LOSS OF PERSONS REASONS AND MEASURES TO PREVENT LOSS OF PERSONS IN INTERNATIONAL HUMANITARIAN LAW
Main Article Content
Abstract
The disappearance of any missing person constitutes a tragedy for the individual himself and his family, which suffers from the lack of knowledge of his fate, as the phenomenon of loss has constituted one of the biggest human tragedies in many countries, and the suffering of those exposed to him and their families has increased, especially in the absence of pain from what happened to the husband, child, father, mother, brother or sister This, in turn, may lead to the risk of a contradiction in external relations, which in turn may lead to exposure to great danger in the local community, In the case of questioning whether its members are alive or dead, and moving forward becomes difficult for them because of their inability to forget the events that destroyed her life, other than the problems they face on the psychological, legal and economic levels, and their psychological suffering continues because of the wounds left by their disappearance. One of the family members, and this is one of the reasons why the social fabric is not healed, and that the subject of loss has been included in many legal and social studies, due to the spread of this phenomenon, which necessitated the establishment of measures to prevent their loss, which was represented by states spreading the rules of international humanitarian law, Conventional and customary international humanitarian law gives great importance to the issue of missing persons due to armed conflicts, whether international or non-international, and the adoption of bodies concerned with registering requests for loss and expediting search procedures and reuniting families separated due to wars or internal disturbances and tensions, by working on recording and sending information related to prisoners and detainees, and ensuring the exchange of family news, as well as searching for the missing and ensuring their right to know the fate of their missing persons, and establishing an official department for the registration of cemeteries.
Article Details
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
References
What is meant by international armed conflict is a state of declared war or any other armed conflict that arises between two or more states, such as belligerent occupation or national liberation wars, and the warring parties must apply the provisions of international humanitarian law, whether they acknowledge the existence of the conflict or not, and its application does not depend on the existence of a declaration prior to war.
See Article (49) of the Fourth Geneva Convention, Article (85) of the First Additional Protocol, Article (17) of the Second Additional Protocol, and Rule (129) of the customary rules of international humanitarian law.
The internally displaced person means “that group of people who are forced to leave their homes and places of residence or residence to escape because of fear for their lives or their exposure to persecution and harm, due to the existence of an armed conflict or other serious disaster, whether by nature or by human action, see, d. Abdullah Ali Abbou, International Protection for Internally Displaced Persons, published research, in the Journal of Scientific Research in Law and Political Sciences, published by the Faculty of Law and Political Sciences, Ibn Khaldun University, Tiaret, Algeria, Issue 2, October, 2015, p. 6
Missing Nigerians, “My heart feels that my daughter is still alive,” an article on the International Committee of the Red Cross website, the date of the visit 9/7/2022 https://www.icrc.org/ar/document/nigerias-missing-i-feel- it-my-heart
The mothers of the missing Congolese children remain silent, published on the following website, the date of the visit 9/7/2022 https://www.unhcr.org/ar/news/stories/2018/7/5b3e0a5b4.html
The International Commission on Missing Persons, Iraq programme, is available on the official website of the Commission
See, The Independent International Commission of Inquiry on the Syrian Arab Republic, Report of the Independent International Commission of Inquiry on the Syrian Arab Republic, March 11, 2021, p. 2
See, International Committee for Missing Persons, Iraq Program, previous reference
The Restoring Family Links Strategy and Implementation Plan for the International Movement of the Red Cross and Red Crescent, 2008/2014, General Report, Council of Delegates 2007, p. 2
Report of the United Nations High Commissioner for Refugees and Returnees, General Assembly of the United Nations, 51st session, item 105, agenda statement of the International Committee of the Red Cross, New York, October 31, 1996
See, Ansaf Bin Amran, The Role of the International Committee in Implementing the Rules of International Humanitarian Law, Dar Al Khaldounia, Algeria, 2012, pg. 64.
See, Ali Awwad, Excessive Violence, Law of Armed Conflict and Human Rights, Dar Al-Muthaf, Lebanon, 1st edition, 2001, p. 186.
See Sameh Jaber Al-Beltagy, previous reference, p. 118.
see, Dr. Nawal Ahmed Basaj, International Humanitarian Law and the Protection of Civilians and Civilian Objects in Armed Conflicts, 1st Edition, Beirut, Al-Halabi Human Rights Publications, 2010, p. 55.
Dr.Ahmed Abu Al-Wafa, Categories covered by the protection of international humanitarian law, Cairo, International Committee of the Red Cross, 2006, p. 164
See, Article (140) of the Fourth Geneva Convention of 1949
See, Talal Muhammad Al-Haj Ibrahim, and Maya Al-Dabbas, the gray areas between international humanitarian law and international human rights law, an analytical study, University of Sharjah Journal of Legal Sciences, Volume 15, Issue 1, 2018, pp. 203-204
See. dr. Adam Abdel-Jabbar Bidar, Protection of Human Rights during International Armed Conflicts between Sharia and Law, previous reference, p. 26
Whereas, the second paragraph of Article 1 of the Second Additional Protocol of 1977 excluded these cases from the scope of application of international humanitarian law, as it stipulated that “this protocol does not apply to cases of internal disturbances and tension, such as riots, acts of rare incidental violence, and other acts of a similar nature that are not considered armed conflicts
See Jamshid Mumtaz, Humanitarian rules applicable in periods of tension and internal conflict, Journal of the International Committee of the Red Cross, Issue 324, published on the following website, date of visit 9/7/2022 https://www.icrc.org/ar/doc/resources/documents/misc/5ynjfg
See, Violence and Resorting to Force, International Committee of the Red Cross, Geneva, 2015, p. 6.
See, the report of the International Law Commission on the work of its forty-eighth session, May 6, 1996, and also the United Nations Document, 10/51 , p. 137
See , Nicole Casteau, Study of the effects on human rights as a result of recent developments, United Nations Doc. 27, 15/2/1982, p. 8
See, Report on the International Workshop on Minimum Standards of Humanity "Cape Town, South Africa, September 27, 1996, and also the United Nations Document, January, 1997. E/CN.4/1997/77/Add.1, 28
See, Theodore Meron, Human Rights in Internal Conflict, International Protection, Grotias Publishing, Cambridge, 1987, p. 52
See , Peter Gasser, A measure of humanity in internal disturbances and tensions, a proposal for a code of conduct, International Review of the Red Cross, p. 262, January, 1988, p. 43
See, Stephen Marx, principles and standards of human rights in the region in emergencies, in Karel Vasak's book, International Dimensions of Human Rights, UNESCO, Paris, 1978, 218.
See, Marion Haroff Tavel, Measures Taken by the International Committee of the Red Cross in Cases of Internal Violence, International Review of the Red Cross, p. 294, May, 1993, pp. 195-220
This was mentioned in a declaration on the minimum humanitarian rules applicable in periods of tension and internal conflict, Journal of the International Committee of the Red Cross, previous reference.
See, Sherine Ahmed Abdi, International Protection for Missing Persons, University of Dohuk, Kurdistan Region, research published in the Journal of Legal and Political Research, Volume 3, Issue 16, dated 2-6-2021, p. 93
See, Human Rights Committee, Decision No. 21 of April 11, 1997
See, Theodore Meron, A Humanist Declaration Concerning Internal Conflict, American Journal of International Law, Vol. 78, 1984, pp. 859-868
See, the report of the International Law Commission on the work of its 48th session, May 6, 1996, United Nations Document 10/51, p. 137.
See, Article (4), the International Covenant on Civil and Political Rights, and Article (15) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, and Article (17) of the American Convention on Human Rights
See, Theodore Miron, Human Rights in Internal Conflict and Global Protection, Grotheis Publishing, Cambridge, 1987, pg. 52, and Hans Peter Gasser, A measure of humanity in internal disturbances and tensions, a proposal for a code of conduct, International Review of the Red Cross, No. 262, January 1988 , p. 43
See, Karel Fask, International Dimensions of Human Rights, UNESCO, Paris, 1978, pg. 218
See, Article 1 stipulates that “the High Parties undertake to respect and ensure respect for this Convention in all circumstances.”
See, d. Amer Al-Zamali, Application of International Humanitarian Law, Lectures on International Humanitarian Law, edited by Dr. Sherif Atlam, Cairo, 2001, International Committee of the Red Cross, p. 122.
See , Sherif Atlam, The role of the International Committee of the Red Cross in the development and development of the rules of international humanitarian law, Cairo, Egypt, 3rd edition, 2013, the International Committee of the Red Cross, p. 192
See , dr. Amer Al-Zamali, Implementation Mechanisms of International Humanitarian Law, International Humanitarian Law, Implementation Guide at the National Level, presented by Dr. Fathi Sorour, Cairo, Egypt, Dar Al-Mustaqbal Al-Arabi, 2003, pg. 258
See the four Geneva Conventions of 1949, Articles (47, 48) and Article (127/1), and Article (144/1).
The International Covenant, in the text of its first paragraph of Article (2), imposes respect for the state parties and ensuring respect for the rights recognized for all individuals, noting that Iraq is a party to this agreement since 1971.
Iraq joined this agreement by Law No. (17) of 2010, Iraqi Gazette, Issue 4158, dated 10/12/2010
See Article (1/2) of the said agreement
See, Sameh Jagger Al-Beltagy, Protection of Civilians in Times of Armed Conflict, Dar Al-Fikr Al-Jami`, 1st edition, 2008, p. 110.
See, Sameh Jaber Al-Beltagy, Protection of Civilians in Times of Armed Conflict, Dar Al-Fikr Al-Jami’i, Alexandria, 1st edition, 2007, p. 2
See , Lectures on International Humanitarian Law, Generation Scientific Research Center, February 12, 2014.
See, Adam Abdel-Jabbar Abdullah Berar, Protection of Human Rights during International Armed Conflicts between Sharia and Law, 1st Edition, Al-Halabi Human Rights Publications, Lebanon, 2009, p. 22
See, Basem Khalaf Al-Assaf, Protection of Journalists during Armed Conflicts, Dar Zahran for Publishing and Distribution, Amman, 2010, p. 73
See, Ali Abu Hani, International Humanitarian Law, Dar Al Khaldounia for Publishing and Distribution, Algeria, 2010, p. 165.
See, Dr. Thomas de Maizière, Joint Service Regulation (ZDv) 15/2 and Law of Armed Conflict Manual, Federal Ministry of Defense Berlin, 1 May 2013, P:335.
See, Mundhar Saeed Hammuda, Contemporary International Law, Dar Al-Fikr Al-Jamei, Alexandria, 1st edition, 2008, p. 80
See, Dinstein, Yoram. The Conduct of Hostilities under the Law of International Armed Conflict, Cambridge: Cambridge University Press,second edition , New york , 2010 , P:200.
See, Wael Anwar Bunduq, Encyclopedia of International Humanitarian Law, Dar Al-Fikr Al-Jami`, Alexandria, no publication date, pp. 481-485
See, Issam Abdel Fattah Matar, International Humanitarian Law, New University House, Alexandria, 2008, pg. 222
See Additional Protocol II relating to Non-International Armed Conflicts of December 12, 1977.
See Article (122) of the Third Geneva Convention of 1949 relating to prisoners of war
See the strategy for restoring family links and the implementation plan for the International Movement of the Red Cross and Red Crescent, 2008/2014, General Report, Council of Delegates 2007, p. 2.
See, International Committee of the Red Cross, International Humanitarian Law, the Manual of the Domestic Implementation of ، 1202 Geneva، Switzerland ، ICRC,
April 2013, P: 187
Consider, Sherif Atlam, the role of the International Committee of the Red Cross in the development and development of the rules of international humanitarian law, previous reference, pp. 148-149
See , Sherif Atlam, the role of the International Committee of the Cross in the development and development of the rules of international humanitarian law, previous reference, p. 150
See Article 71 of the Third Geneva Convention relating to Prisoners of War
See Article (33), the first additional protocol attached to the Fourth Geneva Conventions of 1977.
Same reference, Article (2/33)
See, Article (33), Additional Protocol I, 1977, supplemented by the four Geneva Conventions of 1949.
See, The Families Of Missing Persons A Practical Handbook, International Committee of the Red Cross , 1202 Geneva, Switzerland , ICRC, March 2013, P:22
See, the strategy of restoring family links and the plan for the International Movement of the Red Cross and Red Crescent, previous reference, p. 5
See Article (26) of the Fourth Geneva Convention, and Article (74) of Additional Protocol I relating to international armed conflicts.
See Article (24) of the Fourth Geneva Convention relating to the protection of civilians.
See, Article (78) of the first additional protocol related to non-international armed conflicts, 1977.
See, Article (17) of the First Geneva Convention for the Amelioration of the Condition of the Wounded and Sick of Armed Forces in the Field, dated August 12, 1949.
Information on information management regarding missing persons was included in the replies to the questionnaire submitted by Albania, Argentina, Armenia, Bosnia and Herzegovina, Germany, Guatemala, Jamaica, Mauritania, Mexico, Paraguay and Serbia.
See, Article (14), (Registry of information on missing persons), Guiding Principles / Model Law On The Missing, Op. Cit.P: 31.
For the national information bureau, see first Geneva Convention, arts. 16 and 17(4); second Geneva Convention, arts. 19(2) and 20; third Geneva Convention, arts. 120-123, fourth Geneva Convention, arts. 130, 136-138; Additional Protocol I, art. 33(3); and the 1907 Hague Regulations, art. 14. For the graves registration service, see first Geneva Convention, art. 17(3); second Geneva Convention, art. 20(2); third Geneva Convention, art. 120(6); and fourth Geneva Convention, art. 130(3).