A/HRC/14/42
drafting legislation on the issue. The model law offers a framework legislation aiming to
help national authorities to bring legislation into conformity with the requirements of
international law.
III. Measures to prevent persons from going missing
18.
Under both international humanitarian law and human rights law, States are obliged
to take measures to prevent persons from going missing. In its resolution 61/155 of
14 February 2007, the General Assembly called upon States that were parties to an armed
conflict to take all appropriate measures to prevent persons from going missing in
connection with armed conflicts and account for persons reported missing as a result of
such a situation. Such measures, especially those of a legislative and institutional nature,
must preferably be adopted in peacetime.
19.
National authorities should establish strict lines of command within armed forces,
security forces and armed groups so as to ensure effective supervision.
20.
Proper identification of members of armed forces or armed groups is a key means of
preventing people from becoming missing in armed conflict. Personal records, identity
cards and identity discs are the only secure means of identification. Measures should be
taken to ensure that these means of identification are mandatory and properly used since
they can — in particular identity discs — help to establish the status of the persons who fall
into the hands of the adverse party and the identity of those who have been seriously
wounded or killed. The issue of identification also involves other populations at risk such as
isolated populations, civilians in conflict zone, displaced persons, the elderly and children.7
Furthermore, it is recommended that the personal data of members of armed forces or
armed groups and persons at risk, including in particular unaccompanied children, elderly
and disabled persons be properly registered, which may assist in a later identification of
mortal remains.
21.
National authorities should register deaths and issue the appropriate certificates.
Moreover, an information bureau8 and graves registration service,9 as provided for under
the 1949 Geneva Conventions, should be set up. More particularly, national information
bureaux should be tasked to collect and forward information (documents and objects) on
individuals protected by international humanitarian law (principally prisoners of war and
civilian internees) who have fallen into enemy hands. Registration of such persons is fully
in keeping with the objectives of humanitarian law, one of which is to protect persons not
or no longer taking part in hostilities. By setting up an information bureau in accordance
with the provisions of the 1949 Geneva Conventions, a party to an armed conflict provides
itself with a means of obtaining information about individuals who have gone missing
7
8
9
6
Missing”. Available from http://www.icrc.org/Web/eng/siteeng0.nsf/htmlall/model-law-missing300908/$File/Model%20law.missing-0209_eng%20.pdf.
The importance of identification of children is aptly emphasized in the report of the Secretary-General
on missing persons of 18 August 2008 (A/63/299). In particular, it states that “Means of personal
identification for minors is of importance in terms of prevention, as they are particularly vulnerable in
time of conflict, notably to forced recruitment. State authorities must, in that regard, take effective
measures to provide means of personal identification to minors with a view to preventing their
disappearance” (para. 16).
See Geneva Convention I, arts. 16, 17, para. 4; Geneva Convention II, arts. 19, para. 2, and 20;
Geneva Convention III, arts. 120–123, Geneva Convention IV, arts. 130, 136–138; Additional
Protocol I, art. 33, para. 3; and the Hague Regulations of 1907, art. 14.
See Geneva Convention I, art. 17, para. 3; Geneva Convention III, art. 120, para. 6; Geneva
Convention IV, art. 130, para. 3.
GE.10-12433
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents