PART III
Here’s what we know so far:
• Crime-based video evidence shows “What” happened. Linkage and notice evidence helps us
prove responsibility for the crime by identifying “Who” committed the crime and “How” they
did it.
• Collecting information about who committed the crime and how they did it is often trickier
than collecting evidence of a crime itself. This is because not all perpetrators are at the scene
of the crime. In turn, we need to think creatively about how and when to use video to collect
linkage evidence so we can link remote perpetrators to the crimes on the ground.
• Additionally, to prove command and superior responsibility we also have to capture notice
evidence to show that a remote perpetrator knew, or was put on notice, that persons under
their control committed crimes.
As noted at the start of this section, citizen witnesses and human rights activists are uniquely placed to
gather crime, linkage and notice evidence. Here are some ideas on how you can use video to do so.
EXAMPLES OF VIDEO THAT COULD SERVE AS EVIDENCE
CRIME-BASED EVIDENCE
• Torture in progress
• Unarmed persons being repeatedly
beaten by national police
• Unarmed persons being shot by
military forces
• Injuries suffered after the use of
excessive force
• Mass graves
• Damage to civilian property, such as
schools and hospitals
• Damage to cultural objects
• Children bearing arms or participating
in military activities
• Billboards with hate speech
• Impact zone of a suspected weapons
attack
• Unhealthy labor conditions
• Children working in factories
• Inadequate detention conditions
• Pillaging of humanitarian aid in
progress or the aftermath
• Environmental degradation, such as a
visually contaminated water source
• Etc.
LINKAGE EVIDENCE
• Police formations at a protest
• Uniforms and badge numbers
• Passports or other official documents
of identification
• License plates of official vehicles
• Military equipment, such as small
arms, large arms, protective gears,
missile heads, tanks, planes, etc.
• Serial numbers on military equipment
• Speeches by leaders and those that
they have authority over
• Checkpoints
• Troop movements
• Buildings where perpetrators based
their operations out of
• Communications equipment, such as
satellites dishes, radios, etc.
• Video of documents that can’t be
taken because of security risks so the
contents are filmed or photographed
instead
• Video-taped interviews with
perpetrators, prisoners or defectors
• Etc.
NOTICE EVIDENCE
• The crimes or the aftermath of the
crimes broadcast on television
• Public speeches by UN or national
officials presenting video clips of the
crimes and calling for crimes to stop
• Public speeches by remote
perpetrators acknowledging crimes on
the ground
• Perpetrators in the field with their
troops
• Perpetrators using communications
technologies
• Interviews with perpetrators
acknowledging the commission of
crimes
• Interviews with prisoners
and defectors acknowledging
communications with remote
commanders and leaders
• Video reports produced and
distributed by NGOs that document
crimes
• Etc.
131 VIDEO AS EVIDENCE: PROVING RESPONSIBILITY V 1.0
FILMING
HOW CAN VIDEO LINK A PERPETRATOR TO A CRIME?
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents