A/HRC/14/42
likelihood that people will go missing. Such measures might be practical and of a general or
specific nature, as detailed in the following section. Also, they must ensure that their laws
implement their international obligations aimed at preventing persons from becoming
unaccounted for and accounting for persons missing as a result of an armed conflict.
Measures on implementation of international humanitarian law should be adopted by States
in times of peace so as to ensure that international humanitarian law is immediately
applicable in case of conflict.
13.
Obligations relating to the issue of missing persons are incumbent not only on
States, but also on the parties to an armed conflict. Each party to an armed conflict must
take all feasible measures to account for persons reported missing as a result of an armed
conflict and must provide their family members with any information it has on their fate. It
is to be underlined that States and parties to an armed conflict continue to be bound by
certain obligations of international humanitarian law even if the conflict has ended. For
instance, it is obvious that the search for missing persons should continue without any time
limit until all feasible measures to account the missing persons have been taken. In practice,
this means that the measures are often carried out after the conflict, because it is only at that
time that parties are in a position to fulfil their obligations.
14.
The rules of international humanitarian law, including those to prevent persons from
going missing, cannot be respected if they are not known. Dissemination of international
humanitarian law is therefore the responsibility of States and the parties to armed conflicts.
Thus, each party to a conflict must ensure that the forces under its command are aware of
their obligations under international humanitarian law and their responsibility for any
failure to comply with the relevant provisions. The civilian population, including civil
servants, should receive the necessary education in international humanitarian law.
Furthermore, members of the armed forces and the civilian population should receive the
necessary education in international human rights law.
15.
International humanitarian law must be duly incorporated into domestic legislation.
Enacting domestic legislation is highly important in dealing with the issue of missing
persons, preventing disappearances, ascertaining the fate of missing persons, ensuring the
proper management of information and supporting the families of missing persons. There
may be good reasons for bringing together into a single law relevant provisions relating to
missing persons.4 In this respect, a specific law on missing persons that was adopted in
Bosnia and Herzegovina5 should be noted. National legislation concerning the punishment
of grave breaches of international humanitarian law, the treatment of prisoners of war and
the protection of civilians is also pertinent.
16.
Furthermore, all necessary measures must be provided for in domestic legislation for
the suppression of all acts contrary to international humanitarian law, whether committed
by members of the armed forces, public officials or civilians.
17.
The International Committee of the Red Cross has prepared a draft model law on
missing persons6 containing the main elements to be taken into account by States when
• Similar treaty-based and customary rules apply in situations of non-international armed conflicts
4
5
6
GE.10-12433
See also http://www.help.cicr.org/Web/Eng/siteeng0.nsf/htmlall/section_ihl_missing_persons?OpenDocument.
In a resolution on missing persons adopted at its 115th Assembly, the Inter-Parliamentary Union
indicated that the national policies should entail the passage and enactment of a national law on
missing persons, accompanied by the necessary regulatory and administrative measures. Resolution
available from http://www.ipu.org/conf-e/115/115-3.htm.
See Official Gazette of Bosnia and Herzegovina, No. 50, 9 November 2004.
For details of the areas the model law covers, see A/HRC/10/28, para. 20. For the model law, see
ICRC, Advisory Service on International Humanitarian Law, “Guiding Principles/Model Law on the
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