The Missing Persons of International Law Scholarship

2021 ◽  
pp. 230-264
Author(s):  
Tamar Megiddo
Keyword(s):  
International Law ◽  
Missing Persons

Advances and progress in the obligation to return the remains of missing and forcibly disappeared persons

2017 ◽  
Vol 99 (905) ◽  
pp. 709-733
Author(s):  
Grażyna Baranowska
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Community ◽  
International Courts ◽  
Missing Persons

AbstractThis article analyzes the evolution in international law of the obligation to search for and return the remains of forcibly disappeared and missing persons. Receiving the remains of forcibly disappeared and missing persons is one of the primary needs of their families, who bring the issue to international courts and non-judicial mechanisms. This obligation has been incrementally recognized and developed by different human rights courts, which have included the obligation to search for and return the remains of disappeared persons in their remedies. In parallel to the development of the obligation by international courts, the international community has begun to become more involved in assisting in return of the remains of forcibly disappeared and missing persons to their families.

Implementing international law: An avenue for preventing disappearances, resolving cases of missing persons and addressing the needs of their families

2017 ◽  
Vol 99 (905) ◽  
pp. 547-567 ◽  
Author(s):  
Ximena Londoño ◽  
Alexandra Ortiz Signoret
Keyword(s):  
International Law ◽  
National Level ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Policy Reforms ◽  
Missing Persons ◽  
National Implementation ◽  
The Right To Know ◽  
The Right

AbstractInternational humanitarian law and international human rights law seek to prevent people from going missing, and to clarify the fate and whereabouts of those who do go missing while upholding the right to know of their relatives. When implementing international law at the domestic level, national authorities should plan carefully before engaging in any policy or legal reform that will address the issue of missing persons and the response to the needs of their families. This article seeks to present a general overview of the provisions of international law that are relevant to understanding the role of national implementation vis-à-vis the clarification of the fate and whereabouts of missing persons and the response to the needs of their relatives. It also presents the role that the ICRC has played in this regard and highlights three challenges that may arise at the national level when working on legal and policy reforms.

The Judgment of the European Court of Human Rights in the Case of Cyprus v. Turkey

2002 ◽  
Vol 15 (1) ◽  
pp. 225-236
Author(s):  
Loukis G. Loucaides
Keyword(s):  
Human Rights ◽  
International Law ◽  
Wide Spectrum ◽  
Missing Persons ◽  
Administrative Practice ◽  
Legal Questions ◽  
Military Presence ◽  
European Court ◽  
First Time ◽  
Legal Consequences

On 10 May 2001 the European Court of Human Rights delivered the above Judgment which pronounces for the first time on the overall legal consequences of Turkey's invasion and continued military presence in Cyprus since 1974. The Judgment is important in many respects. It deals with a wide spectrum of systematic violations and decides certain significant legal questions in the sphere of international law and of human rights in particular pertaining to state responsibility, continuing violations, liability for missing persons, denial of access to homes and property, domestic remedies by de facto organs and administrative practice. The Judgment is also noteworthy for its various dissenting opinions.

scholarly journals International law's and International judiciary's help in finding missing persons in armed conflicts on territory of ex SFRJ and AP KiM

2021 ◽  
Vol 18 (2) ◽  
pp. 127-140
Author(s):  
Jasmina Krštenić ◽  
Jovana Tomić
Keyword(s):  
International Law ◽  
International Conflict ◽  
Interpersonal Relations ◽  
Armed Conflicts ◽  
Innocent People ◽  
Missing Persons ◽  
The Future ◽  
The Law ◽  
Truth Finding

The law is made to help in solving problems that appear in interpersonal relations and burden their existence, cooperation, and future. For different sort of problems, different law branches are engaged. The problem of armed conflicts, warfare and suffering follow humankind and civilization from ancient human communities. It seems impossible the living without conflicts, and more discouraging thing, the future is not spa-red from similar happenings. Innocent people suffer in armed conflicts no matter if there is local or regional, international conflict. Many people are recorded as missing persons. Years have passed, no results are available in order of finding the truth, finding bodies; suffering of relatives to alleviate. International law and the international judiciary must give answer, protection, and lesson. The truth is important for the unjustified suffering of the victims, for reconciliation which directs the future.

Determining the fate of missing persons: The importance of archives for “dealing with the past” mechanisms

2017 ◽  
Vol 99 (905) ◽  
pp. 663-688 ◽  
Author(s):  
Elisabeth Baumgartner ◽  
Lisa Ott
Keyword(s):  
International Law ◽  
Information Management ◽  
Transitional Justice ◽  
Specific Role ◽  
The Past ◽  
Missing Persons ◽  
Law And Policy

AbstractThis article discusses the role of archives of transitional justice and “dealing with the past” (DWP) mechanisms when determining the fate of missing persons. The concept of dealing with the past, the terms “enforced disappearance” and “missing person”, and the specific role of archives in periods of transition are examined. Subsequently, specific questions and challenges related to access and use of archives by DWP mechanisms, including those mechanisms with a mandate to determine the fate of missing persons, are described. Many questions related to access to archives, information management and preservation of records are similarly applicable to DWP mechanisms in general and to specific mechanisms mandated to search for missing persons. The article provides some examples of States’ obligations related to maintaining and providing access to archives that could assist in the search for missing persons under international law and policy. The article concludes by emphasizing the importance of the preservation and protection of archives relevant for dealing with the past. It further highlights the need to grant DWP mechanisms, especially those aimed at determining the fate of missing persons, access to those archives.

United Nations Security Council Resolution 2474

2020 ◽  
Vol 59 (1) ◽  
pp. 11-16
Author(s):  
Claire Clement
Keyword(s):  
United Nations ◽  
International Law ◽  
Security Council ◽  
Armed Conflict ◽  
United Nations Security Council ◽  
Collective Voice ◽  
Effective Implementation ◽  
Missing Persons ◽  
Un Security Council ◽  
First Time

On June 11, 2019, the United Nations (UN) Security Council unanimously adopted Resolution 2474 on missing persons in armed conflict. The resolution marks the first time the Security Council has agreed on a thematic text dedicated to this issue, lending its collective voice to call for more effective implementation of existing obligations towards missing persons—both civilian and military—and their families under international law.

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