Vehicles for accountability or cloaks of impunity? How can national commissions of inquiry achieve accountability for violations of the right to life (2017)?

_{Probert, T. : ‘Vehicles for accountability or cloaks of impunity? How can national commissions of inquiry achieve accountability for violations of the right to life?’ IJR Policy Brief Number 25, May 2017}

National commissions of inquiry are a common government response after crises, including allegations of serious human rights violations. Supporters argue that these commissions offer a more flexible, participatory, and transparent approach to answering key questions like “What happened?” and “Who was affected?” compared to immediate criminal investigations. However, critics point out that governments often create such commissions knowing their recommendations are non-binding, that the investigations may take a long time, and that public pressure for accountability may have faded by the time the reports are delivered. This policy brief examines the state’s responsibilities to investigate and ensure accountability after human rights violations, particularly in cases of potential violations of the right to life. It draws on the 2016 Minnesota Protocol on the Investigation of Potentially Unlawful Death and research on commissions of inquiry in Africa to outline standards for determining whether a commission is an appropriate mechanism for a given situation and whether it helps the government fulfill its obligation to conduct a prompt, impartial, thorough, and transparent investigation.