A/HRC/18/25
violations of international humanitarian law. However, a report of the National Research
Council entitled, “Strengthening Forensic Science in the United States: A path forward”
(2009), which underlines that DNA analysis is the only forensic method capable of
consistently linking evidence to specific individuals and with a high degree of certainty,
would suggest that the obligation to investigate includes making use of forensic genetics
where necessary. Regarding the development of a manual, ICMP reaffirms the position that
it had expressed in its contribution to the 2010 OHCHR report, and which is reflected in
that report. It further stated that forensic genetics stands as the most rigorously established
scientific basis for victim identification. Accordingly, the international community should
seek mechanisms by which this tool can be used to maximum benefit. Taking steps that
would create an obligation on States to use forensic genetics to investigate violations of
human rights and international humanitarian law would be a desirable outcome.
IV.
Conclusions
41.
The obligation to investigate gross violations of human rights law and serious
violations of international humanitarian law is clearly established in international
human rights and humanitarian law, and regional human rights instruments and
jurisprudence. Linked to the duty to prosecute, it is also an aspect of the right to the
truth.
42.
Forensic genetics, including the creation and operation of genetic databanks,
plays a central role in the investigation of gross violations of human rights law and
serious violations of humanitarian law, in the identification of victims, where the
victim has been killed or has disappeared, and in the restitution of the identity of
victims. As a tool, it becomes ever more relevant and important in light of the
technological advances made in the field in recent years, enabling large-scale
identification to take place.
14
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