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section_ihl_missing_persons

Section
Missing persons and international humanitarian law
Section on the various provisions of international humanitarian law that aim to ensure that people do not go missing as a result of armed conflict and that those who do are accounted for; facts on the issue of the missing, official statements, related documents.

Families have the right to be informed of the fate of missing relatives (API Art. 32) . The parties to a conflict must search for persons reported missing by an adverse party (API Art. 33) and facilitate enquiries made by members of families dispersed as a result of the conflict so as to help them restore contact with one another and try to bring them together again. The parties to a conflict must also encourage the work of organizations engaged in this task (GCIV Art. 26). A further responsibility incumbent upon the parties to a conflict concerns deceased persons: lists showing the exact location and markings of the graves, together with particulars of the dead interred therein, must be exchanged (API Art. 34) . Similar treaty-based and customary rules apply in non-international armed conflicts.

  • International Convention for the Protection of All Persons from Enforced Disappearance on the Office of the United Nations High Commissioner for Human Rights website
  • See also

  • Focus > The missing - a major ICRC initiative
  • ICRC Activities Restoring contact between families separated by war
  • Key document
      28-2-2009
      Guiding principles / Model Law on the missing
      Principles for legislating the situation of persons missing as a result of armed conflict or internal violence: measures to prevent persons from going missing and to protect the rights and interests of the missing and their families.
      (Humanitarian law\National implementation\Publications\Model laws)

      1-1-2004
      What does humanitarian law say with regard to the restoration of family links?
      Extract from ICRC publication International humanitarian law: answers to your questions
      (Humanitarian law\Missing persons)

      31-10-2003
      Missing Persons and their Families
      Fact sheet describing the problem of missing persons and providing recommendations for drafting national legislation in this area.
      (Humanitarian law\National implementation\Publications\Fact sheets)
      Fact Sheet Includes PDF

    International Review of the Red Cross
      30-6-2006
      The missing and transitional justice: the right to know and the fight against impunity
      The authors look at the ways in which transitional justice mechanisms may support the right of families to know the fate of their relatives, and how work to resolve the missing persons issue can be reconciled with an effective fight against impunity.
      (Info resources\International Review\2006 - No. 862)
      International Review of the Red CrossMonique Crettol, Anne-Marie La Rosa Includes PDF

      22-5-2006
      International Review of the Red Cross No 848 - Special issue on missing persons
      This special issue on missing persons examines protection work and restoration of family links, support for the families of missing persons, collection and management of personal data, and mechanisms for handling cases of missing persons.
      (Humanitarian law\Missing persons)
      International Review of the Red Cross

    Official Statement
      26-9-2007
      Panel on the Convention against Enforced Disappearance
      6th session of the United Nations Human Rights Council, statement by Mr Jacques Forster, vice-president International Committee of the Red Cross, Geneva, 26 September 2007
      (ICRC Activities\Humanitarian diplomacy\United Nations\Commission on human rights)
      Official Statement

      6-2-2007
      Ending enforced disappearances: a matter of urgency for the sake of humanity and justice
      Speech by Mr. Jakob Kellenberger, President of the ICRC, Official ceremony to mark the opening for signature of the International Convention for the Protection of all Persons from Enforced Disappearance, Paris - 6 February 2007
      (Humanitarian law\Missing persons)
      Official Statement

      1-11-2006
      Concerning the draft International Convention on the Protection of All Persons from Enforced Disappearance
      United Nations, General Assembly, 61st session, Third Committee, item 68 of the agenda, Statement by the International Committee of the Red Cross (ICRC), New York, 1 Novembre 2006
      (ICRC Activities\Humanitarian diplomacy\United Nations\61st General Assembly)
      Official Statement

      30-8-2006
      Hoping against hope
      The ICRC calls for the adoption of an International Convention against Enforced Disappearances. Speech by Philip Spoerri, director of law, International Committee of the Red Cross.
      (Humanitarian law\Missing persons)
      Official Statement

      27-6-2006
      Enforced disappearance: a violation of humanitarian law and human rights
      Statement by the International Committee of the Red Cross to the United Nations Human Rights Council, 27 June 2006, concerning the draft International Convention for the Protection of all Persons from Enforced Disappearances.
      (ICRC Activities\Humanitarian diplomacy\United Nations\Commission on human rights)
      Official Statement

    More in this section
      29-10-2009
      The International Tracing Service and the ICRC
      Since 1955 the ICRC manages the International Tracing Service (ITS) in Bad Arolsen which traces Nazi victims and their families. The ITS documents their fate and makes its archives available for research.
      (About the ICRC\History\Second World War)
      Includes Photo


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    21-11-2009