Journal articles on the topic 'Missing persons (International law)'
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1
Nykyforchuk, Dmytro, Ivan Okhrimenko, Dmytro Chemerys, Viacheslav Blikhar, Zoryana Kisil, and Oksana Shevchuk. "Analytical Work on Missing Persons Search: Modern View of the Problem." Cuestiones Políticas 40, no. 73 (July 29, 2022): 550–69. http://dx.doi.org/10.46398/cuestpol.4073.31.
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The article is devoted to the analysis of law enforcement agencies’ activities to search for missing persons. The purpose of the study is to examine the peculiarities of the analytical work of law enforcement agencies on missing person’s search. The methodological bases are general scientific and special scientific methods and techniques of scientific knowledge (systemic, formal-logical, structural-functional, sociological, historical and axiological). It is concluded that the criteria for law enforcement agencies to search for missing persons are the general state of search work, search for certain categories of missing persons, trends and processes that cause missing persons, causes and conditions of missing persons, results of police operations and special operations conduct. It is determined that the consolidation and combination of efforts of different units and services during the search work helps to increase the number of facts of locating missing persons. Attention is paid to the identification of factors influencing the assessment of the search work. The state of the international search missing persons is analyzed. The necessity of using the positive experience of European countries in the outlined activities is substantiated.
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Baranowska, Grażyna. "The Rights of the Families of Missing Persons: Going Beyond International Humanitarian Law." Israel Law Review 55, no. 1 (October 21, 2021): 25–49. http://dx.doi.org/10.1017/s0021223721000182.
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The main aim of the article is to test how states implement international humanitarian law (IHL) with regard to the families of missing persons. The article shows relevant IHL shortcomings and compares them with rules applicable in cases of enforced disappearance. The national legislation collected in the section titled ‘The Missing and Their Families’ of the National Implementation Database of the International Committee of the Red Cross is then examined. The analysis addresses three core questions that are particularly relevant for families of missing persons: (1) Who is considered a missing person under each law? Approaching this question allows the testing of whether states follow the understanding of ‘missing persons’ under IHL treaty law. The second and third questions address two issues that are crucial for families of missing persons that are not addressed in IHL: (2) How is the legal status of the missing person regulated? (3) Are family members provided with measures of reparation and/or assistance? This approach reveals that states rarely apply the IHL understanding of ‘missing persons’ and predominantly exceed IHL by addressing some of the identified shortcomings. It further shows that states provide families of missing persons either with reparation measures – in cases of human rights violations – or, less often, with measures of assistance in post-conflict situations.
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Sydorenko, S. "FEATURES OF LEGAL STATUS OF MISSING PERSONS DURING MARTIAL LAW IN UKRAINE." Scientific Notes Series Law 1, no. 13 (March 2023): 172–76. http://dx.doi.org/10.36550/2522-9230-2022-13-172-176.
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The article is devoted to determination of essence and content of legal status of persons missing under special circumstances. It is established that persons missing under special circumstances are endowed with a special legal status, which serves as an addition to their general legal status. Such grounds for obtaining legal status by persons as legal personality of a person as a set of legal capacity and capacity are characterized; the totality of subjective rights of a person, legal obligations and legal liability is distinguished as elements constituting the content of the general legal status of persons missing under special circumstances. It is argued that the presence of legal gaps in the administrative and legal regulation of the legal status of persons missing under special circumstances prevents the necessary and timely realization of the rights and freedoms of persons missing during the legal regime of martial law in Ukraine, slows down the procedure for protecting the violated rights of such persons and their restoration. The belonging and completeness of legal support of the rights and freedoms of persons missing under special circumstances is considered as a kind of indicator of the ability of public authorities to organize and search for such persons. The article analyzes the basic rights of persons missing under special circumstances provided by the special legislation of Ukraine, which belong to the elements of the legal status of such persons. It has been investigated that the peculiarities of legal status of persons missing under special circumstances are legally assigned to certain categories of persons: persons authorized to perform the functions of the state, and persons missing under special circumstances during military service. Emphasis is placed on the lack of a clear definition of the term "missing person" in international law, the main international treaties are analyzed in the context of the issue under study. It is emphasized that the rules of international law are harmonized with national legislation in such areas as social protection, family legal relations, labor relations, protection of property rights.
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Baranowska, Grażyna. "Advances and progress in the obligation to return the remains of missing and forcibly disappeared persons." International Review of the Red Cross 99, no. 905 (August 2017): 709–33. http://dx.doi.org/10.1017/s181638311800036x.
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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.
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Londoño, Ximena, and Alexandra Ortiz Signoret. "Implementing international law: An avenue for preventing disappearances, resolving cases of missing persons and addressing the needs of their families." International Review of the Red Cross 99, no. 905 (August 2017): 547–67. http://dx.doi.org/10.1017/s1816383118000528.
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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.
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Vukonjanski, Igor, and Darko Obradović. "Legal principles and mechanism in relation to missing persons in SFRY and AP KiM." Megatrend revija 18, no. 2 (2021): 113–26. http://dx.doi.org/10.5937/megrev2102113v.
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Resolving the issue of missing persons in the former SFRY, including cases of disappearances and abductions in Kosovo and Metohia, is an important humanitarian and political issue. The process of reconciliation is based on the building of multiethnic societies democracy, the rule of law and tolerance in the region largely depend on solving this complex problem. At the same time, it is the obligation of the competent authorities towards the families of missing persons who have the right to know the truth about the fate of their loved ones. As the solution of the problem of missing persons should be approached primarily as humanitarian law, it was noticed that from the very beginning of this process there is a high degree of politicization. Although the need to find out the truth about the fate of persons who disappeared during the armed conflicts is expressed primarily among their family members, and then sporadically appears on the agenda of meetings of statesmen in the region, in reality there are real obstacles to the search for missing persons. These obstacles range from insufficient capacity of state bodies involved in the search for missing persons, insufficient financial resources, to a lack of political will to improve regional cooperation and a determination to make the search for missing persons more efficient. As a consequence of the described situation, it is evident that the process is slowing down and giving priority to activities on the ethnic rather than humanitarian principle, which would enable this problem to be solved to approximately the same scope and dynamics in the entire region. Also, an insufficient degree of cooperation and openness in the exchange of information between participants in the process and cooperation for the necessary planning and synchronization of activities and the most precise determination of the dynamics in the process of exhumations and identifications in the region was noticed. Therefore, the denial of information on abductees and missing persons was characterized as a gross violation of the human rights of their family members. On the other hand, there remains an obligation that all perpetrators of crimes such as kidnappings and other acts of violence against civilians must be brought to justice in accordance with international norms and applicable domestic law. Therefore, the aim of this paper is to show the importance of consistent application of international legal frameworks in the protection of the rights of missing persons and their families, with special reference to the relationship between international and national legal framework for clarifying the fate of missing persons.
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Clement, Claire. "United Nations Security Council Resolution 2474." International Legal Materials 59, no. 1 (February 2020): 11–16. http://dx.doi.org/10.1017/ilm.2019.58.
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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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Cordner, Stephen, and Helen McKelvie. "Developing standards in international forensic work to identify missing persons." Revue Internationale de la Croix-Rouge/International Review of the Red Cross 84, no. 848 (December 2002): 867. http://dx.doi.org/10.1017/s1560775500104213.
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Baumgartner, Elisabeth, and Lisa Ott. "Determining the fate of missing persons: The importance of archives for “dealing with the past” mechanisms." International Review of the Red Cross 99, no. 905 (August 2017): 663–88. http://dx.doi.org/10.1017/s181638311800053x.
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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.
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Nuñez Pastor, Mayra. "Behind the legal curtain: Social, cultural and religious practices and their impact on missing persons and the dead in Colombia." International Review of the Red Cross 102, no. 914 (August 2020): 721–43. http://dx.doi.org/10.1017/s1816383121000722.
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AbstractThis paper examines social, cultural and religious factors that affect the implementation of international humanitarian law concerning dead and missing persons in non-international armed conflicts. To this end, the behaviour of both armed groups and civil society is studied. The argument made in the paper is that in some cases endogenous and exogenous systems of value (social, religious and cultural understandings), operating within the logic of armed non-State actors and within local communities, should be considered by policies concerning the search for missing persons. The Colombian armed conflict is used as case study; the social, cultural and religious practices of the National Liberation Army and the Revolutionary Armed Forces of Colombia – People's Army are analyzed as examples. Likewise, social and cultural values within affected populations can impact on post-conflict mechanisms agreed upon by the parties concerning the search for missing persons, and vice versa. Consequently, customs and traditions such as the “adoption” of unidentified buried people by local communities (social resignification of the dead) and the practices of indigenous communities are reviewed in order to establish a holistic framework.
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Abdurrahmani, Bledar. "Missing Persons from the Communist Era in Albania as a Human Rights Challenge." Interdisciplinary Journal of Research and Development 11, no. 1 S1 (April 23, 2024): 137. http://dx.doi.org/10.56345/ijrdv11n1s121.
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Although more than three decades have passed since the fall of communism in Albania, nothing is still known about the burial place of over 6,000 missing persons. Family members still do not know the truth about the fate of their missing relatives. Such a thing not only represents a serious violation of the right to life, but has been causing a continuous suffering to the relatives of the missing people. During the last decades, a number of international and domestic laws have focused on the state obligation to create the necessary approach and mechanisms to handle this issue. The paper aims to make an analysis of the legal status of the missing people from the communist era in international and domestic law. In particular, the paper aims to examine domestic measures about this issue. The paper supports the hypothesis that despite the legal and institutional measures undertaken, the issue of missing persons from the communist era in Albania still represents a social and human rights challenge. Received: 25 December 2023 / Accepted: 25 February 2024 / Published: 23 April 2024
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Leyva Morelos Zaragoza, Salvador. "The Mexican General Law on the Forced Disappearance of Persons, Disappearances Committed by Individuals and the National Missing Persons System: How Many Steps Forward?" Mexican Law Review 12, no. 1 (June 27, 2019): 125. http://dx.doi.org/10.22201/iij.24485306e.2019.2.13641.
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In 2017, more than 40 years after some of the first documented cases of forced disappearance in Mexico, the General Law on the Forced Disappearance of Persons, Disappearances Committed by Individuals and the National Missing Persons System was published. The approval and enactment of the General Law constitutes a step toward ensuring the free and full enjoyment of human rights of victims of forced disappearance and their next of kin, in accordance with the international human rights standards concerning forced disappearances established by international human rights treaties, the Inter- American Court of Human Rights case law, the recommendations issued by the United Nations Committee and Working Group on Forced or Involuntary Disappearances, and the Inter-American Commission on Human Rights. The General Law introduces and modifies institutions, procedures and guidelines that contribute to ensuring the rights to justice, truth and reparation. However, the General Law does not fully comply with international human rights standards regarding military jurisdiction and criminal responsibility within the chain of command. Also, the proper and effective implementation of the General Law requires strong political will and sufficient material and human resources from the three levels of government. Otherwise, the General Law will simply be regarded as a piece of paper.
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Vecsey, Nicolas. "International Committee of the Red Cross: Co-operation between the Central Tracing Agency of the International Committee of the Red Cross and National Red Cross and Red Crescent Society Tracing Services." International Review of the Red Cross 28, no. 264 (June 1988): 257–62. http://dx.doi.org/10.1017/s0020860400073897.
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The Central Tracing Agency (CTA) exists to clear away such doubt, and to do so it has fixed as its four main tasks:1. to obtain, register, process and pass on all information that can identify persons whose case has been taken up by the ICRC;2. to ensure exchanges of family correspondence where normal communications are interrupted;3. to trace persons whose relatives have no news of them or who have been reported missing;4. to organize the reuniting of families, transfers of persons and repatriations.
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Filippova, A. "Recognition of foreigners and stateless persons as missing or declaring them dead during the state of martial." Analytical and Comparative Jurisprudence, no. 3 (July 18, 2023): 79–82. http://dx.doi.org/10.24144/2788-6018.2023.03.14.
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The article highlights the issue of recognizing foreigners and stateless persons as missing or declaring them dead as one of the key problems facing Ukraine and the international community in connection with the full-scale invasion of the Russian Federation on the territory of Ukraine. Thus, since February 24, 2022, more than 15,000 people, including foreigners and stateless persons, have disappeared as a result of armed aggression in the country.Based on the analysis of current normative legal acts of the national legislation, the grounds and legal consequences of recognizing a natural person as missing or declaring him dead have been determined. It was established that the last of the known personal laws of a person is of key importance in the issue under consideration. Approaches for determining the personal law of an individual are given. Attention is focused on the concept of a person who went missing under special circumstances, such as military operations and the temporary occupation of part of the territory of Ukraine. The procedure for recognizing a natural person as missing or declaring him dead is outlined in detail. International treaties, in particular bilateral agreements of Ukraine, are considered, which regulate the issue under study, in particular, the Resolution of the Parliamentary Assembly of the Council of Europe of June 25, 2015, which is dedicated to missing persons during the armed conflict in Ukraine. The experience of foreign countries in regulating the researched issue, namely the procedures and methods of searching for missing persons, which can become a positive experience for implementation in our country, is analyzed. Ukraine is already moving towards improving this system by introducing the Unified Register of Persons Disappeared Under Special Circumstances. It found that domestic legislation provides the basis for declaring foreigners missing, but the process could be improved through cooperation with foreign governments and organizations.
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Lolić, Sofija, and Julijana Račić. "The importance and role of legal sciences in resolving the problems of missing persons in armed conflicts in the former SFRY and AP KiM." Megatrend revija 18, no. 2 (2021): 141–54. http://dx.doi.org/10.5937/megrev2102141l.
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In this paper, the authors accentuate constitutional and legislation governing human rights through the issue of missing persons in armed conflicts in the period from 1992 to 2000. At the same time, it contains statistical data on the reported international Committee in so-called closed cases, open cases, cases closed since the beginning of 2020, the persons presumed to be dead but whose remains are assumed. They have not yet been found and returned to families, whose fate is still unknown, about the persons who are known to be alive, found by the persons identified and submitted to families, and finally cases that are closed for administrative reasons. The need to be adopted by the Law on Persons who have disappeared during the armed conflict. What was preceded by this work were two decades without an answer to the question of what happened to the missing persons on the territory of the SFRY, with special reference to KiM.
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BLUMENSTOCK, TILMAN. "Legal Protection of the Missing and Their Relatives: The Example of Bosnia and Herzegovina." Leiden Journal of International Law 19, no. 3 (October 2006): 773–93. http://dx.doi.org/10.1017/s0922156506003578.
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More than a decade after the end of the conflict in Bosnia and Herzegovina, the issue of missing persons remains a major obstacle to reconciliation. With a focus on Bosnia and Herzegovina, this article looks at the phenomenon of missing persons and reviews the scope of the legal protection available to the victims and their family members, as well as some of the institutional efforts to shed light on their fate. The article describes the progressive development of the jurisprudence of the Human Rights Chamber for Bosnia and Herzegovina, a court modelled on the procedures of the European Court of Human Rights, which held that Bosnian authorities who are withholding from family members information about missing persons are violating their right not to be subjected to inhuman or degrading treatment and their right to respect for private and family life. It further illustrates the positive effects on politicians and lawmakers which can emanate from transitional justice.
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Gauci, Jean-Pierre. "Protecting Trafficked Persons through Refugee Protection." Social Sciences 11, no. 7 (July 8, 2022): 294. http://dx.doi.org/10.3390/socsci11070294.
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This paper critically engages with the long-term protection of trafficked persons. In particular, it assesses whether, and the conditions under which, trafficked persons can be considered as refugees under Article 1A of the Geneva Refugee Convention. The importance of international refugee law in this context is highlighted both by the number of trafficked persons seeking international protection and by its suitability to overcome the shortcomings of existing protection provisions in anti-trafficking instruments, which remain discretionary, conditional, and limited in scope. The paper begins by discussing the relevance of refugee protection for trafficked persons. It then applies the various components of the refugee definition to trafficked persons, focusing on the concepts of persecution and membership of a particular social group. Within these, it focuses on aspects of the debate that are currently missing from the broader literature. This includes the question of whether trafficking qua trafficking meets the threshold of persecution and the value of developments in international law in that regard, the merit of using race as a convention ground in cases of trafficked persons, and the contribution of legislative developments recognizing former victims of trafficked persons as members of a particular social group. It then concludes by highlighting the benefits of refugee protection for trafficked persons and indicating the challenges on the road to that protection.
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Krštenić, Jasmina, and Jovana Tomić. "International law's and International judiciary's help in finding missing persons in armed conflicts on territory of ex SFRJ and AP KiM." Megatrend revija 18, no. 2 (2021): 127–40. http://dx.doi.org/10.5937/megrev2102127k.
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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.
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Sarkin, Jeremy Julian. "The Need for a New Paradigm in International Law to Provide International Protection." International Human Rights Law Review 10, no. 2 (November 29, 2021): 247–90. http://dx.doi.org/10.1163/22131035-10020002.
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Abstract Too little is provided, not only in international law, but also by the United Nations, for victims around the world. This article therefore argues that a new paradigm is needed. It uses the conflict in Syria since 2011, specifically focusing on how enforced disappearances and arbitrary detentions have been used, to examine these questions. It has been reported that at least 150,000 people have been affected by these practices, but the number may be as high as a million. Because the state has used these practices methodically, they amount to a widespread and systemic attack on the civilian population and, therefore, to crimes against humanity. While the Syrian regime is primarily responsible, non-state actors have also been committing these types of crimes. The article discusses the general processes that have been set up to deal with the conflict in international law and by the United Nations in places like Syria. It finds that very little has been done to end the conflict in Syria, other than mediation. The article then reviews the international processes dealing with disappearances and detentions in Syria that families can report to, and the role these institutions have played so far. It again finds that very little has been achieved. The article also examines other countries where processes have been set up to deal with missing and disappeared persons, such as Armenia, Azerbaijan, Bosnia-Herzegovina, Cyprus, and Georgia, to learn the lessons from these past processes for the Syrian situation. It is argued that, generally when mass atrocities occur, the UN on rare occasions will create an accountability process, but never creates a process that focuses on the needs of victims: finding their loved ones, getting them released from custody if they are alive, or finding the truth about what happened to them and where their remains are. The article therefore argues that a new mechanism is needed for Syria (but also for other places) to get people released, and to find information on others whose whereabouts are unknown due to the conflict and/or the mass human rights abuses. It contends that the mechanism could be set up by the UN, and if not, by a regional actor such as the European Union, or by several states. It is reasoned that the mechanism ought to have a Board made up of a representative each from the International Committee of the Red Cross (icrc), the International Commission on Missing Persons (icmp), the UN Working Group on Enforced or Involuntary Disappearances (wgeid), the UN Working Group on Arbitrary Detentions (wgad) and a Syrian organisation, elected each year.
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Teteriatnyk, Hanna, Vadym Piaskovskyi, Anna Myrovska, Andrii Sakovskyi, and Daria Gunchenko. "International standards for criminal proceedings in emergency legal regimes." Cuestiones Políticas 40, no. 72 (March 7, 2022): 509–30. http://dx.doi.org/10.46398/cuestpol.4072.29.
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The article aims to study the theoretical and applied aspects of pre-trial research in emergency legal regimes such as: martial law, the state of emergency or the area of joint forces operation in Ukraine. International legal requirements for due process in criminal proceedings during emergency legal regimes are analyzed. It is claimed that the existing experience in Ukraine of normative regulation of criminal proceedings under the conditions of special legal regimes is inefficient, fragmentary, and therefore does not fully correspond to modern ideas about human rights and the democratic and legal state. The perspectives for the application of the jurisprudence of the European Court of Human Rights in criminal proceedings under emergency legal regimes are identified. It was concluded that the investigating authorities carry out all the means to establish the facts of the disappeared persons in the area of Operation of Joint Forces within the framework of the criminal process, which will allow to comply, in theory, with all the requirements for the effectiveness of the investigation. The basis for the formation of legislation on this subject should be the relevant law on missing persons.
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Abdurrahmani, Bledar, and Tidita Abdurrahmani. "TRUTH REVELATION INSTRUMENTS IN POST-COMMUNIST ALBANIA: TRANSITIONAL JUSTICE NON-FEASANCE IN INVESTIGATING COMMUNIST CRIMES AND THE FATE OF MISSING PERSONS." Access to Justice in Eastern Europe 7, no. 2 (April 30, 2024): 10–38. http://dx.doi.org/10.33327/ajee-18-7.2-a000215.
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Background: During 45 years of dictatorship in Albania, many people were accused, convicted, imprisoned, exiled, or persecuted for “offences” of a political nature (under the communist law), thereby violating basic human rights. A series of legal measures have been enacted during the 30 years of democratic developments to deal with the bitter past and, especially, the crimes of the communist period. Methods: This study contributes to making a normative evaluation of the status of the right to the truth in international law. The paper focuses on the most important state obligations for giving effect to this right, such as the prosecution of serious violations of fundamental rights and the issue of missing persons. The study uses a qualitative interpretation of the Albanian legislation model built to unveil the truth regarding the violations that occurred during the communist regime, including criminal prosecution and trials and the issue of missing persons. The study is conducted based on a methodology that analyses four variables in each of these policies, specifically: the policies contributing to revelation, the legal and empirical challenges encountered, the constitutional and legal basis of these measures, and the results achieved in practice. Results: The measures set up along the democratic developments in Albania to investigate serious violations of fundamental rights committed by ex-communist officials did not contribute to achieving transitional justice goals. Conclusions: The crimes committed by ex-communist officials during the communist regime in Albania were never punished, and the truth about past atrocities while using the criminal law in Albania was never revealed. In Albania’s recent years, regardless of the change of trajectory in dealing with the issue of 6000 missing persons’ remains from the communist period, no tangible results are found, leaving the truth about their fate buried, turning it into a serious concern in the framework of guaranteeing human rights. Failure to account for the whereabouts and fate of the missing persons in Albania gives rise to a continuing situation in breach of the right to life.
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Wijenayake, Vishakha. "The Office on Missing Persons in Sri Lanka: The importance of a primarily humanitarian mandate." International Review of the Red Cross 99, no. 905 (August 2017): 641–62. http://dx.doi.org/10.1017/s1816383118000565.
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AbstractThis article attempts to situate the Office on Missing Persons (OMP) in Sri Lanka in relation to varying approaches to mechanisms for searching for the missing. In particular, the article examines the possible tensions between a humanitarian and an accountability-based mandate and supports the position of the International Committee of the Red Cross that these two approaches can in fact be complementary in nature. It goes on to contend that the OMP's mandate is primarily humanitarian rather than exclusively humanitarian, and analyzes how this distinction may impact possible criminal prosecutions. It emphasizes the importance of preserving the humanitarian character of the OMP with the objective of ensuring that the victims’ rights are at the centre of transitional justice processes.
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Hernández Herrera, Issa Cristina. "Collaborating with organized crime in the search for disappeared persons? Formalizing a humanitarian alternative for Mexico." International Review of the Red Cross 102, no. 914 (August 2020): 607–28. http://dx.doi.org/10.1017/s181638312100059x.
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AbstractThe search for the more than 90,000 disappeared persons in Mexico has highlighted the need to establish relations of collaboration with organized crime groups in order to access not only relevant information to clarify the fate and whereabouts of the missing, but also territories under the control of organized crime groups for carrying out field searches. Given the ineffectiveness of formal, prosecutorial approaches and the considerable success of grassroots, victim-led search strategies, this paper argues for the need for a broader humanitarian approach to the search for the missing that is victim-centred and complementary to accountability mechanisms. The article advances a proposal to formalize this approach through the International Committee of the Red Cross's (ICRC) involvement in search activities, given the ICRC's unique organizational nature, expertise and humanitarian mandate.
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Boroznina, Natalia, Roman Shinkarev, Sergey Boroznin, and Pavel Zaporotskov. "Information Technologies in Forensic Examination: Modern Methods of Creating a Facial Composite." NBI Technologies, no. 3 (November 2022): 5–10. http://dx.doi.org/10.15688/nbit.jvolsu.2022.3.1.
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Contrary to the existing international and domestic experience in the field of criminology and in identifying a person by the signs of a person’s appearance, an urgent problem in the detection and investigation of crimes remains the identification of criminals, as well as other persons involved in illegal actions. In 2015, Russia adopted a new state security plan, which includes: improving scientific and technical support to law enforcement agencies, systematic development of law enforcement agencies and other services, obtaining special equipment and funds. One of such technical means just includes programs for creating a facial composite aimed at creating and highlighting the characteristic features of a person associated with illegal actions. This software allows not only to create portraits of suspects in the commission of crimes, missing people, but also to predict external changes in the appearance of the suspect. In this article, the most common and effective software options for the creation of composite portraits used in law enforcement agencies of Russia and abroad are presented. Such programs make an important contribution to the activities of law enforcement agencies.
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Lee, Beom-Oh, and Sang-Hun Lee. "A Study on the Development of the Automatic Fingerprint Search System : Interpol's Automatic Fingerprint Search System (AFIS) Interoperability Plan." Korean Society of Private Security 23, no. 2 (June 30, 2024): 297–317. http://dx.doi.org/10.56603/jksps.2024.23.2.297.
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International Criminal Police Organization's (Interpol) Automatic Fingerprinting System (AFIS) enables rapid and accurate identification using vast amounts of fingerprint data collected worldwide, and the system plays an important role in various fields, including identification of international criminals and terrorists, search for missing persons, and recovery of stolen and missing property. In addition, AFIS supports law enforcement agencies in each country to work together to effectively solve crimes, which is acting as an essential tool to counter the rise of international crimes. This study aims to analyze in-depth the operation method of the International Criminal Police Organization (Interpol)'s automatic fingerprint search system (AFIS) and its use cases, and through this, the importance of the automatic fingerprint search system (AFIS) in international criminal investigations and its effectiveness are highlighted. In addition, along with the technological advancement of the automatic fingerprint search system (AFIS), the latest trends and challenges to increase the efficiency of the system will be examined. Through this, it is intended to contribute to the search for application plans and future development directions in Korea.
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Hassan, Tariq. "The Supreme Court of Pakistan and the Case of Missing Persons." Asia-Pacific Journal on Human Rights and the Law 10, no. 2 (2009): 23–42. http://dx.doi.org/10.1163/138819010x12647506166474.
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Haseljić, Meldijana Arnaut. "Violation of Human Rights and Enforced Disappearance in Bosnia and Herzegovina." Frontiers in Law 2 (May 3, 2023): 40–47. http://dx.doi.org/10.6000/2817-2302.2023.02.06.
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Every armed conflict outcome in a violation of fundamental human rights and freedoms. In areas where war conflicts are taking place, certain forms of crimes that are most often committed against civilians and other categories protected by international (humanitarian) law occur as an inevitable consequence. Thus, in the territory of Bosnia and Herzegovina in the war that took place in the period 1992-1995. committed numerous war crimes, and crimes against the peace and security of mankind. These crimes were committed against civilians and protected categories of the population, primarily prisoners of war. The issue of protection of human rights in Bosnia and Herzegovina is inevitably connected with the consideration of the consequences resulting from the armed aggression carried out at the end of the twentieth century. One form of crime that is particularly specific to Bosnia and Herzegovina is the crime of enforced disappearance. Enforced disappearances in Bosnia and Herzegovina are most often associated with the out-of-court detention of persons whose fate becomes unknown upon expulsion from their homes or stays in camps and other places of detention. This form of crime is especially significant because its consequences still last, even though 25 to 30 years have passed since its commission. Namely, the total number of registered forcibly missing persons in Bosnia and Herzegovina is 34,965. About 8,000 more people are wanted. Many families have not yet exercised their basic humanitarian right to know the truth about the fate of their family members. The bodies or remains of forcibly missing persons are most often found in unmarked individual or mass graves of a hidden locality. There are a numerous of forcibly missing persons who are still being searched for, and this is precisely the reason why studying the enforced disappearances of persons and considering the consequences of this committed crime is of special social interest. It is especially important to provide legal protection to families whose members were forcibly disappeared during the war and whose bodies or remains have not been found to date. The humane character of this issue must not be overlooked. It is important to find new possibilities in the search for forcibly missing persons, bearing in mind the fact that the passage of time and the biological processes that take place make it difficult to perform this task. Particular attention should be paid to the fact that witnesses or perpetrators of crimes who can provide adequate information end their lives. The truth about hidden bodies thus remains inaccessible. International bilateral agreements involving stakeholders represent one of the new possibilities in resolving issues related to enforced disappearances.
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Legka, O. "Legal regulation registration of human genomic information: international and domestic experience." Uzhhorod National University Herald. Series: Law 2, no. 72 (November 27, 2022): 71–76. http://dx.doi.org/10.24144/2307-3322.2022.72.44.
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The article analyzes the main regulatory and legal documents that regulate the issue of legal regulation of the state registration of human genomic information in Ukraine. It has been established that the functioning of the database of human genomic information in Ukraine is currently regulated by the Instruction on the Organization of the Operation of Forensic Records of the Expert Service of the Ministry of Internal Affairs, approved by the Order of the Ministry of Internal Affairs of Ukraine dated September 10, 2009 No. 390. However, the sources of the formation of records of genetic characteristics defined by this Instruction do not provide an opportunity to effectively use the tool of the database data for the identification of missing persons, etc., since it is possible to ensure the effectiveness of the method of molecular genetic research only in combination with the maintenance of an automated DNA database.
The relevance of the adoption of the Law of Ukraine "On State Registration of Human Genomic Information" is substantiated, which defines the legal principles of processing and state registration of human genomic information in Ukraine. Its main purpose and specifics of application are clarified, and the problems in terms of legal uncertainty regarding its compliance with international standards of human rights compliance are identified. The issues related to the technical protection of the Electronic Register of Information on Human Genetic Traits, which is a functional subsystem of the unified information system of the Ministry of Internal Affairs, are outlined, and suggestions for improving this area are provided. Attention is focused on the relevance of international cooperation regarding the exchange of genomic information with other countries and international organizations.
The role of the International Committee of the Red Cross was clarified, the statistics of identification of missing persons by this organization were analyzed. Attention was drawn to the role of the International Commission on Missing Persons, which has considerable experience in this field. Analyzed: positive international experience of registering human genomic information of Great Britain, USA, Thailand, Brazil; The Prüm Treaty on providing Member States of the European Union with automatic access to genetic databases, fingerprints and information on crimes related to drug trafficking.
It was concluded that the realities of the times necessitate the introduction and use of advanced technologies that have existed in the field of human genomic identification for more than three decades - DNA molecular genetic research and a data bank of human genetic features, which will contribute to the prompt solution of socially significant tasks.
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Loucaides, Loukis G. "The Judgment of the European Court of Human Rights in the Case of Cyprus v. Turkey." Leiden Journal of International Law 15, no. 1 (March 2002): 225–36. http://dx.doi.org/10.1017/s0922156502000109.
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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.
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Solomou, Alexia. "Cyprus v. Turkey." American Journal of International Law 109, no. 2 (April 2015): 393–99. http://dx.doi.org/10.5305/amerjintelaw.109.2.0393.
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In a judgment rendered on May 12, 2014, the Grand Chamber of the European Court of Human Rights (Court) ordered Turkey to pay Cyprus unprecedented sums for nonpecuniary damage suffered by the relatives of missing persons and by the “enclaved” Greek Cypriot residents of the Karpas Peninsula stemming from the Turkish invasion of Cyprus in 1974 and its aftermath. In doing so, the Court applied Article 41 on just satisfaction of the European Convention on the Protection of Human Rights and Fundamental Freedoms (European Convention or Convention) to an interstate complaint for the first time.
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Krenn, Christoph. "A missing piece in the horizontal effect jigsaw: Horizontal direct effect and the free movement of goods." Common Market Law Review 49, Issue 1 (February 1, 2012): 177–215. http://dx.doi.org/10.54648/cola2012006.
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Whether and to what extent private actors are directly bound by the provisions on free movement of the EU Treaties, also known as horizontal direct effect of the freedoms, has in the last years been subject to intensive and controversial academic debate. The Court of Justice of the European Union has attributed horizontal direct effect to the free movement of persons, under Articles 45, 49 and 56 TFEU. In sharp contrast, the Court has refused to apply the free movement of goods, Article 34 TFEU, directly to the conduct of private actors, not explaining the reasons for this different approach. This article aims to contribute to understanding the Court's approach and seeks answers to a number of key outstanding questions, namely what role horizontal direct effect does play currently, what role it can and should play in the free movement of goods, and whether a uniform approach to fundamental freedoms is desirable. In doing so it will be tried to assign the free movement of goods an appropriate place in a coherent overall approach to horizontal direct effect in free movement law. This approach, it is argued, should respect the nature of the different free movement provisions, their genesis and the Court's case-law on horizontal direct effect.
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Chopard, Jean-Luc. "Dissemination of the humanitarian rules and cooperation with National Red Cross and Red Crescent Societies for the purpose of prevention." International Review of the Red Cross 35, no. 306 (June 1995): 244–62. http://dx.doi.org/10.1017/s0020860400083881.
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When it was founded, the ICRC, recognizing the unpredictable and inescapable nature of war, hoped that it would be able to alleviate the most harmful effects of war by providing protection and assistance and raising awareness1 of international humanitarian law and the need to respect it. Thus all the activities undertaken by the institution are rooted in the reality of war — the degree of medical assistance and relief, for example, depends on the number of victims, while protection for prisoners is specifically given to “persons detained because of the situation”. Similarly, the ICRC's Central Tracing Agency forwards family messages when normal communication channels are severed, traces people who have gone missing because of the conflict, and reunites family members separated by the events. The only ICRC activities that are not exclusively a response to needs resulting from war are the dissemination of knowledge of humanitarian law and principles, and cooperation with the National Red Cross and Red Crescent Societies.
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Dr H Pandey, E. Untoro, R. Singh, and E. Nuzzolese. "FORENSIC ODONTOLOGY SUSTAINABLE GOALS." International Journal of Forensic Odontology 7, no. 2 (October 25, 2022): 32–39. http://dx.doi.org/10.56501/intjforensicodontol.v7i2.631.
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The Importance of promoting Human Rights in the Recovery and Identification of Missing and Unidentified persons was presented at 9th International Dental Ethics and Law Society (IDEALS) congress in 2012 and was first introduced in May 2013 at the annual meeting of the Disaster Victim Identification (DVI) conference organized by Interpol in Lyon. Dr. Emilio Nuzzolese, participating odontologist of the Interpol Forensic Odontology working group, highlighted the need to apply the highest identification standards and Interpol guidelines to all unidentified human remains, equally in a DVI scenario as well as in a single missing and unidentified person. In 2015 these concepts also inspired the creation of an international group of odontologists from twelve Countries called ‘Forensic Odontology for Human Rights’. The group began promoting the need to protect the human rights of the dead to have a name and an identity by participating in conferences and meetings, and through publications and training at most international forensic events. The mentoring of colleagues with the goal of promoting an authentic involvement of forensic odontology in the identification process was also instigated. The continuous growth of the group, along with the need to involve forensic experts from other disciplines, led to the constitution of the Association Forensic Odontology for Human Rights (AFOHR) and the inauguration of humanitarian forensic odontology. Having become a recognized voluntary organization in the context of humanitarian forensics, in 2019 AFOHR board members discussed the steps needed to achieve the rights of having a date of birth and an identity for every deceased individual. Eight forensic odontology sustainable goals were approved: human rights of the dead; human identification action; international partnership; human forensic odontology; strong forensic odontology; human identification kit; quality age determination; dental evidence in crimes against vulnerable persons. Under the auspices of AFOHR that aim is to inspire colleagues and forensic associations to the best administration of Justice for best practices in human identification and age estimation.
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Marin, Oleksandr. "CRIMINAL LIABILITY FOR ENFORCED DISAPPEARANCE IN CRIMINAL LAW OF UKRAINE." Visnyk of the Lviv University. Series Law 72, no. 72 (June 20, 2021): 122–30. http://dx.doi.org/10.30970/vla.2021.72.122.
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The article is devoted to the issues of criminal liability for enforced disappearance in criminal law of Ukraine. The international legal conditionality of the appearance of this prohibition in the Criminal Code of Ukraine, its adequacy to the modern needs of combating this phenomenon as well as the compliance with the conditions of implementation of the provisions of international legal acts in the national criminal legislation are analyzed. It should be taken into account that international legal acts describe the need to criminalize socially dangerous behavior, and the form of such criminalization is chosen by states in accordance with national traditions of law-making. The article cites and analyses corpus delicti of the criminal offence provided for by Article 146-1 of the Criminal Code of Ukraine «Enforced Disappearance», which appeared in the criminal law as a result of the adoption of the Law of Ukraine «On the Legal Status of Missing Persons». Potential difficulties in applying the norm provided for by Article 146-1 of the Criminal Code of Ukraine to socially dangerous acts, cases of unjustified competition and conflict of norms are revealed. It is stated that the norm provided for by Part 1 of Article 146-1 of the Criminal Code of Ukraine, is partly special in relation to several norms provided for by other articles of the Criminal Code: Article 146 «Illegal confinement or abduction of a person»; Article 371 «Knowingly unlawful detention, compelled appearance, house arrest or taking into custody»; Article 365 «Excess of authority or official powers by a law enforcement officer»; Article 364 «Abuse of authority or office». It should be noted that before the introduction of Article 146-1 to the Criminal Code of Ukraine virtually all the behavior constituting enforced disappearance, the criminalization of which was the obligation of the Ukrainian state under the Rome Statute of the International Criminal Court and International Convention for the Protection of All Persons from Enforced Disappearance, constituted criminally prohibited behavior in accordance with the above mentioned «general» criminal law norms. The exception, in fact, is only the formal corpus delicti of indulgence, which is not covered by Article 364 of the Criminal Code of Ukraine and the introduction of which into the system of criminal offences under the current Criminal Code of Ukraine we completely approve. The article also analyses the prospects of the adoption of amendments to the Criminal Code of Ukraine, proposed in the draft Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on the Implementation of Norms of International Criminal and Humanitarian Law», which offers to supplement the Criminal Code of Ukraine with Article 442-1 «Crimes against humanity». Thus, the Ukrainian legislator will react for the second time to its international legal obligations regarding the implementation of the norms of international humanitarian law. The following options for preventing real and potential threats in the criminal law regulation of liability for enforced disappearance are proposed: to borrow the German experience of criminal law regulation in this area of public relations as well as to adopt the law on international criminal law.
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Sassòli, Marco. "The National Information Bureau in Aid of the Victims of Armed Conflicts." International Review of the Red Cross 27, no. 256 (February 1987): 6–24. http://dx.doi.org/10.1017/s0020860400060897.
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War separates families; it separates prisoners of war from the Power on which they depend and civilians from their country of origin or residence. Uncertainty about what has happened to a loved one who is missing on the battlefield or in enemy-controlled territory is much more difficult to bear than the news that he has been captured and interned by the enemy, or sometimes even that he is dead. Moreover, registering a captured person helps to protect him. The provisions for obtaining, collating and transmitting this type of information are a major step forward in international humanitarian law. The National Information Bureau (hereinafter NIB) plays a key role in the system laid down for this purpose by the 1949 Geneva Conventions. The NIB has the important but difficult task of obtaining and transmitting information on protected persons of the adverse party who are in the hands of the party to the conflict to which the NIB belongs.
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Bigler, Roland. "Disseminating international humanitarian law in Colombia: Dissemination is everyone's job—a firsthand report by an ICRC delegate." International Review of the Red Cross 37, no. 319 (August 1997): 421–32. http://dx.doi.org/10.1017/s0020860400076634.
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At an ICRC seminar on training and information techniques a few years ago an instructor described the position of a dissemination delegate within an ICRC delegation, and hence of dissemination work in general, as follows:“Within an ICRC delegation, the delegate responsible for disseminating international humanitarian law generally has his office at the end of a long corridor, right at the back between the office supplies cupboard and the toilets. But most of the time you won't find him there, as he (or she) is constantly out giving courses or suchlike, either at military installations or universities or among the National Red Cross Society's volunteers. And when you do find him for a short while in his office, he's fiddling around with scissors, paper and glue trying to put together a leaflet or a poster, or perhaps even a small brochure. His colleagues, the delegates dealing with the distribution of relief supplies, the tracing service or prison visits, smile indulgently when they see the dissemination delegate busy with work like that. They speak well of him because he regularly reads the International Review of the Red Cross and knows the ins and outs of international humanitarian law and ICRC policy; he is a good talker, so he always has to step in where armed protagonists in local conflict fail to observe the rules protecting the civilian population. He must often beware of being torn to pieces and is expected to be everywhere at once, because what he does, he alone can do. Many ICRC delegates admire the dissemination delegate; sometimes he gets called “the professor”, “the clown” or “the artist”. His work is a one-man show, and yet those delegates who distribute rice, visit prisoners or try to trace missing persons could not and would not want to do his job themselves.”
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Mendzhul, M. "State protection of family rights of internally displaced persons." Uzhhorod National University Herald. Series: Law 1, no. 75 (March 22, 2023): 193–97. http://dx.doi.org/10.24144/2307-3322.2022.75.1.31.
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The protracted war in Ukraine and the full-scale invasion led to an increase in the number of refugees from Ukraine and internally displaced persons in the middle of the country, actualizing the issue of protecting their rights. That is why this article analyzes the mechanism of state protection of family rights of internally displaced persons. It is clarified how the mechanism of state protection of the family functions during the war. It is substantiated that the basis of the mechanism of state protection of family rights is the principle of state protection of the family. The provisions of international acts, the Constitution of Ukraine, the Law of Ukraine "On Ensuring the Rights and Freedoms of Internally Displaced Persons", as well as norms of family legislation, were studied.
The differences between the concepts of "protection" and "protection" are analyzed. It is emphasized that the mechanism of state protection of the family rights of internally displaced persons includes legal norms that provide for various tools for ensuring and protecting rights, as well as positive obligations of the state. The approach of the Constitutional Court of Ukraine, formed during the war, regarding the understanding of social protection and protection of the family, childhood and motherhood (parenthood) is clarified.
It was noted that the number of orphans and children abandoned by their parents increased during the war, therefore the system of legal guarantees for the placement of such children in such forms, which are closest to family ones, is of great importance.
It is proved that the mechanism of state protection of family rights of internally displaced persons is based on the general principle of state protection of the family and includes legal, institutional, procedural, financial and informational tools. It is substantiated that the project of the State Policy Strategy on Internal Displacement for the period until 2025 contains a limited approach to guaranteeing the family rights of IDPs. First of all, the principles must be supplemented with the principle of the best interests of the child, and the list of measures must guarantee the right of every family member who is an IDP to information about missing relatives.
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Pankevich, V. M., and T. I. Sukhorebra. "Compliance with the principle of equality of citizens during the applica- tion of preventive police measures." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 69–72. http://dx.doi.org/10.24144/2307-3322.2021.65.12.
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The National Police of Ukraine is a central executive body that serves society by ensuring the protection of human rights and freedoms, combating crime, maintaining public safety and order and carries out its official activities in accordance with the principles set out in Section II of the Law of Ukraine «On National Police». One of them is the principle of equality of citizens, which prohibits any privileges or limitationes on the signs of race, color, political, religious and other beliefs, gender, ethnic and social origin, property status, place of residence, language or other characteristics.This principle is common law and is based on both national and international law, and is an integral part of the constitutional and legal status of citizens, and is the existence in the state of equal constitutional rights, freedoms and responsibilities of citizens regardless of race, nationality, skin color, political, religious and other beliefs, gender, ethnic and social origin or other characteristics.The professional activity of the police, including the application of preventive police measures, should be based on the principles defined by the relevant law. However, the analysis of the grounds for the use of preventive police measures suggests that some of them are discriminatory. In particular, such grounds for police officers to check documents and stop a vehicle as the presence of external signs similar to the external signs of a wanted person or a missing person, as well as stopping a vehicle registered in another country, which is carried out in order to detect its transfer to possession, use or disposal of persons who did not import such a vehicle into the customs territory of Ukraine or did not place in customs transit, contain discriminatory signs and violate the principle of equality of citizens, which necessitates appropriate amendments to the Law of Ukraine “On the National Police of Ukraine”.
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Arifin, Ridwan, Rasdi Rasdi, and Riska Alkadri. "TINJAUAN ATAS PERMASALAHAN PENEGAKAN HUKUM DAN PEMENUHAN HAK DALAM KONTEKS UNIVERSALIME DAN RELATIVISME HAK ASASI MANUSIA DI INDONESIA." Jurnal Ilmiah Hukum LEGALITY 26, no. 1 (August 15, 2018): 17. http://dx.doi.org/10.22219/jihl.v26i1.6612.
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The four principles of freedom (four freedoms) include freedom of speech and expression, freedom of religion and belief, freedom from want, and freedom from fear, are basic principles recognized by countries and translated into many more specific forms of human rights fulfillment human. The fulfillment and protection of human rights is one indicator of the progress of a country. The scope of fulfilling human rights that covers a very broad field, from education, health, to law enforcement, is a challenge. The UN Security Council 2017 Universal Periodical Review (UPR) session provides recommendations for strengthening human rights in Indonesia, including the ratification of international human rights instruments, the continued cooperation of UN human rights, the abolition of the death penalty, matters related to sexual orientation and efforts to protect tolerance and diversity. The Commission for Missing Persons and Victims of Violence (Kontras) 2017 records 84 cases of violence and human rights violations that occurred. The issue of interpreting different human rights standards is one of the causes of this high problem in Indonesia. Many different interpretations are caused by the running of different political systems of state administration, causing the implementation of human rights fulfillment to be different. This paper looks at and compares the practices of human rights enforcement covering the four principles of freedom in Indonesia. This paper will compare the implementation of human rights standards and norms in national domestic practices based on international human rights principles and norms.
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van Benthem, Tsvetelina. "The redirection of attacks by defending forces." International Review of the Red Cross 102, no. 914 (August 2020): 875–92. http://dx.doi.org/10.1017/s1816383121000679.
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AbstractThis article examines the redirection of incoming missiles when employed by defending forces to whom obligations to take precautions against the effects of attacks apply. The analysis proceeds in four steps. In the first step, the possibility of redirection is examined from an empirical standpoint. Step two defines the contours of the obligation to take precautions against the effects of attacks. Step three considers one variant of redirection, where a missile is redirected back towards the adversary. It is argued that such acts of redirection would fulfil the definition of attack under the law of armed conflict, and that prima facie conflicts of obligations could be avoided through interpretation of the feasibility standard embedded in the obligation to take precautions against the effects of attacks. Finally, step four analyzes acts of redirection against persons under the control of the redirecting State. Analyzing this scenario calls for an inquiry into the relationship between the relevant obligations under international humanitarian law and human rights law.
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Aeschlimann, Alain. "Incorporation of Humanitarian Programs: Ukraine’s Experience." Diplomatic Ukraine, no. XIX (2018): 466–84. http://dx.doi.org/10.37837/2707-7683-2018-32.
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Mr Aeschlimann tells the story of the establishment of the International Committee of the Red Cross and its main activities. He notes that the Committee was founded by Henri Dunant from Switzerland. The symbol of Red Cross was not a coincidence; Henri Dunant associated it with health protection. It is also noteworthy that the symbol resembles the flag of Switzerland. Since the very inception, the primary responsibility of the organisation was taking care of injured soldiers and captives; later on, it started to help abused people. Soon enough, the organisation began to provide food to the people in need. Mr Aeschlimann also emphasises that the International Committee of the Red Cross has worked in line with the principles of international humanitarian law and cooperated with states for its improvement since its foundation and adoption of the First Geneva Convention. The legal aspect is also an important part of the organisation’s work. In general, the Committee has a broad range of activities, totally depending on the state of a conflict or domestic violence. The International Committee of the Red Cross launched aggressive activities in 2014, following the outbreak of the military conflict in the east of Ukraine. The organisation pays much attention to the following aspects related to its operation in Ukraine: the conflict was unleashed between nations with similar mentality and is of highly politicised and polarised character. Representatives of the organisation act not only in the territory under Ukrainian control but also in the occupied territory. Mr Aeschlimann mentions that the most challenging aspect of working in Ukraine is to adjust to the fast pace of drastic changes in the country due to sweeping reforms and transition economy. Moreover, the organisation faced certain difficulties in providing humanitarian assistance, but currently all the subtleties have been settled and the ICRC is operating in favourable conditions. Among the priority tasks of the International Committee of the Red Cross, the following can be singled out: expansion of activities, namely measures on the search for missing persons, expansion of a program of support of psychosocial and psychological health. Special attention is drawn to provision of first aid to people near to the collision line. Mr Aeschlimann also tells how he chose this profession, his free time taking into account a busy working schedule, and his favourite places in Ukraine. Keywords: the International Committee of the Red Cross, the ICRC mission, the First Geneva Convention, humanitarian assistance, conflict.
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MIODUCHOWSKI, Andrzej, Antoni OLAK, and Jerzy MICHNO. "Responsibility of the Russian Federation for Shooting Down a Malaysian Passenger Aircraft on 17th July 2014." INCAS BULLETIN 11, no. 3 (September 9, 2019): 199–208. http://dx.doi.org/10.13111/2066-8201.2019.11.3.17.
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On 17 July 2014, Malaysia Airlines Flight MH17 from Amsterdam to Kuala Lumpur was shot down over Eastern Ukraine. On board Boeing 777 there were 283 passengers and 15 crew members who all lost their lives. The victims’ families and the states whose citizens were lost now seek remedies from those that are responsible for this tragedy. This paper discusses the incident of MH17 which took place in Western Ukraine. This paper uses the analytical approach method applied in legal research with the aims of answering the question presented in the paper. The MH17 incident also brings us many international legal issues, therefore it was necessary to examine the challenges of holding persons responsible for the MH17 tragedy and especially the supplier of the anti-aircraft missile that was used. It then considers international law’s capacity for preventing recurrences of this tragedy by constraining non-state actors’ access to anti-aircraft missiles. Under the doctrine of state responsibility, the Netherlands and/or Malaysia may be able to bring a case before the ICJ for violations of international law and internationally wrongful acts attributable to Russia and/or Ukraine. It seems that that Russia and Ukraine may have violated their obligations under the civil aviation conventions to communicate information, to investigate the situation and allegations against potential perpetrators, and to prosecute or extradite those that may be responsible. One of the two conclusions that could be drawn upon this paper is that not only Russia could be held responsible but also Ukraine is partly accountable for the tragedy. Based on both national and international legislation, it can be argued that Ukraine has a duty to protect foreigners legally passing through its airspace, which could form the legal ground for a case in Ukraine against the state. Second, a civil suit against the airlines could be brought before a court in several states based on Chicago and Montreal Conventions.
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Zlahoda, Olha, and Pavel Poliаn. "Impact of the war in Ukraine on the search for persons missing under special circumstances." Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav 14, no. 2 (April 30, 2024): 31–40. http://dx.doi.org/10.56215/naia-chasopis/2.2024.31.
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Given the challenges of the ongoing war, the relevance of this study is conditioned by to the need to improve the practice of searching for Ukrainian citizens who went missing under special circumstances, specifically on the territory of other European states. The purpose of this study was to examine the legislative regulation of the status of missing persons and to analyse the legal regulation of relations related to the identification and search for, as well as social and legal protection of such persons. The methodological framework of the study was formed by both general scientific and special methods of scientific cognition: systemic and structural, informational, terminological, and formal logical method. Using these methods, the study highlighted the content of international and national regulatory legislation, which determines that the legal grounds for conducting a search for missing persons are the legal norms constituting the basis of international, legislative, and departmental regulations and are cumulative. The role of the International Committee of the Red Cross is analysed, and the statistics of identification of persons missing under special circumstances by this organisation was considered. Attention was focused on the activities of the International Commission on Missing Persons, which operated in various countries where the situation of missing persons during armed conflict and military operations arose. It was proved that the effectiveness of the mechanism for searching for missing persons depends on the interpretation of certain provisions of regulatory legislation, as well as on the staffing of bodies and units directly involved in the search for persons of this category. The study focused on the activities of the Commission on Missing Persons under Special Circumstances, which is a permanent advisory body of the Cabinet of Ministers of Ukraine, as well as the significance of the International Commission on Missing Persons. It was concluded that the real situation in countries with ongoing armed conflicts necessitates the introduction and use of advanced digital technologies in the work on searching for missing persons. The study can serve as a basis for improving the legal framework for international cooperation in identifying missing civilians and military personnel in the territories where armed conflicts have occurred or are ongoing
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Sydorenko, S. G. "Prospects for application in Ukraine of international experience in searching missing persons under special circumstances." Analytical and Comparative Jurisprudence, no. 6 (February 18, 2023): 245–49. http://dx.doi.org/10.24144/2788-6018.2022.06.44.
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This article contains a comparative and legal analysis of the organization of search for persons missing under special circumstances, in Ukraine and other countries. The author researches the order of search for missing persons in Ukraine and countries that had military and armed conflicts, as a result of which they introduced special mechanisms for searching for persons missing in such conflicts.
The international experience of some countries on the functioning of domestic bodies with competence to solve issues related to the search for missing persons, including: the Federal Republic of Germany, Bosnia and Herzegovina, the Republic of Croatia, Montenegro, the Republic of Serbia, the Republic of Kosovo, which in different time periods had armed conflicts in their territories.
The article analyzes the interaction of individual countries with the International Commission on Missing Persons, an intergovernmental organization created to solve the problem of persons missing due to conflicts that took place in the Balkan Peninsula. It is noted that this intergovernmental organization carries out its functioning, including on the territory of Ukraine as a result of armed aggression by the Russian Federation.
The author emphasizes that the proper prerequisites for the implementation of state policy in the field of regulation of public relations are created in Ukraine, which are related to the search for persons missing under special circumstances, the certainty of legal status and social protection of such persons. At the same time, the need for the use of positive international experience of other countries in Ukraine on the organization and application of a set of measures during the search for persons missing under special circumstances has been highlighted.
It is noted that the necessary consequence of the search for missing persons is the restoration of the social status of such persons, their constitutional rights, obligations, and freedoms that are guaranteed by the state.
It has been established that Ukrainian legislation currently defines a wide range of state authorities that are authorized to search for persons missing under special circumstances. At the same time, the author's position on the advantages and disadvantages of such a subject composition of search activity is given.
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O’Connell, Mary Ellen. "The True Meaning of Force: A Further Response to Tom Ruys in the Interest of Peace." AJIL Unbound 108 (2014): 153–54. http://dx.doi.org/10.1017/s2398772300002063.
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I very much appreciate the seriousness with which Tom Ruys read my comments on his article. Rather than convince me that his thesis about Article 2(4) is correct, however, his reply provides further support for the opposing view. Minor force is excluded from Article 2(4) but regulated under other legal principles. Here are some examples: •He accepts that there are many cases where states and courts have treated low level uses of force as regulated under rules other than Article 2(4). He also argues, and I agree, that some cases are unclear as to whether they support an Article 2(4) threshold or not. Yet, he fails to deal with the really important point in my comment that the great weight of authority clearly supports the threshold. In his reply he even cites with favor the recent report of the Independent International Fact-Finding Mission on the Conflict in Georgia, but the report supports the view that low level uses of force fall below the Article 2(4) threshold.•Ruys concedes that some low-level uses of force are outside Article 2(4). In his reply he provides a new hypothetical of such a minor use of force, a bar fight in Afghanistan between soldiers of different nationalities. He says it is a matter of common sense that such a use of force is excluded from Article 2(4). Yes, common sense is one of the reasons to conclude low-level force is excluded. Given that he agrees on this, his article should be about where the threshold is, not an argument that there is no threshold at all. I argue that various other rules of international law from the principle of non-intervention to human rights law to the law of countermeasures indicate where the threshold is. In his reply he takes up an example I provide on “targeted killing,” asking where is the legal distinction between knifing an individual and launching a Hellfire missile at an individual, as opposed to launching a Hellfire at a group of people—the example I used. I categorize all Hellfire attacks as covered by Article 2(4) because of the amount of firepower involved. The Hellfire was developed as a tank-killing weapon. The number of persons targeted is not as significant as the fact the Hellfire involves more too much firepower to conform to the rules governing lawful law enforcement (police) deployment of lethal force. Lawful deployment of a Hellfire must comply with one of the exceptions to Article 2(4).•Saying minor force is excluded from Article 2(4) is not the same as saying such force is lawful. The example just mentioned of knifing an individual, say by the intelligence services of one state acting on the territory of another state, implicates non-intervention, human rights, and countermeasures, among other rules relevant to regulating minor uses of force. In his reply, Ruys criticizes the adequacy of some of this law. No doubt some of the law is inadequate, but that is a different issue from the one he is examining, which is what law applies to minor uses of force.•If Article 2(4) included minor uses of force states could not lawfully employ countermeasures involving minor uses of force in, for example, rescue and arrest efforts. Using force under today’s law, which does not include Ruys’s proposal to expand the right to use force in self-defense, requires Security Council authorization. This is clearly a problem for his analysis. States simply do not do this. The United States did not go to the Security Council to get permission to try to rescue the American journalist, James Foley, beheaded by ISIL militants in Syria in August or to detain Abu Khattala in Libya in June. Both operations followed the rules regulating lethal force by police and were lawful in my view, but not in Ruys’s view of the current law.
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Mckiernan, Heather. "The National Missing and Unidentified Persons System: Genetic Identification of Missing and Unidentified Persons." Forensic Science International: Synergy 6 (2023): 100429. http://dx.doi.org/10.1016/j.fsisyn.2023.100429.
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Huey, Laura, Lorna Ferguson, and Larissa Kowalski. "The “power few” of missing persons’ cases." Policing: An International Journal 43, no. 2 (March 8, 2020): 360–74. http://dx.doi.org/10.1108/pijpsm-06-2019-0095.
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PurposeThe purpose of this paper is to test the “power few” concept in relation to missing persons and the locations from which they are reported missing.Design/methodology/approachData on missing persons’ cases (n = 26,835) were extracted from the record management system of a municipal Canadian police service and used to create data sets of all of the reports associated with select repeat missing adults (n = 1943) and repeat missing youth (n = 6,576). From these sources, the five locations from which repeat missing adults and youth were most commonly reported missing were identified (“power few” locations). The overall frequency of reports generated by these locations was then assessed by examining all reports of both missing and repeat missing cases, and demographic and incident factors were also examined.FindingsThis study uncovers ten addresses (five for adults; five for youths) in the City from which this data was derived that account for 45 percent of all adults and 52 percent of all youth missing person reports. Even more striking, the study data suggest that targeting these top five locations for adults and youths could reduce the volume of repeat missing cases by 71 percent for adults and 68.6 percent for youths. In relation to the demographic characteristics of the study’s sample of adults and youths who repeatedly go missing, the authors find that female youth are two-thirds more likely to go missing than male youth. Additionally, the authors find that Aboriginal adults and youths are disproportionately represented among the repeat missing. Concerning the incident factors related to going missing repeatedly, the authors find that the repeat rate for going missing is 63.2 percent and that both adults and youths go missing 3–10 times on average.Practical implicationsThe study results suggest that, just as crime concentrates in particular spaces among specific offenders, repeat missing cases also concentrate in particular spaces and among particular people. In thinking about repeat missing persons, the present research offers support for viewing these concerns as a behavior setting issue – that is, as a combination of demographic factors of individuals, as well as factors associated with particular types of places. Targeting “power few” locations for prevention efforts, as well as those most at risk within these spaces, may yield positive results.Originality/valueVery little research has been conducted on missing persons and, more specifically, on how to more effectively target police initiatives to reduce case volumes. Further, this is the first paper to successfully apply the concept of the “power few” to missing persons’ cases.
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Malinowska, Irena, and Mariusz Michalski. "Wybrane systemy współpracy międzynarodowej w zakresie zapewniania bezpieczeństwa osób zaginionych." Prawo i Bezpieczeństwo, no. 1 (2023) (July 31, 2023): 77–89. http://dx.doi.org/10.4467/29567610pib.23.008.18291.
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The article analyses selected systems of international cooperation in ensuring the safety of missing persons. The study indicates the categories of missing persons, the procedures regulating the conduct of a police officer in the case of a missing person, the documentation of search activities, the scale and causes of disappearances and the cooperation of institutions and non-governmental organisations in the search for a missing person. Improving the circulation of information between Police organisational units concerning disappearances outside the Republic of Poland is an important task of the institution through the dissemination of electronic exchange of information, in particular with regard to the categorisation of missing persons. Authors believes that it is important to take steps to enlist new groups to extend their reach to cover both domestic and international areas, thereby affecting the efficient and effective operations of the Police in conducting searches for missing persons both domestically and internationally.
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Girod, Christophe. "Bosina and Herzegovina: tracing missing persons." International Review of the Red Cross 36, no. 312 (May 1996): 387–91. http://dx.doi.org/10.1017/s0020860400090033.
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Every war brings its share of missing persons, whether military or civilian. And every individual reported missing is then sought by a family anxiously awaiting news of their loved one. These families cannot be left in such a state of anguish. For the truth, however painful it may be, is preferable to the torture of uncertainty and false hope. In Bosnia and Herzegovina civilians were especially affected by a conflict in which belligerents pursued a policy of ethnic cleansing by expelling minority groups from certain regions. Thousands of people who disappeared in combat or were thrown into prison, summarily executed or massacred, are still being sought by their families.
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Babuta, Alexander, and Aiden Sidebottom. "Missing Children: On the Extent, Patterns, and Correlates of Repeat Disappearances by Young People." Policing: A Journal of Policy and Practice 14, no. 3 (September 20, 2018): 698–711. http://dx.doi.org/10.1093/police/pay066.
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Abstract Missing persons investigations are arguably the most common and costly non-crime problem the police are expected to handle, with a large proportion of all cases attributable to young people. This article investigates the prevalence, time course, distance, and correlates of repeat disappearances by children (under the age of 18 years). Using data from one UK police force for the period January 2011 to May 2013 (n = 1,885), we find that (1) nearly two-thirds of all missing child reports are repeat disappearances, (2) a small proportion of children who go missing repeatedly (15%) account for over half of all missing persons incidents, (3) children who go missing repeatedly tend to travel shorter distances than children reported missing once, and (4) the likelihood of a child going missing on multiple occasions is associated with age, being in care, a history of family conflict, and if going missing was judged to be ‘out of character’. The implications of our findings for the prevention of repeat disappearances by young people are discussed.