Research and Discussion Paper on a TJ Framework for Zimbabwe • violations of international humanitarian law and international human rights law.21Some states also set up their own commission of inquiry with the mandate to investigate independently and impartially certain incidents and come up with recommendations. As an example, in Zimbabwe after the 2018 harmonised elections, the President has set up a commission of inquiry to investigate the human rights violations.22 The aim is to investigate the post-election violence in which over 200 human rights violations were documented in the course of two weeks. The violations included the extra-judicial killing of civilians who were shot by the military forces on 1 August 2018 following their deployment in unclear circumstances. Archives: Whatever body investigates human rights violations, it must be evidence based. Hence, the investigating body should have access to any information recorded by state and non-state actors. Archiving the history of violations and the dealing with the past process and making it accessible for future generations is also part of memorialisation as and the non-recurrence function of transitional justice. The right to justice The right to justice is a fundamental human right and the basis for the rule of law. International human rights law obliges states to protect, fulfil and enforce the human rights of its citizens. Citizens have the right to justice, if their rights have been violated. Impunity, blanket amnesty as well as the lack to appropriate access to justice are some elements which hamper the right to justice. Crimes against humanity are exempted from blanket amnesty, according to Article 7 of the Rome Statute of the International Criminal Court(ICC)23, crimes against humanity means “any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: • • • • • • • Murder; Extermination; Enslavement; Deportation or forcible transfer of population; Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; Torture; Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; 21 Recent UN missions of inquiry, are the ones for Syria, Mynamar, South Sudan. For further missions of inquiry and their reports, see; https://www.ohchr.org/EN/HRBodies/HRC/Pages/COIs.aspx 22 The legal basis for Zimbabwean inquiry commission is the Commissions of inquiry act 10 07https://www.parlzim.gov.zw/acts-list/commissions-of-inquiry-act-10-07; also see the analysis and statement of the NTJWG regarding this inquiry commission http://www.ntjwg.org.zw/downloads/Response%20to%20the%20Appointment%20of%20the%20Commission %20of%20Inquiry.pdf st 23 The Rome Statute of the ICC entered into force on 1 of July 2002; https://www.icccpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be94-0a655eb30e16/0/rome_statute_english.pdf 14 DRAFT