Recommendations for submitting evidence to the Fact Finding Mission (FFM)

Presentation of the FFM

In October 2023, the Human Rights Council adopted a resolution establishing an independent Fact-Finding Mission (FFM) with a mandate to investigate abuses committed in the context of the war in Sudan and identify their perpetrators.

On 18 December 2023, the Council appointed the Mission’s three members:

Mohamed Chande Othman, chair (Tanzania)
Joy Ezeilo (Nigeria)
Mona Rishmawi (Jordan/Switzerland)

Key Dates:

Deadline limit for submission: July 31, 2024

The Mission is due to present:

an oral update on its initial findings to the Human Rights Council’s fifty-sixth session in June-July 2024
followed by a comprehensive report to the Council’s fifty-seventh (57) session in September-October,
and the UN General Assembly at its seventy-ninth (79) session in October 2024.

Content of the submission:

The FFM team prioritize to have direct contact with;

First-hand information (closed source), interviews with victims, survivors and witnesses (how are relocated or fled to safe places),
Open-source information(Standard OSINT evidence following the Berkeley protocol),
Concrete reports supported by strong evidence that can help to lead investigations,
Any other relevant information which can help to guide or support the investigation.

Note to be considered;

The FFM is not eager to rely solely on information provided by NGOs and experts; however, it can often be used as a basis from which to guide and influence their investigations and the final recommendations. In order to enhance the utility of a submission, it is advisable to supplement first-hand accounts with corroborating evidence and submit contextual details for all incidents, in addition to including contact information and, if feasible, detailed references.)

Include recommendations:

If feasible, recommend potential accountability mechanisms in light of the incident's specifics and the evidence presented.
Recommendations on measures of prevention, protection, and reparation.
Recommendations on measures to be taken by third States, multilateral institutions, companies, and the private sector.
Suggest secure modes of communication when establishing connections with survivors and witnesses.

Priority thematic covered:

Attack on medical facilities (Hospitals, and other strategic humanitarian facilities); Blocking of humanitarian aid
Crimes against women and children; SGBV on children specifically
Attack on strategic infrastructure
Systematic racial motivated attacks; Hate speech and incitement of racial crimes
The use of heavy weaponry; Aerial bombardment and shelling; Use of non-discriminatory weapons; Attack on civilians
Ethnically motivated crimes in Darfur in particular and other cities
Attack on judicial institutions and judicial archives including destruction of judicial archives
Attacks specifically aimed at professionals (including medical personnel, journalists, HRDs, and activists)
Executing attacks against civilians based on their viewpoint
Compulsory disappearance

Format of the submission:

No format provided by the FFM up till now.
Refer to the example of standard case submissions provided below.
It is important for the FFM to have enough information on the incidents reported, to be able to link it to the organization that provides the information if they need follow-up. Therefore it’s key that the organization shares enough sourcing information.

General observations

Ensure consistency in the names of individuals, accused persons, entities, cities, and villages throughout the submission. It is preferable that city names correspond to a reference, ideally the one used on the map.
Ensure thorough authentication of evidence, with particular focus on open source materials and data shared by third parties.
⁠⁠Ensure to share sources for each fact and indicate whether open source or closed source information as the FFM might ask you to follow up on some incidents.
When sharing interviews or testimonials, it is essential to have informed consent.
Consider the Duty of Care and Do No Harm protocol. With special consideration to security of all involved persons, witnesses and survivors
Data analysis can be utilized to enhance and support the submission.
Methodology can also be shared.
Data must be securely stored and transmitted, including during the submission process

Proposed guidelines for submitting information

Name of submitting entity/individual	Indicate the name of the organization or individual
Contact of submitting entity	Email(s): Telephone/WhatsApp/Signal: Web Address: Agree to be contacted by the FFM: Yes No
Relationship of submitting entity/individual to the alleged victim/s	Indicate any useful information such as; Ensuring to share sources for each fact and indicate whether open source or closed source information as the FFM might ask you to follow up on some incidents. If the submission refers to family members or the individuals themselves If it relates to personal information that qualifies an individual to act as a witness for their observation of a violation. Expert analysis
Violation/s alleged to have occurred based on the evidence evaluation and analysis It is advisable to submit content related to a certain theme unless many breaches stem from the same situation. Clarity in identifying violation kinds helps determine jurisdiction scope and provide suitable recommendations.	This is a non-exhaustive list of the violations Attack on medical facilities (Hospitals, and other strategic humanitarian facilities); Blocking of humanitarian aid, Crimes against women and children; SGBV on children specifically Attack on strategic infrastructure, Systematic racial motivated attacks; Hate speech and incitement of racial crimes The use of heavy weaponry; Aerial bombardment and shelling; Use of non-discriminatory weapons; Attack on civilians, Ethnically motivated crimes in Darfur in particular and other cities, Attack on judicial institutions and judicial archives including destruction of judicial archives, Attacks specifically aimed at professionals (including medical personnel, journalists, HRDs, and activists), Executing attacks against civilians based on their viewpoint, Enforced disappearances. Other types of forced labor or slavery or sexual slavery Additional categories of observed violations
Date of incident/ time period Including any development if the incident took place over a long period of time, all dates must be indicated	DD/MM/YYYY It is recommended to standardize the date format in the document to facilitate the verification of the chronological order of events.
Place of incident that include supportive evidence about the location especially share tips about the methodology used	State: Municipality: Being specific in providing the exact location is crucial for verifying and cross-referencing with other obtained information, including the FFM's data-gathering procedure, submissions, and witness testimonies.
Name/s of alleged victim/s, gender, age Membership of an indigenous people or ethnic group if possible and other elements if it’s about something else but not a natural person	Provide names of individuals, along with their age, gender, and any relevant details such as motive related to”‘gender, race, or political affiliation”. Also, identify any infrastructure involved where it’s relevant.
Identification of those allegedly responsible	Name of alleged perpetrator: Entity with which perpetrator is affiliated: Please include details on the methods used to identify individuals present when more than one person was involved. The report should provide details regarding the methods used to differentiate and back up the charges if they pertain to one of the concerned parties (RSF, SAF, or any other accused party including militias and other allied actors).
The summary of the incident(s) / allegations has to be as short as not more than 200 words	It is advised to be concise and provide a brief overview of the primary accusations. Explain the key aspects that lead you to believe it is significant, including the elements you are considering, such as any crime patterns.
Description of the incident(s) or allegations Present the information in numbered paragraphs and arrange the dates in chronological order for easier reference.	Detailed description of: the incident(s) or alleged violation, including specific locations (e.g. street, building) the context in which they took place and alleged perpetrators. Please also include information on the impact of these violations, as well as gender-sensitive considerations (e.g. how these violations affected women and men, girls and boys differently).
Summary of the state's reaction, possibly in a single paragraph. Recommendations.	Although not directly pertinent at the moment, it must be noted as it contributes to the formulation of suggestions. This includes a thorough account of potential investigations, legal procedures, rulings, and penalties, as well as restitution.
Consent of victims and if there are specific recommendations about this	Please indicate whether the FFM may include the following information in the public report submitted to the UN Human Rights Council: The information provided: Yes No The names of the source of the information: Yes No The names of the alleged victims (consent must be provided by the victim, or indicate if consent is provided on their behalf by relatives or legal representatives): Yes No ; consent provided by: _______ Please indicate whether the FFM may share the information with other international entities (UN human rights mechanisms, regional human rights mechanisms, international and regional courts, accountability mechanisms and other courts): The information provided: Yes No The names and contacts of the source of the information: Yes No The names of the alleged victims (consent must be provided by the victim, or indicate if consent is provided on their behalf by relatives or legal representatives): Yes No ; consent provided by: _______
List and description of attachments	Please name and number of attachments. Please include a list of all these attachments included in this submission, including a short description of their content.
Include methodology	Provide information about the used methodology if you have one and if the use of standard one is applicable that would be useful as well If there are closed sources as well indicate the use of informed consent.
General format and validation	Include page numbers, signature, logo, and any further details like submission or communication numbers.

Resources;

FFM Sudan - Call for Submissions

FFM Sudan - Call for Submissions | OHCHR

Definitions Legal concepts and questions
Legal concepts and questions | IIMM
Evidence and how it works
Collecting evidence and case building | IIMM
SHRM training and presentations
Training - Sudanese Human Rights Monitor (SHRM)
What is International Humanitarian Law?
A. What is International Humanitarian Law?
B. https://www.icrc.org/en/document/what-international-humanitarian-law
The key IHL treaties include the 1907 Hague Regulations, the four Geneva Conventions, and their Additional Protocols.
1907 Hague Regulations (Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land. The Hague, 18 October 1907)
Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Geneva, 12 August 1949
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea. Geneva, 12 August 1949
Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949
Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977
Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), 8 December 2005
More resources from ICRC Customary IHL - IHL Databases - ICRC

Recommendations for submitting evidence to the Fact Finding Mission (FFM)

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