A/RES/79/173
Missing persons
Noting the Agreement on the Status and Functions of the International
Commission on Missing Persons, 11 which established the Commission as an
international organization,
Noting with appreciation the ongoing international and regional efforts to
address the question of missing persons and the initiatives undertaken by international
and regional organizations in this field,
Noting the work of the Global Alliance for the Missing with the aim of
collectively bringing to bear diplomatic, political and financial capacities and
influence to improve the prevention of, and response to, the issue of missing persons,
Taking note of the report of the Secretary-General, 12
1.
Urges States to strictly observe and to respect and ensure respect for the
rules of international humanitarian law, as set out in the Geneva Conventions of
12 August 1949 and, where applicable, in the Additional Protocols thereto of 1977;
2.
Calls upon States parties to an armed conflict to take all appropriate
measures to prevent persons from going missing in connection with armed conflict,
to account for persons reported missing as a result of such a situation and, in cases of
missing persons, to take such measures, as appropriate, in order to ensure thorough,
prompt, impartial and effective investigations and the prosecution of offences linked
to missing persons, consistent with their obligations under international law, with a
view to full accountability, access to justice and adequate reparations;
3.
Calls upon States to take measures to prevent persons from going missing
in connection with armed conflict, including by fully implementing their obligations
and commitments under international humanitarian law and international human
rights law, including through the facilitation of the reunion of families dispersed as a
result of armed conflict, and to allow for the exchange of family news, consistent with
their international obligations;
4.
Urges States to avoid harm to civilians as an important factor in preventing
persons from going missing in connection with armed conflict, including in
minimizing the military use of civilian infrastructure, in accordance with applicable
international law;
5.
Reaffirms the right of families to know the fate of their relatives reported
missing in connection with armed conflict and the importance of ensuring their
participation in relevant processes related to actions taken in response to cases of
missing persons;
6.
Also reaffirms that each party to an armed conflict, as soon as
circumstances permit and, at the latest, from the end of active hostilities, shall search
for persons who have been reported missing by an adverse party and ensure that all
relevant information on those who died as a result of armed conflict is recorded;
7.
Calls upon States that are parties to an armed conflict to take all necessary
measures, in a timely manner, to determine the identity and fate of persons reported
missing in connection with the armed conflict, without any adverse distinction, and,
to the greatest extent possible, to provide their family members, through appropriate
channels, with all relevant information that they have on their fate, including their
whereabouts or, if they are dead, the circumstances and cause of their death;
8.
Recognizes the need for appropriate means of identification and for the
collection, protection and management of data on missing persons and unidentified
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United Nations, Treaty Series, vol. 3072, No. 53043.
A/79/282.
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