The role of UN investigative mechanism in anchoring fairness in the collaborative turn of international criminal investigations

Abstract

Increased solidification of accountability norms in relation to international responses to conflict has led to a collaborative turn where new actors – across international and national, public and private divides – participate and collaborate in investigations of core international crimes. This decentralized and highly relational reality of contemporary investigations challenges established understandings of how fairness is to be safeguarded for suspects, victims and witnesses affected by the practices of investigative and prosecutorial actors. Safeguarding fairness in the collaborative turn is crucial because fairness is at the heart of the identity of international criminal law. It is argued that UN investigative mechanisms for Syria (IIIM), Myanmar (IIMM), Da’esh in Iraq (UNITAD) and other similar UN quasi-prosecutorial mandate-holders are well-placed to play a more active and coordinating role in safeguarding fairness in this collaborative turn, in particular vis-à-vis investigative civil society actors. Although lacking capacity to single-handedly foster fairness in investigative practices in conflict situations, UN investigative mechanisms and investigations have the capacity to anchor the collaborative turn in law and public authority, based on principles of impartiality, independence and fairness.