A/HRC/10/28
page 3
I. INTRODUCTION
1.
The Human Rights Council, in its resolution 7/28, requested the Secretary-General to
submit a comprehensive report on missing persons before its tenth session. The
Secretary-General submitted a report dated 18 August 2008 on missing persons to the
General Assembly (A/63/299). That report covered the thematic subjects of (a) measures to
prevent persons from going missing; (b) the right of families to know; (c) the use of forensic
methods and DNA forensic sciences in searching for and identifying missing persons; and
(d) missing persons and the issue of impunity. The contents of the report were essentially based
on responses to a note verbale addressed to States and intergovernmental and non-governmental
organizations.
2.
The General Assembly took note with appreciation of the above-mentioned report and
adopted resolution 63/183 on missing persons without a vote. In the resolution, the Assembly
called on States parties to an armed conflict to take measures to prevent persons from going
missing in connection with the conflict and to account for persons reported missing as a result of
such situations. It also called on those States to determine the identity and fate of persons
reported missing in connection with the armed conflict and, to the greatest extent possible,
provide their family members with information on their fate. It urged States to encourage
intergovernmental and non-governmental organizations to provide appropriate assistance as
requested by concerned States, and welcomed the establishment and efforts of commissions and
working groups on missing persons. Without prejudice to States’ efforts to determine the fate of
missing persons in connection with armed conflicts, the Assembly requested States to take
appropriate steps in terms of the legal situation of missing persons and the needs of their family
members. It also stressed the need for the issue of missing persons to be part of peacebuilding
processes, with reference to all justice and rule of law mechanisms. The Assembly also
welcomed the panel discussion on the question of missing persons held by the Human Rights
Council at its ninth session.
II. EXPERT PANEL DISCUSSION ON MISSING PERSONS
3.
The present report builds on the developments since the report of the Secretary-General on
missing persons, submitted to the General Assembly in August 2008, taking into account the
contents and requests made by the Council in its resolution 7/28. The Council decided, in its
resolution 7/28, to hold a panel discussion on the question of missing persons and to invite
prominent experts. The panel discussion was held on 22 September 2008 during the ninth session
of the Council.
4.
The panel was composed of Cordula Droege, Legal Adviser, Legal Division of the
International Committee of the Red Cross (ICRC); Vefaeddin Ibayev, Judge of the Supreme
Court of Azerbaijan; Karyne Minasyan, Director of the Human Rights Center for Prisoners of
Wars, Hostages and Missing in Action and Coordinator in Armenia of the International Working
Group for prisoners of wars, hostages and people missing in action; Marco Sassoli, Professor,
Geneva Academy on Human Rights and International Humanitarian Law; Michel Veuthey,
Professor and Vice-President of the International Institute of Humanitarian Law (San Remo
Institute); and Kathryine Bomberger, Director-General of the International Commission on
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