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.

*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 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.

• 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.