Procedural Positive Obligation to Investigate

Abstract This chapter explains that national authorities are under the positive obligation to conduct effective investigation into allegations that individuals have been harmed. Two types of investigative duties are distinguished. The content of the first type can be formulated as a general obligation of having an effective judicial system so that light can be shed on the course of events that arguably led to harm. The second type can be framed as an obligation that has a more specific content since it requires the State to initiate a specific type of investigation, namely an official criminal investigation. These obligations impose specific requirements that can vary depending on the source of the harm (ie harm inflicted by state actors, by non-state actors, or linked with arguable omissions). These variations also affect how the proceedings at national should be initiated, considered effective, and when they might demand cooperation with other States.