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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