REPORTING

Based on established international procedures and standards, this guide aims to provide a detailed, actionable guide for reporting War Crimes, and Crimes Against Humanity, to international and national bodies.

The following guide is in six sections with sub-sections. Please be mindful at all times of your security and safety when reporting crimes.

War Crimes or Crimes Against Humanity may be reported by victims, witnesses, non-governmental organisations (NGOs), civil society groups, or any individual with credible information. Submissions are accepted by national law enforcement agencies (e.g. UK Counter Terrorism Policing), international judicial bodies such as the International Criminal Court (ICC), or INTERPOL’s Incident Response Team.

Multiple actors can report Genocide through different channels. At the international level, the United Nations Security Council can refer situations to the International Court of Justice (ICJ, and the International Criminal Court (ICC) accepts complaints from member states, the UN Security Council, or its own Prosecutor, who may also launch investigations based on information from any source.

The ICJ cannot hear cases from private parties or advise them on disputes with governments. However, a State may formally take up its citizen's claim and bring the case against another State, converting a private injury into a State-to-State dispute that falls within the ICJ's jurisdiction.

Domestic courts in individual countries prosecute Genocide cases and can receive reports from victims, witnesses, government officials, or civil society organizations. Some countries recognize "universal jurisdiction", allowing their courts to prosecute Genocide even if it occurred elsewhere or involved foreign nationals. Importantly, no official status is required: non-governmental organizations, journalists, and ordinary citizens can provide information to authorities that triggers investigation, though formal prosecution authority rests with courts and designated prosecutors.

The ICC has jurisdiction over Genocide, Crimes Against Humanity, War Crimes, and the Crime Of Aggression (the planning, initiation, or execution of an act of armed force by a state leader that violates the UN Charter). Before submitting information, determine whether the situation falls within ICC jurisdiction:

*Jurisdiction Requirements*

• The alleged crime occurred on the territory of an ICC State Party (or the accused is a national of a State Party).
• The UN Security Council has referred the situation to the ICC.
• The Non-State Party has accepted ICC jurisdiction via a declaration.

ICC Jurisdiction Overview: https://www.icc-cpi.int/about/how-the-court-works

*Submission Process*

The Office of the Prosecutor (OTP) accepts communications from any individual or group under Article 15 of the Rome Statute (https://www.icc-cpi.int/sites/default/files/2024-05/Rome-Statute-eng.pdf).

Submissions should include:

• Factual basis of alleged crimes.
• Approximate dates and locations.
• Identification of alleged perpetrators (if known).
• Victim information.
• Contextual elements suggesting criminality.

Submissions can be made through the online form: https://otplink.icc-cpi.int or by mail to the ICC OTP.

While international humanitarian law, including the Geneva Conventions, is designed to protect civilians, it also recognizes that in the conduct of war, civilian casualties may occur as a result of legitimate military operations. However, this does not give armed forces unrestricted license. The principles of distinction, proportionality, and precaution govern all attacks.

• Distinction: Parties to a conflict must at all times distinguish between civilians and combatants and between civilian objects and military objectives. Attacks may only be directed against combatants and military objectives.

• Proportionality: This principle prohibits attacks which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated. This is not a simple numbers game, but a balancing act that must be evaluated on a case-by-case basis *before* an attack is launched. An attack that is not discriminate is illegal.

• Precaution: In conducting military operations, constant care must be taken to spare the civilian population, civilians, and civilian objects. All feasible precautions must be taken to avoid, and in any event to minimize, incidental loss of civilian life, injury to civilians, and damage to civilian objects.

There is a legal framework that commanders must apply when planning and executing an attack on a military target. This involves:

1.  Verification: Commanders must do everything feasible to verify that the objectives to be attacked are military objectives and not civilians or civilian objects.

2.  Proportionality Assessment: An assessment must be made of the potential for civilian casualties and damage to civilian property. This anticipated harm must be weighed against the expected "concrete and direct" military advantage of the attack. If the civilian harm is expected to be "excessive," the attack must be canceled or suspended.

3.  Warning: An effective advance warning must be given of attacks which may affect the civilian population, unless circumstances do not permit.

An attack violates the principle of proportionality if it is launched with the knowledge that it will cause excessive civilian casualties. The deliberate targeting of civilians is always a war crime.

The assessment of proportionality is complex and often controversial, but it is a critical element of international humanitarian law. When reporting on potential war crimes, it is important to provide as much information as possible that could help to establish whether an attack was indiscriminate or disproportionate. This could include evidence of the nature of the target, the weapons used, the presence of civilians in the area, and whether any warnings were given.

*Human Rights Council Complaint Procedure:*

The Complaint Procedure (https://www.ohchr.org/en/treaty-bodies/human-rights-bodies-complaints-procedures/complaints-procedures-under-human-rights-treaties) addresses consistent patterns of gross and reliably attested violations of human rights and fundamental freedoms. The procedure is confidential and can be initiated regardless of country membership obligations.

*Treaty Bodies*

Depending on the nature of violations, complaints can be filed under Optional Protocols to:

• International Covenant on Civil and Political Rights [First Optional Protocol] (https://www.ohchr.org/en/instruments-mechanisms/instruments/optional-protocol-international-covenant-civil-and-political).
• Convention Against Torture [CAT OP](https://www.ohchr.org/en/instruments-mechanisms/instruments/optional-protocol-convention-against-torture-and-other-cruel).
• Convention on the Elimination of All Forms of Discrimination against Women [CEDAW OP] (https://www.ohchr.org/en/instruments-mechanisms/instruments/optional-protocol-convention-elimination-all-forms).

*UN Security Council Referral*

For situations involving non-State Parties where the ICC lacks jurisdiction, advocacy can be directed toward Security Council members (https://main.un.org/securitycouncil/en/content/current-members) under Article 13(b) of the Rome Statute.

Many States allow prosecution of international crimes regardless of where they were committed or the nationality of the perpetrator/victim. Key considerations:

• Universal jurisdiction (https://www.redress.org/universal-jurisdiction/) enables investigation and prosecution in third-party States.
• National legislation varies; some States require the suspect's presence on their territory.
• European Center for Constitutional and Human Rights (ECCHR)(https://www.ecchr.eu/en/glossary/universal-jurisdiction/) provides case studies on successful universal jurisdiction prosecutions.

The Hague Conventions, originating from two international peace conferences in 1899 and 1907, represent one of the earliest formal statements of the laws of war. They are a series of international treaties and declarations that established rules for the conduct of hostilities, including the means and methods of warfare. While the Geneva Conventions focus on the protection of victims of war, the Hague Conventions are primarily concerned with regulating the conduct of warfare itself.

For the purposes of reporting war crimes, the Hague Conventions provide a foundational legal framework for identifying and documenting violations. Many of the principles laid out in the Hague Conventions are now considered customary international law, meaning they are binding on all states, regardless of whether they have signed the specific treaties.

Relevance to War Crimes at Sea

Several Hague Conventions are particularly relevant to war crimes committed in the context of naval warfare. When reporting on such incidents, it is useful to reference these specific instruments:

• **Hague Convention (VI) of 1907 relative to the Status of Enemy Merchant Ships at the Outbreak of Hostilities:** This convention provides for a period of grace for enemy merchant ships to depart from a belligerent's ports. Seizing such vessels without allowing for their departure can constitute a violation.
• **Hague Convention (VII) of 1907 relative to the Conversion of Merchant Ships into War-Ships:** This convention outlines the conditions under which a merchant ship may be converted into a warship. A failure to adhere to these regulations could be a component of a war crime.
• **Hague Convention (VIII) of 1907 relative to the Laying of Automatic Submarine Contact Mines:** This convention restricts the use of unanchored automatic contact mines and requires that anchored mines be constructed so as to become harmless if they break loose from their moorings. The indiscriminate use of such mines, leading to civilian casualties, is a grave breach.
• **Hague Convention (IX) of 1907 concerning Bombardment by Naval Forces in Time of War:** This convention prohibits the bombardment of undefended ports, towns, villages, dwellings, or buildings. It also requires that, before commencing a bombardment, the commander of a naval force must do their utmost to warn the authorities.
• **Hague Convention (XI) of 1907 relative to certain Restrictions with regard to the Exercise of the Right of Capture in Naval War:** This convention protects certain types of vessels from capture, including coastal fishing vessels and small boats engaged in local trade. The unlawful capture or destruction of such vessels can be considered a war crime.
• **Hague Convention (XIII) of 1907 concerning the Rights and Duties of Neutral Powers in Naval War:** This convention outlines the obligations of neutral states and the rights of belligerents in relation to neutral waters and ports. Violations of neutrality, such as using a neutral port as a base of operations, can have legal consequences.

Broader Relevance to Reporting War Crimes

Beyond the specific context of naval warfare, the Hague Conventions are relevant to the reporting of all war crimes, as well as genocide and crimes against humanity, in several ways:

• **Defining the Rules of Engagement:** The Hague Conventions establish the principle that the right of belligerents to adopt means of injuring the enemy is not unlimited. This principle underpins the entire framework of international humanitarian law.
• **Prohibition on Certain Weapons:** The conventions and declarations prohibit the use of certain types of weapons, such as projectiles that diffuse asphyxiating or deleterious gases. The use of such weapons is a clear war crime.
• **Protection of Cultural Property:** The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its two Protocols specifically address the protection of cultural heritage. The intentional destruction of cultural property is a war crime.
• **Foundation for Modern War Crimes Prosecutions:** The principles enshrined in the Hague Conventions were foundational to the Nuremberg and Tokyo tribunals after World War II and continue to be cited in modern international criminal law, including by the International Criminal Court (ICC).

When preparing a submission to the ICC or other bodies, referencing specific articles of the relevant Hague Conventions can strengthen the legal analysis of the alleged crimes. It demonstrates that the actions in question are not only morally reprehensible but also a clear violation of long-standing principles of international law.

The ICC and other tribunals accept:

• Physical Evidence: Weapons, documents, clothing, forensic materials.
• Digital Evidence: Photographs, videos, audio recordings, geolocation data, cell phone extractions.
• Witness Testimony: First-hand accounts, expert testimony.
• Documentary Evidence: Official records, medical reports, satellite imagery.
• Pattern Evidence: Demonstrating systematic conduct consistent with criminal plans.

Maintaining an unbroken chain of custody is essential for evidence admissibility:

1. *Documentation at Collection*

•    Record exact date, time, and GPS coordinates.
•    Note environmental conditions (weather, lighting).
•    Document who collected the evidence.
•    Photograph evidence in situ before movement.

2. *Tamper-Evident Handling*

• Seal physical evidence in signed, dated containers.
• Use cryptographic hashing (SHA-256) for digital files immediately upon creation.
• Maintain a handover log tracking every person accessing evidence.

3. *Secure Storage*

• Store physical evidence in climate-controlled, locked facilities.
• Create encrypted backups of digital evidence with Veracrypt (https://www.veracrypt.fr/) or similar FIPS-140-2 compliant tools.
• Maintain three copies in geographically separate locations.

*Metadata Preservation*

• Enable automatic date/time/GPS stamping on cameras/devices.
• Preserve original files; never edit originals.
• Document software/hardware specifications used for capture.

*Verification Techniques*

• Calculate and record cryptographic hash values immediately.
• Use MIT Media Lab's Starling Framework.(https://www.starlinglab.org/) or Truepic Vision (https://www.truepic.com/) for authenticated capture.
• Use Signal (https://signal.org/) or OnionShare.(https://onionshare.org/) for secure transfer, not standard messaging.

An effective submission to the ICC or UN mechanisms should include:

1. Executive Summary: A brief overview of allegations (1-2 pages).

2. Factual Matrix: A chronological account of the crime with specific dates, locations, and actors.

3. Legal Analysis: Reference to specific articles of the Rome Statute or human rights instruments of the crime.

4. Appendices:

• Supporting evidence with descriptions.
• Witness lists (with pseudonyms if protection concerns exist).
• Maps showing incident locations.
• Chain of custody documentation.

The International Criminal Court accepts submissions in English, French, or any of the working language of the Court. The six languages the ICC has used for judgements and fundamental decisions are: Arabic, Chinese, English, French, Russian, and Spanish.

Language Rights at the ICC: Defendants have the right to use a language they fully understand, and other languages may be authorised in proceedings upon request.

UN Treaty Bodies have specific language requirements listed in procedural guidelines (https://www.ohchr.org/en/treaty-bodies).

Provide translations when possible. Machine translations should be noted as being so.

*Encrypted Channels*

• Use Signal (https://signal.org/) for messaging (enable disappearing messages).
• Use ProtonMail (https://proton.me/) or Tutanota (https://tutanota.com/) for email.
• Use Tor Browser (https://torproject.org/) or VPNs (Mullvad, IVPN) for web communications.

*Device Security*

• Enable full-disk encryption on all devices (BitLocker for Windows, FileVault for Mac).
• Use strong passwords with password managers (https://ssd.eff.org/module/creating-strong-passwords).
• Enable two-factor authentication (2FA) on all accounts using hardware keys or authenticator apps.

*Identity Protection*

• Use pseudonyms for all communications related to the investigation.
• Conduct sensitive research on dedicated devices using Tails OS.
• Keep journalistic/work devices separate from personal devices.

*Physical Security*

• Vary routines and meeting locations.
• Conduct regular security audits using resources from Electronic Frontier Foundation (https://ssd.eff.org/).
• Establish duress protocols or check-in systems with trusted contacts.

*Documenting Security*

• Maintain a security log separate from the evidence log.
• Note any suspicious activity, attempted intrusions, or surveillance concerns.
• Review and update threat models regularly using SAFETAG (https://safetag.org/) frameworks.

*Risk Assessment*

Before involving any witness, assess:

• The level of risk to the witness and family.
• Witness vulnerability (age, health, displacement status).
• Likelihood of retaliation.
• Availability of relocation or support options.

*Minimising Exposure*

• Use pseudonyms in all documentation.
• Avoid collecting unnecessary identifying information.
• Never store witness identities on internet-connected devices.
• Use secure drop boxes or dead drops for physical document exchange.

The ICC operates a Victims and Witnesses Unit (https://www.icc-cpi.int/court-record/icc-01/05-01/08-972) that provides:

• Protective measures during proceedings.
• Relocation assistance for high-risk witnesses.
• Psychological support.
• Confidentiality procedures for identity protection.

*Requesting Protection*

When submitting to the ICC, indicate clearly:

• Which witnesses fear for their safety.
• Specific threats received.
• Any prior incidents of intimidation.
• Protective measures already in place.

*National Systems*

Universal jurisdiction prosecutions offer witness protection programs, however, capacity varies. Request information from national prosecutorial authorities about available measures.

*United Nations Interim Measures*

Under certain treaty procedures, the UN can request States to take interim measures (https://www.ohchr.org/en/treaty-bodies/ccpr/individual-communications) to prevent irreparable harm to complainants or witnesses while cases are under review.

*ICC OTP*

The Office of the Prosecutor (OTP) operates as an autonomous branch of the International Criminal Court (ICC), tasked with examining and bringing charges against those accused of Genocide, War Crimes, Crimes Against Humanity, and Aggression. Under the Prosecutor's leadership, it functions as the Court's operational core in the pursuit of accountability.

• Submit via the online form (https://www.icc-cpi.int/about/otp/otp-contact).
• Or mail to: Office of the Prosecutor, International Criminal Court, Post Office Box 19519, 2500 CM The Hague, The Netherlands.
• Include a cover letter summarising submission contents.

*UN Mechanisms*

You can report a human rights complaint through three main channels: the Special Procedures (independent experts appointed by the Human Rights Council), the Treaty Bodies (committees of independent experts that monitor human rights treaties), or directly to the Human Rights Council.

• Follow specific complaint form procedures (https://www.ohchr.org/en/hr-bodies/hrc/complaint-procedure/hrc-complaint-procedure-index) for each treaty body.
• Confidential complaints to the Human Rights Council follow the [1503 procedure] (https://www.ohchr.org/en/reporting_violations).

*National Prosecutions*

Be aware that some countries do not have a safe and secure means of reporting War Crimes, Genocide, or Crimes Against Humanity that respect the reporter's anonymity. Safeguards actively shield a person's identity, ensuring their safety in research, online spaces, and personal interactions.

Always be aware of your government's practice on preventing your exposure to reduce any personal risk when considering a report to your government's office. If you have any concerns about your national government's ability or willingness to act in good faith, then use the international reporting mechanisms above, taking special care to follow the security and safety protocols.

• Research specific requirements of the target jurisdiction.
• Some require the presence of the suspect; others allow investigative measures without presence.
• Contact war crimes units or specialised international crimes divisions where available.

While individuals and groups can submit information directly to bodies like the ICC, several non-governmental organisations (NGOs) specialize in investigating, documenting, and analyzing evidence of war crimes for legal and advocacy purposes. Collaborating with these organisations can strengthen a submission, provide necessary expertise, and increase the likelihood of official action.

These organisations have established methodologies for evidence collection that align with international legal standards, and their findings are often utilized by prosecutors and international bodies.

Key organizations with relevant expertise include:

Amnesty International and Human Rights Watch

These are large, established human rights organizations with extensive experience in on-the-ground fact-finding. They conduct witness interviews, document atrocities, and produce detailed legal and policy analysis of violations of international humanitarian law. Their reports are highly regarded and frequently inform the work of the UN and international courts.

Bellingcat

A pioneer in open-source intelligence (OSINT), Bellingcat specializes in using publicly available digital information - such as satellite imagery, social media videos, and geolocation data - to investigate major incidents, including war crimes. Their work is crucial for verifying events in areas inaccessible to traditional investigators and for corroborating witness testimony with digital evidence.

Truth Hounds

This organization specializes in the documentation of war crimes and crimes against humanity directly within conflict zones. They focus on gathering evidence that meets the rigorous standards required for submission to international legal bodies, including the International Criminal Court.

Global Rights Compliance

This group of international lawyers and investigators specializes in bringing perpetrators of international crimes to justice. They provide expert legal advice and on-the-ground assistance to individuals and communities affected by conflict, helping to build cases that can be prosecuted in national or international courts.

The Mnemonic Archives

Mnemonic is a Berlin-based organisation that systematically collects, preserves, and verifies digital information documenting human rights violations and war crimes. With archives dedicated to conflicts in Syria, Yemen, Sudan, and Ukraine, they create invaluable, verifiable datasets intended to support accountability and justice mechanisms.

Engaging with these or similar organizations can be particularly useful if your evidence is extensive, requires specialist technical or legal analysis, or if you have concerns about security and require the support of an established entity.

• Maintain evidence archives securely even after submission.
• Document receipt of submissions.
• Prepare for potential follow-up requests for clarification or additional evidence.
• Continue security protocols indefinitely.

Understanding the complexities of international humanitarian law is an ongoing process. For those interested in deepening their knowledge through lectures, courses, and archival materials from leading legal experts and institutions, the following resources are highly recommended:

UN Audiovisual Library of International Law

This is an extraordinary free resource provided by the United Nations. It features a vast collection of lectures by leading international law scholars and practitioners on virtually every aspect of the field, including the law of armed conflict, the history of international tribunals, and the specifics of treaty law.

Gresham College Lectures

Based in London, Gresham College has been providing free public lectures for over 400 years. Its online archive contains numerous lectures on international law, war crimes, and historical conflicts delivered by eminent professors and legal figures, making complex topics accessible to a general audience.

The ICC Lecture Series

The International Criminal Court itself often publishes lectures and presentations from its judges, prosecutors, and staff. These provide direct insight into the practical workings and legal challenges of the court. These can often be found on the ICC's official website and YouTube channel.

ICRC E-Learning

The International Committee of the Red Cross (ICRC), the guardian of the Geneva Conventions, offers a range of online courses and resources on international humanitarian law (IHL), from introductory to advanced levels.