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During an armed conflict and in its aftermath, measures must be undertaken in order to ascertain the fate of the missing and to address the emotional distress of families from the lack of news on their relatives. In the same contextual settings, cases of missing persons may involve criminal accountability, thereby triggering actions directed to answer questions like `who is responsible?' and `what are the circumstances of the crime?'. These courses of action respond to two different needs, i.e., the need of families to know the fate and whereabouts of their missing relatives, and the societal and individual need for accountability. The book examines how the international legal framework meets these two distinct, but intertwined, needs. It captures the diversity of international rules concerning the issue of persons reported missing in armed conflict, as well as the complexity of their implementation in the transition from an armed conflict to peace. The book shows that the duty to account for missing persons has a temporal cross-cutting nature, since its implementation requires measures before, during, and after an armed conflict. Dealing with the issue of the missing across phases - i.e., durante bello and post bellum - entails a complex interplay of international norms. Affirming the relevance of the dialectic between International Humanitarian Law (IHL) and International Human Rights Law (IHRL) in the transition from conflict to peace, the book analyzes the simultaneous application of IHL and IHRL rules on missing persons in post-conflict and proposes a set of criteria that should govern their interplay. Measures that respond to the right of families to know the fate of their relatives cannot substitute those that are required to establish responsibility for IHL/IHRL violations and international crimes, and vice-versa. Examining specific examples, the book unveils the role that international law plays in the attempts of the international community to articulate humanitarian and accountability-driven efforts vis-à-vis post-conflict daims for information on the missing. In light of this analysis, the book explores the legal and policy aspects of how to build linkages between such efforts.

Personnes disparues (droit international). --- Disappeared persons (International law) --- Personnes disparues (droit international) --- War victims --- Victimes de guerre --- Legal status, laws, etc --- Droit --- Missing persons (International law) --- Missing persons --- Missing persons - Legal status, laws, etc

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"This book explores the international legal framework governing the crime and human rights violation of enforced disappearance. It includes an analysis and comparison of the existing international human rights case law and an assessment of the rules of international humanitarian law and international criminal law applicable to enforced disappearance. The study includes a review, comparison, and analysis of the case law of the international criminal tribunals, the Human Rights Committee, the Inter-American and European Courts of Human Rights and the African Commission on Human and People's Rights"--Provided by publisher.

Human rights --- International law --- Basic rights --- Civil rights (International law) --- Droits de l'homme --- Droits de la personne --- Droits fondamentaux --- Droits individuels --- Grondrechten --- Libertés publiques --- Mensenrechten --- Rechten van de mens --- Rights [Human ] --- Rights of man --- Humanitarian law --- Disappeared persons --- Droit international humanitaire --- Droits de l'homme (Droit international) --- Personnes disparues --- Legal status, laws, etc. --- Droit --- Victims of state-sponsored terrorism --- International criminal law --- Legal status, laws, etc --- International Convention for the Protection of All Persons from Enforced Disappearance --- Disappeared persons (International law) --- Humanitarian law. --- International criminal law. --- Disappeared persons (International law). --- Direitos humanos --- Droits de l'Homme --- Menschenrechte --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- Criminal jurisdiction --- International crimes --- Humanitarian conventions --- International humanitarian law --- War (International law) --- Desaparecidos --- Missing persons --- State-sponsored terrorism victims --- Victims of state terrorism --- Victims of terrorism --- Disappeared persons - Legal status, laws, etc --- Victims of state-sponsored terrorism - Legal status, laws, etc

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This book examines how international judicial and non-judicial bodies in Europe address the needs of the families of forcibly disappeared persons. The needs in question are returning the remains of disappeared persons; the right to truth; the acceptance of responsibility by states; and the right to compensation. These have been identified as the four most commonly shared basic and fundamental needs of families in which an adult was disappeared many years previously and is now assumed to be dead, which is representative of the situation of the vast majority of families of disappeared persons in Europe. The analysis covers the judgments and decisions of the European Court of Human Rights, the UN Human Rights Committee, the International Criminal Tribunal for the former Yugoslavia, the Human Rights Chamber for Bosnia and Herzegovina, the Human Rights Advisory Panel in Kosovo, as well as the activities of the Committee on Missing Persons in Cyprus, the Special Process on Missing Persons in the Territory of former Yugoslavia, the UN Committee on Enforced Disappearances and the International Commission on Missing Persons. In so doing, the book demonstrates whether, how, and based on what principles these four needs of the families of disappeared persons can constitute a claim based on international human rights law.

Transitional justice --- Justice transitionnelle --- Disappeared persons --- Personnes disparues --- Disappeared persons' families --- Familles des personnes disparues --- Disappeared persons (International law) --- Personnes disparues (Droit international) --- Human rights --- Droits de l'homme (Droit international) --- War victims --- Victimes de guerre --- Legal status, laws, etc --- Droit --- Legal status, laws, etc. --- International agencies --- Organisations internationales --- International criminal law --- Political rights --- Jurisprudence --- Law --- Civic rights --- Civil rights --- Citizenship --- Missing persons --- Victims of state-sponsored terrorism --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- International crimes --- Philosophy --- Law and legislation --- Status of persons --- mensenrechten --- strafrecht --- internationaal recht --- European Court of Human Rights --- Europe