TAKE HOME POINTS
The points below are summary of the key lessons from this section.
Know The Rules And Know When To Break Them
Modify the suggestions here to meet your needs.
Your Role
As a person on the frontlines, you are uniquely placed to gather linkage and notice evidence and
in turn, can provide valuable information about the perpetrators to investigators and lawyers
who aren’t on the ground.
Prove What, Who & How
To successfully hold a perpetrator accountable a lawyer must prove:
• What crime was committed;
• Who committed the crime; and
• How the perpetrator committed the crime.
Activists tend to document the “What”. If you are living somewhere where mass atrocities or
daily human rights violations are endured, your efforts to capture “Who” committed the crime
and “How” they did it by capturing linkage and notice evidence will likely prove to be of greater
importance for long-term justice and accountability.
Modes Of Liability
In general, there are six primary ways to describe how a person can commit a crime. They are:
• individual perpetration
• co-perpetration, conspiracy or joint criminal enterprise
• aiding and abetting
• instigation or incitement
• ordering
• command or superior responsibility
It’s valuable to learn to use video to show “How” a person committed a crime because this tends
to be the most difficult aspect of a case.
134 VIDEO AS EVIDENCE: PROVING RESPONSIBILITY V 1.0
FILMING
Your safety and the safety of those you are filming comes first. None of this guidance is absolute.
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