Investigating Atrocity Crimes: Between Advocacy and Justice

Abstract Criminal justice investigators of atrocity crimes work in the same space as Non-Governmental Organisations. Even if having different objectives and mandates in crisis zones, numerous NGOs are also investigating or collecting evidence in the process of pursuing their other mandates, as was observed recently in Ukraine or Rohingya refugee camps. This can cause problems for the investigators of international crimes, and their work of collecting evidence on atrocity crimes in these contexts. This study is based on semi-structured interviews with sixteen experienced investigators from international and national justice institutions. Investigators raised this issue and discussed both benefits and problems of NGOs collecting evidence on atrocity crimes in conflict zones. A thematic analysis was conducted. In the results, investigators acknowledged positive effects of NGOs, such as their ability to quickly begin their operations, gather evidence and identify witnesses. Three problems and challenges of NGO involvement in the field were identified. First, NGO interviews do not always focus on establishing the facts and seeking accountability. Second, NGO involvement often meant that witnesses were interviewed multiple times, leading to inconsistencies in testimony and confusion. Third, NGO methods to interview witnesses can reduce the quality of evidence, for example by allocating insufficient time for thorough questioning, interviewing groups of witnesses simultaneously, or employing suggestive questioning techniques. Investigators described strategies for how they dealt with these problems, and recommended changes to the activities of NGOs. The findings underscore the need for improved collaboration between NGOs and justice institutions to safeguard the well-being of witnesses and the integrity of witness evidence on atrocity crimes.