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When the Conflict Ends, While Uncertainty Continues: Accounting for Missing Persons between War and Peace in International Law

When the Conflict Ends, While Uncertainty Continues: Accounting for Missing Persons between War and Peace in International Law

Author: Alessandra La Vaccara
Publisher: Hart Publishing
ISBN: 9781509931798
Published In: June 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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One of the most challenging elements during any armed conflict and its aftermath is the need to determine the fate of the missing and to support families dealing with uncertainty. Another layer of complexity is added in cases where a missing person might have been involved in criminal activity. This book examines how international law meets these two distinct, but intertwined, needs. It shows that the duty to account for missing persons is cross-cutting in nature, requiring measures needing implementation before, during, and after armed conflict. At the same time, those measures cannot substitute any required to establish responsibility for IHL/IHRL violations and international crimes. Exploring specific examples, the book examines the role that international law plays in the international community's attempts to articulate humanitarian and accountability-driven efforts when dealing with the missing. By so doing, it suggests how linkages between such efforts can be established, both through legal and policy avenues.

INTRODUCTION

1. Terminology, scope of the study, and methodological aspects

2. Structure

CHAPTER I. THE EMERGENCE OF A DUTY TO ACCOUNT FOR MISSING PERSONS AND THE COMPLEXITY OF THE LINK BETWEEN CONFLICT AND POST-CONFLICT

1. Accounting for missing persons in the history of warfare

2. 1977 et l'occasion perdue: the politics of missing persons in IHL codification

3. The place of the issue of missing persons in the law of (post-)armed conflict

Conclusions

CHAPTER II. BEFORE, DURING, AND AFTER THE CONFLICT: THE CROSSCUTTING NATURE OF THE DUTY TO ACCOUNT FOR MISSING PERSONS UNDER INTERNATIONAL LAW

1. Missing persons and the right of families to know under IHL

2. The temporal dimensions - pre, durante, post - of the handling of information on missing persons under IHL

3. Missing persons and their families' right to know under IHRL

4. Implications of treaty-based restrictions for the families' quest for information

Conclusions

CHAPTER III. (RE)LOCATING THE RELATIONSHIP BETWEEN IHL AND IHRL RULES ON MISSING PERSONS IN POST-CONFLICT SETTINGS

1. The issue of missing persons under international law: At the crossroad between accountability-driven and humanitarian considerations

2. IHL/IHRL in the post-conflict legal framework: A tenable duo?

Conclusions

CHAPTER IV. THE FAMILIES' CLAIM FOR INFORMATION AND THE STATE'S REFUSAL/INABILITY TO RESPOND: CONTEXTUALIZING TWO OPPOSITE CLAIMS IN POST-CONFLICT

1. The inhumanity of uncertainty about the fate and whereabouts of missing relatives

2. The humanitarian duty to provide family members with information on the fate of their missing relatives under IHRL

3. The accountability dimension of the measures to ascertain the fate and whereabouts of missing persons

4. The limited scope of post-conflict lawful departures from the right of families to know the fate of their relatives

Conclusions

CHAPTER V. ACCOUNTING FOR MISSING PERSONS IN PEACE PROCESSES: WHOSE DUTY?

1. The importance of the issue of missing persons in peace processes

2. Post-conflict responses prompted by the right of families to know: Between ad-hocism and systematization

Conclusions

CHAPTER VI. THE FAMILIES' QUEST FOR INFORMATION ON THEIR MISSING RELATIVES: THE (POTENTIAL) CONTRIBUTION OF “JUSTICE IN TRANSITION”

1. Peace or justice? A false dilemma

2. The role of international justice in furthering the requests of families for information

Conclusions

CONCLUSIONS

1. Final remarks

2. Avenues for further research

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