OHCHR highlights 'obligation to prosecute' after investigations into disappeared persons

The Chief of Rule of Law, Equality and Non-Discrimination of the OHCHR highlighted the obligation to persecute violations of international humanitarian law at an event presenting the ‘Good practice guide for the use of forensic genetics in investigations into human rights and international humanitarian law violations’ at the UN Human Rights Council on Wednesday.

Panellists at the event included the Permanent Representative of Argentina (H.E. Ambassador Alberto D’Alotto), the Deputy Head of Operations of ICRC (Christophe Martin), the Chief of Rule of Law, Equality and Non-Discrimination of the OHCHR (Mona Rishmawi), along with several experts on forensic genetics involved in the drafting process.

In her presentation Ms Rishmawi made clear that states have an obligation under international human rights law and international humanitarian law to investigate gross violations of human rights, of which enforced disappearances is one. She said that this obligation to investigate was “very closely tied” to the “obligation to prosecute” and “the right to truth” and that the right to truth included the right to know what happened to the person, the circumstances under which the disappearance occurred, the gross violations of rights, the status of progress made, results of identification processes, and the identity of perpetrators.

Recognizing the increasingly important role of forensic genetics in identification of missing persons following armed conflicts and humanitarian crises, the Ministry of Foreign Affairs and Worship, Argentina, proposed that the UN Human Rights Council adopt guidelines – a proposal accepted in resolutions A/HRC/RES/10/26 and A/HRC/RES/15/5.

Argentina along with the ICRC has spent the last 4 years drafting these guidelines, which consider four main areas with respect to forensic genetics and international human rights and humanitarian law: ethical issues, legal issues, the use of biobanks and personal genetic databases, and technical aspects. 

All of the panellists emphasized the importance of the identification of missing persons for families and loved ones.

The full guidelines are to be published online shortly.

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