A/RES/73/178
Missing persons
Recalling further General Assembly resolution 71/201 of 19 December 2016 as
well as all previous resolutions and decisions adopted by the Commission on Human
Rights and the Human Rights Council on the right to the truth,
Noting with deep concern the growing number of armed conflicts in various
parts of the world, often resulting in serious violations of international humanitarian
law and international human rights law,
Noting that the issue of persons reported missing in connection with
international or non-international armed conflicts, in particular those who are victims
of violations of international humanitarian law and international human rights law,
continues to have a negative impact on efforts to put an end to those conflicts and
inflicts grievous suffering on the families of missing persons, and stress ing in this
regard the need to address the issue from, inter alia, a humanitarian and rule of law
perspective,
Expressing its concern about the dramatic increase since 2014 in persons
reported missing in connection with armed conflict, and recognizing tha t it is critical
for States to address the issue holistically, from prevention to the tracing, location,
identification and return of missing persons,
Considering that the problem of missing persons may raise questions of
international humanitarian law and international human rights law, as appropriate,
Bearing in mind that cases of missing persons involve conduct that may
constitute criminal offences, and stressing the importance of ending impunity for
violations of international humanitarian law and international human rights law with
respect to missing persons,
Cognizant that States that are parties to an armed conflict have a responsibility
for countering the phenomenon of missing persons, taking all appropriate measures
to prevent persons from going missing, including, when appropriate, effectively
investigating the conditions relating to persons going missing and determining the
fate of missing persons, and for recognizing their accountability as regards
implementing the relevant mechanisms, policies and laws,
Bearing in mind the effective search for and identification of missing persons
using forensic sciences and other emerging technologies, and recognizing that great
technological progress has been made in this field, including DNA forensic analy sis,
which can significantly assist efforts to identify missing persons and to investigate
violations of international humanitarian law and international human rights law,
Recognizing that the establishment and effective work of competent national
institutions can play a crucial role in clarifying the fate of missing persons in
connection with armed conflict,
Bearing in mind that the question of missing persons entails consequences not
only for the victims themselves, but also for their families, especially women,
children and older persons, and in this regard recognizing the importance of
addressing the legal situation of missing persons in connection with armed conflict
and supporting their family members through national policies that include a gender
perspective, as appropriate,
Noting, in this regard, the progress made by coordination mechanisms,
established in different parts of the world, aiming at exchanging information and
identifying missing persons, which have contributed to informing families of the fate
and whereabouts of their missing relatives,
Recognizing that respect for and implementation of international hu manitarian
law can reduce the number of cases of missing persons in armed conflict, and in this
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