basis of their command responsibility.
B.
Categories of alleged perpetrators
101. In March 2015, the Commission will deliver a fifth list of alleged perpetrators to the
United Nations High Commissioner for Human Rights. Previous documents have included
commanders of army and security units, including heads of detention facilities and other
individuals operating under the command of the Government or in its support, and
commanders of non-State armed groups, including the so-called “emirs” of radical groups,
once their responsibility for crimes and violations has been established in accordance with
the Commission’s standard of proof.
C.
The search for justice
102. As the situation in the Syrian Arab Republic has yet to be referred to the
International Criminal Court , the Commission acknowledges that other options to pursue
criminal justice must be explored. Given that the Court would focus on persons allegedly
most responsible, the majority of additional cases would have to be taken up by other
international or national mechanisms. As the use of foreign fighters by extremist groups has
10
See A/HRC/22/59, annex XIV.
15
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