In the context of judicial proceedings, investigation refers to the formal process of gathering, preserving and analysing evidence in support of criminal prosecution or other judicial accountability processes. While it shares foundational principles with Documentation, including Survivor-/Victim Centred Approachs, Informed consent, and the “Do no Harm” principle, investigation is distinguished by its specifically judicial purpose and by the legal standards it must satisfy. For investigative purposes, evidence gathered must meet legal standards of admissibility, chain of custody must be rigorously maintained, and the process is conducted within, or in close coordination with, national, regional, or international criminal justice frameworks. Investigation can encompass the collection of victim/survivor and witness testimony, forensic and medical evidence, documentary and open-source evidence, and analyses of patterns of violations and command structures capable of establishing individual criminal responsibility [1].

In international criminal law, the investigation of sexual and gender-based violence (SGBV) has been significantly shaped by the jurisprudence of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). These tribunals established key evidentiary and procedural standards for the prosecution of sexual violence crimes, including by recognising that convictions for rape and other forms of sexual violence may be secured even where direct victim/survivor testimony is limited or unavailable, provided that sufficient corroborating evidence is presented, such as medical records, forensic evidence, and eyewitness accounts [2]. At the International Criminal Court (ICC), the Policy on Gender-Based Crimes adopted by the Office of the Prosecutor in 2023, mainstreams SGBV investigation as a prosecutorial priority across all situations and cases. The Policy provides guidance on integrating a gender perspective throughout all stages of investigation, on addressing the needs of LGBTQIA+ victims/survivors, and on responding to the specific evidentiary and methodological challenges raised by SGBV cases [3]. Beyond formal tribunal proceedings, United Nations (UN) investigative mechanisms, including the International, Impartial and Independent Mechanism for Syria (IIIM), the Independent Investigative Mechanism for Myanmar (IIMM), and the Independent International Commission of Inquiry on Ukraine, have developed significant practice on SGBV investigation outside the tribunal framework, collecting, analysing and preserving evidence in anticipation of future prosecutions at the national, regional and international level [4].

A central challenge specific to SGBV investigations lies in the tension between evidentiary requirements and victim/survivor wellbeing. Repeated questioning and exposure to adversarial legal processes risk re-traumatisation if not conducted with appropriate safeguards.