A/HRC/16/70
armed conflict, protected persons were treated in conformity with the rules of international
humanitarian law, there would be fewer missing persons and fewer families without
information about the fate and whereabouts of their loved ones. In this context, the general
obligation of States parties to the 1949 Geneva Conventions7 to respect and to ensure
respect for the rules of international humanitarian law should be specifically mentioned.
20.
International rules regarding missing persons apply in both international and noninternational armed conflicts.
21.
Obligations relating to the issue of missing persons are incumbent not only on States
but also on the parties to an armed conflict. It should be emphasized that both 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 searches for
missing persons should continue without any time limit until all feasible measures to
account for the missing persons have been taken.
22.
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 of the parties to armed
conflicts. Thus, each party to a conflict must ensure that the forces, persons or groups under
its command or control are aware of their obligations under international humanitarian law
and of 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. Likewise, members of the armed forces and the civilian
population should receive the necessary education in international human rights law.
23.
International humanitarian law must be duly incorporated into domestic legislation.
Enacting domestic legislation is highly important when dealing with the issue of missing
persons, preventing people from going missing, 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.8 In this respect, a specific law on missing persons
that was adopted in Bosnia and Herzegovina9 is noteworthy. 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. Specifically,
the adoption and effective implementation of legal rules aimed at combating, at both the
domestic and international levels, all forms of sexual exploitation of women and girls must
be a primary consideration.
24.
ICRC has prepared a draft model law on missing persons10 containing the main
elements to be taken into account by States when 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.
7
8
9
10
6
United Nations, Treaty Series, vol. 75, Nos. 970-973.
In a resolution on missing persons adopted at its 115th Assembly, the Inter-Parliamentary Union
declared that national policies should entail the passage and enactment of a national law on missing
persons, accompanied by the necessary regulatory and administrative measures.
See Official Gazette of Bosnia and Herzegovina, No. 50, 9 November 2004.
See Guiding Principles / Model Law on the Missing, available from the ICRC website
(www.icrc.org).
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