advised to follow the ethical principles and practical guidelines in this
Handbook.
1.4.3 Unofficial v. Untrained
The word “unofficial” to characterize the “investigations” and
“investigators” in this Handbook was also carefully selected over the word
“untrained” because “untrained” might misrepresent the experience of some
individuals engaged with documentation. Whereas in many contexts it is
fair to assume that documenters will be untrained, in an increasing amount
of contexts these actors are either receiving relevant training (the
appropriateness/quality of said trainings may vary), and, more importantly,
are often highly skilled professionals in the functions they are there for
primarily. In Syria, for example, many actors documenting human rights
violations are doctors, lawyers, and local judges. While they are not
representative of the majority of documenters everywhere, the word
“untrained” seemed unsuitable. Instead, the Handbook opts for the term
“unofficial” which characterizes the nature of these investigative and
documentary efforts rather than the qualifications of the person involved.
1.4.4 Information v. Evidence
The Handbook often uses the word “information” about serious
human rights violations rather than “evidence” in the spirit of managing
expectations (see for more on management of expectations, Section 2.1.7).
It is important to realize that what is collected by unofficial investigators,
even if by the standards presented in this Handbook, will not often find its
way into the proceedings in a court of law directly, although it may still be
essential to a case in more indirect ways. This distinction between
information and evidence, however, does not imply that lesser standards
apply with regard to its relevance, credibility, reliability, and accuracy,
which are also crucial in non-criminal law or non-judicial processes.
Therefore, quality assurance is a matter of good practice as it will enable the
use of the information in a variety of situations. Accordingly, even if
information does not become evidence, it may nevertheless, if properly
collected, serve as a “lead,” assisting investigators and enabling them to
identify, locate and obtain information that may serve as evidence. 2
2
Marie Nystedt (Ed.), Christian Axboe Nielsen, Jann F. Kleffner, A Handbook On Assisting International
Criminal Investigations, THE FOLKE BERNADOTTE ACADEMY, 54 (2011), available at
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