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Chapter 36 - Missing Persons (Rule 117)

Published online by Cambridge University Press:  05 June 2012

Jean-Marie Henckaerts
Affiliation:
International Committee of the Red Cross
Louise Doswald-Beck
Affiliation:
Graduate Institute of International Studies, Geneva and University Centre for International Humanitarian Law
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Summary

Rule 117. Each party to the conflict must take all feasible measures to account for persons reported missing as a result of armed conflict and must provide their family members with any information it has on their fate.

Practice

Volume II, Chapter 36, Section A.

Summary

State practice establishes this rule as a norm of customary international law applicable in both international and non-international armed conflicts. The obligation to account for missing persons is consistent with the prohibition of enforced disappearances (see Rule 98) and the requirement to respect family life (see Rule 105). This rule is also supported by the obligation to record all available information prior to disposal of the dead (see Rule 116). The rules cross-referred to here all apply in both international and non-international armed conflicts.

International and non-international armed conflicts

The Geneva Conventions provide for the setting up of Information Bureaux whose role it is to centralise information on prisoners of war and civilians belonging to an adverse party, to transmit such information to that party and to open inquiries in order to elucidate the fate of missing persons. The Fourth Geneva Convention requires that parties to the conflict facilitate enquiries by persons looking for family members dispersed by the conflict. Additional Protocol I requires each party to the conflict to search for persons who have been reported missing by the adverse party. The obligation to account for missing persons is recognised in numerous agreements between parties to both international and non-international armed conflicts.

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Publisher: Cambridge University Press
Print publication year: 2005

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