Thread by @mabecker17

As expected, the UN Human Rights Council (@UN_HRC) has established an international commission of inquiry for #Ukraine. The structure & mandate of the new body combines aspects typical of commissions of inquiry with elements of the new ‘investigatory mechanism’ model. #HRC49 1/11

https://twitter.com/UN_HRC/status/1499696876601462789

By that I mean that the #Ukraine COI has a typical structure (a three-member panel) and a typical mandate: to investigate all violations and abuses of IHRL & IHL, to examine factual circumstances and the root causes of violations, and to recommend accountability measures. 2/11

But it also has elements of an ‘investigatory mechanism’ mandate: to collect, preserve, and analyse evidence with a view to supporting future criminal trials at domestic or international level (akin to the existing IIIM (Syria), IIMM (Myanmar) and @UNITAD_Iraq). 3/11

Whether these overlapping functions should be combined in one inquiry body for #Ukraine is a fair question. COIs are a form of public diplomacy, their work is high profile, and they can focus on facts/violations not necessarily covered by int’l criminal law. 4/11

By contrast, investigative mechanisms have different priorities & many details of their work may need to be confidential. Unlike COIs, they are not necessarily trying to establish an authoritative factual narrative or acting as a policy advisor to states and int'l orgs. 5/11

There are also big differences between COIs and IMs in terms of budgetary needs and staffing. Arguably, an IM may have concerns about ‘chain of custody’ and other evidentiary standards that exceed what a ‘normal’ COI will be concerned with. 6/11

Some people may also question whether all of this feels premature. How will a COI help the situation on-the-ground right now? Why put resources into this rather than directly funding #Ukraine’s defenses against the on-going aggression by #Russia? 7/11

These are fair questions. One argument is that accountability mechanisms are not only about obtaining results at some uncertain & distant future time. They're also part of a broader effort to delegitimize the regime in Moscow, right now, and to reinforce a rules-based world. 8/11

Finally, just a reminder that there already is a fact-finding/monitoring body in Ukraine: the #OSCE Special Monitoring Mission (@OSCE_SMM) which has operated since 2014 but is currently attempting to evacuate (osce.org/special-monito…). 9/11

The @OSCE_SMM (with a very large staff drawn from many OSCE nations) has had a very different type of mandate since 2014: to gather info and report on facts relating to on-going security issues throughout #Ukraine, with the goal of reducing tension & facilitating dialogue. 10/11

Those types of goals are hardly feasible under current circumstances, but it bears asking how the @OSCE_SMM (with all of its experience and local knowledge) might also play a role going forward (alongside the COI) in terms of documenting violations & promoting a resolution. 11/11

I should add that there is also the UN Human Rights Monitoring Mission in Ukraine (HRMMU), which has also operated since 2014. Its future role in combination with the COI should also be considered. 12/11 ohchr.org/EN/Countries/E…