Rights, the international criminal tribunals such as the International Criminal
Tribunals for the former Yugoslavia and Rwanda, and the International
Criminal Court, in an effort to assist their investigative and accountability
processes.
The rapid increase and spread of mobile technology, and the
subsequent era of citizen-journalism that followed, has increased the number
of individuals engaging with the documentation and investigation of serious
human rights violations. Indeed, civil society actors seeking to interact with
accountability mechanisms are no longer exclusively well-trained human
rights groups approaching documentation and the collection of information
about serious human rights violations with a specific mandate. The
diffusion of mobile technology has flooded the media with an exponentially
growing amount of footage, allowing for a quasi-live (and increasingly
graphic) coverage of real events. For example, the Arab Spring allowed the
ability to follow remote events as they unfolded from its early days. Other
examples include groups organizing themselves to collect information in
order to show (previous) state leaders’ connection to human rights violations
and the increasing number of victims who come forward to share the stories
of the harms they suffered.
On the one hand, the pro-activism of civil society groups living in
conflict zones or under authoritarian regimes has brought about an
improvement in coverage and an abundance of information. On the other
hand, however, it has confronted the investigative and judicial practice with
a number of dilemmas. Is it possible to use information collected through
citizens’ journalism for the purpose of judicial proceedings in light of the
quality requirements for evidence? What is the role of such civil society
actors in the investigation and documentation processes and accountability
mechanisms? What weight should the information they collect carry? And
what risks and challenges does their presence and interplay create?
The conversation on the role and consequences of “unofficial
investigations” (see the Terminology section below) is today more alive and
polarized than ever. On one end of the spectrum, highly specialized and
concerned professionals rightly point to the irreplaceability of technical
training and that even seasoned investigators with years of investigative
experience are confronted with complex difficulties in their efforts to
perform their official mandates. These difficulties include the highly
complex nature of the violations and crimes under investigation, the high
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