Assistance to Justice

States have obligations under international and domestic law to conduct effective investigations into the fate of missing persons and the circumstances of their disappearance.

In addition, International Humanitarian Law, requires that parties to armed conflicts facilitate enquiries about persons missing as a result of hostilities. The State’s obligation to conduct effective investigations regarding missing persons is also a recognized procedural guarantee of the right to life. A range of corresponding rights have emerged from this, including the right to the truth and the right to justice.

ICMP supports justice sector institutions to help them strengthen their capacity to investigate missing and disappeared persons cases. This support includes cooperation agreements with international tribunals and courts, as well as international law enforcement agencies.

Initially, ICMP’s Assistance to Justice Program provided evidence at trials in domestic courts and before the International Criminal Tribunal for the former Yugoslavia (ICTY) related to crimes committed during the conflicts in the former Yugoslavia.

 

ICMP supports international and domestic criminal justice processes and helps states fulfil their obligations under international and domestic law to conduct effective investigations into the fate of missing persons and the circumstances of their disappearance.

ICMP has also made depositions for consideration by the parties to criminal trials, encompassing explanations of its policies, including its data processing and protection policy, and technical processes, such as anthropological examinations, archaeological field work, and DNA-led identification. 

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