The UN investigators also completed a site visit to what was believed to be the impact zone of the
rockets carrying the poison. Technical and military analysis of the impact zone, combined with
subsequent laboratory tests, confirmed that the rockets and rocket fragments contained Sarin gas. This
analysis of the impact zone and the weapons provided what is called inferential evidence because
the results allowed investigators to infer that the attack was purposeful, since it would be unlikely for
surface-to-surface missiles loaded with Sarin gas to launch themselves.
Witness testimony confirming that shelling took place immediately before the victims started showing
symptoms of poisoning further corroborates the conclusion that surface-to-surface rockets were used to
deliver the gas.
The next step is to prove responsibility by uncovering evidence that links the perpetrator to the crime.
This is called linkage evidence. Without linking the crime to a person, we cannot secure accountability.
In this case, initial investigations suggested that the type of rockets and launchers used in the attacks
on Ghouta were weapon systems known and documented to be in the possession of, and used only by,
Syrian government armed forces. If proven, this fact will likely serve as linkage evidence connecting
the attack to the Syrian regime. For criminal accountability, it will be necessary to go a step further and
identify particular individuals who ordered, carried out, assisted, or tolerated the attack.
TAKE HOME POINTS
First, investigators, analysts, and lawyers prove their cases by piecing together
different sources of evidence for different purposes, allowing them to tell the
full story of what happened. In this case, the UN investigators were able to
conclude, on the basis of clear and convincing evidence, that chemical weapons
were used against civilians. They began with the videos and then used witness
testimony, medical exams, medical lab results, weapons analysis, and technical
assessments to confirm that the attack was purposeful.
Second, as a frontline documenter, remember that footage documenting the
commission of crimes is valuable. But your efforts to capture linkage and notice
evidence will likely prove to be of greater importance for long-term justice and
accountability. With only 7.5 hours on the ground, combined with follow-up
analysis, the UN investigation team was able to prove a crime — a chemical
weapons attack against civilians — was committed, by clear and convincing
evidence. This was the easy part. Proving who did it and how is much harder,
and at the time of writing still had not been accomplished.
50 VIDEO AS EVIDENCE: ALL ABOUT EVIDENCE V 1.0
LAW
To strengthen the conclusion that civilians were exposed to a nerve agent, the videos were considered
alongside clinical medical examinations showing typical symptoms of exposure to a nerve agent, as well
as testimony from survivors, nurses, and doctors, detailing the symptoms they saw and experienced
after the shelling. The videos, medical exams, and witness testimony are referred to as corroborative
evidence, because they back up the results of the blood and urine tests. Together, these sources of
evidence confirm exposure to Sarin gas, but again, the evidence does not yet establish whether the
poisoning was purposeful nor provide any insight into the source of the gas.
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