Statement [Made on Behalf of the Security Council, at the 9675th Meeting, 28 June 2024, in Connection with the Council's Consideration of the Item Entitled "Protection of Civilians in Armed Conflict"]

S/PRST/2024/4No PDF available

Who created this mandate?

A Presidential Statement of the Security Council, under agenda item 189Protection of civilians in armed conflict, published in 2024.

What subjects does this mandate have?

3 topics

Disappearance of Persons Human Rights in Armed Conflicts International Humanitarian Law

What does this mandate say?

29 paragraphs

At the 9675th meeting of the Security Council, held on 28 June 2024, in connection with the Council’s consideration of the item entitled “Protection of civilians in armed conflict”, the President of the Security Council made the following statement on behalf of the Council:

“The Security Council recognizes the devastating effects of armed conflicts on civilians.

“The Security Council notes that this month marks five years since the adoption of resolution 2474 (2019) on persons missing as a result of armed conflict and calls for its effective implementation.

“The Security Council recalls international law relevant to the issue of missing persons as a result of armed conflict, consistent with international humanitarian law, in particular the Geneva Conventions of 12 August 1949 and the Additional Protocols thereto of 1977, and further recalling the obligations of States Parties to the 1949 Geneva Conventions to respect and ensure respect for the Conventions in all circumstances.

“The Security Council notes that this year marks the 75th anniversary of the adoption of the Geneva Conventions of 1949, which together with their Additional Protocols are a key part of the legal framework for the protection of civilians in armed conflict and encourages States parties to the Geneva Conventions that have not yet done so to consider becoming parties to the Additional Protocols at the earliest possible date.

“The Security Council notes further that this year also marks the 25th anniversary of the progressive consideration by the Security Council of the protection of civilians in armed conflict as a thematic issue; and acknowledges the enduring need for the Security Council and Member States to redouble efforts to strengthen the protection of civilians in armed conflict.

“The Security Council reaffirms that parties to armed conflict bear the primary responsibility to take all feasible steps to ensure the protection of civilians.

“The Security Council recalls that States bear the primary responsibility to respect and ensure the human rights of all individuals within their territory and subject to their jurisdiction, as provided for by relevant international law.

“The Security Council reaffirms the important contribution of measures to prevent persons from going missing as a result of armed conflict, including, inter alia; enacting national legislation, ensuring detainee registration, providing appropriate training for armed forces, producing and providing proper means of identification, including for members of armed forces, the establishment of national information bureaus upon the outbreak of an armed conflict, grave registration services and registers of deaths and ensuring accountability, as appropriate, in cases of missing persons.

“The Security Council reiterates its strong support for the efforts of international organizations, in particular the International Committee of the Red Cross, in addressing the issue of missing persons, consistent with the Geneva Conventions of 1949 and their Additional Protocols of 1977, and appreciating the work of the national, regional and international organizations and mechanisms in this field.

“The Security Council reaffirms its concern about the reports of a dramatic increase in persons missing as a result of armed conflict, which entails consequences for the missing persons themselves and for their families, especially women and children, and communities in the immediate and long-term, and reaffirming in this regard the importance of allowing families to know the fate and whereabouts of their missing relatives, consistent with applicable international humanitarian law, which is of crucial humanitarian importance.

“The Security Council underscores that it is critical for States to address the issue holistically, from prevention to searching locations, identifying missing persons and returning human remains to their families, without adverse distinction, that informed and early action is crucial for addressing cases of missing persons in an effective and credible manner, and that the manner in which these cases are addressed affects relations between parties to armed conflict and efforts to resolve conflicts.

“The Security Council recalls the importance of truth, justice and accountability in addressing the issue of missing persons and in efforts towards reconciliation and the peaceful settlement of conflicts, and the end of impunity.

“The Security Council notes that full and timely support for humanitarian components can be critical in ensuring and enhancing the sustainability of any peace agreement and post-conflict peacebuilding and emphasizes the importance of inclusion of humanitarian elements in peace negotiations and agreements, including issues related to prisoners of war, detainees and missing persons and others protected by international humanitarian law.

“The Security Council calls upon parties to armed conflict to take all appropriate measures to actively search for persons reported missing, to enable the return of their remains, to account for persons reported missing without adverse distinction and to put in place appropriate channels enabling response and communication with families on the search process, and to consider the provision of information on available services in relation to administrative, legal, economic and psychosocial difficulties and needs they may face as a result of having a missing relative, including through an interaction with competent national and international organizations and institutions.

“The Security Council calls upon parties to armed conflict to take appropriate measures to prevent persons from going missing as a result of armed conflict, through the facilitation of the reunion of families dispersed as a result of armed conflict, and to allow for the exchange of family news, consistent with their international obligations.

“The Security Council calls upon parties to armed conflict to pay the utmost attention to cases of children reported missing as a result of armed conflict, and to take appropriate measures to search for and identify those children.

“The Security Council calls upon parties to armed conflict to register and notify the personal details of missing persons and persons deprived of their liberty as a result of armed conflict, including prisoners of war, in accordance with their international obligations.

“The Security Council further calls upon States, in cases of missing persons as a result of armed conflict, to take measures, as appropriate, in order to ensure thorough, prompt, impartial and effective investigations and the prosecution of offences linked to missing persons as a result of armed conflict, in accordance with national and international law, with a view to full accountability.

“The Security Council calls upon States to ensure that family members of missing persons, especially women and children, have access to their custody, property and land rights, in accordance with their national legislations and the right to equal protection of the law.

“The Security Council urges parties to armed conflict to collect, protect, and manage all relevant data and documents on missing persons as a result of armed conflict while respecting privacy, consistent with applicable national and international law.

“The Security Council urges parties to armed conflict to search for and recover the dead as a result of armed conflict, to identify them, including by recording all available information and mapping the location of burial sites, to respect the remains of the dead, including by respecting and properly maintaining their graves, and to return them, whenever possible, to their relatives, consistent with applicable obligations under international humanitarian law and human rights law; as it relates to personal data protection, and to refrain from deliberate and improper relocation of remains from mass graves, to avoid excavation and recovery efforts by untrained persons that result in the damage or destruction of human remains, and to ensure that, in any exhumation or recovery effort, data possibly leading to the identification of the deceased person is adequately collected and recorded.

“The Security Council reiterates its support for the efforts of the ICRC in seeking access to information on persons reported missing and calls on all parties to armed conflict to comply with their commitments in respect to such access.

“The Security Council urges parties to armed conflict to cooperate with the ICRC and its Central Tracing Agency in addressing the issue of missing persons, consistent with applicable obligations under international humanitarian law and to establish national information bureaus or other mechanisms, upon the outbreak of a conflict, to collect and exchange information on respective categories of protected persons, to transmit such information to that party, with the support of the Central Tracing Agency as a neutral intermediary, where appropriate, and to open enquiries regarding these persons.

“The Security Council reaffirms the importance of strengthening the role and capacity of the existing national, regional and international mechanisms that assist in addressing the issue of missing persons as a result of armed conflict, to provide advice and support to Member States, other national, international and regional organizations and mechanisms in this field, to provide training, to exchange, as appropriate, on respective registries of missing persons cases, and to share best practices in close cooperation with all relevant organisations.

“The Security Council urges all parties to armed conflict to allow and facilitate, in a manner consistent with relevant provisions of international humanitarian law, full, safe and unhindered access of humanitarian personnel engaged in the search for and identification of missing persons or their remains as soon as circumstances permit.

“The Security Council calls upon all Member States to engage in networking, exchange of experience, best practices and technical recommendations, and other means of cooperation and coordination with state institutions, and, as appropriate, with national commissions on missing persons, competent regional and international organizations and mechanisms.

“The Security Council encourages Member States to increase their voluntary financial, technical training and logistical efforts as well as assistance for states, upon their request, in support of exhumation and identification processes relevant to the search for missing persons as a result of armed conflict, in particular to advance forensic scientific and methodological efforts for the recovery, identification and management of bodies or human remains in a way that respects human dignity.

“The Security Council affirms its steadfast commitment to preventing and addressing the issue of missing persons in armed conflict, and supporting the humanitarian needs of affected individuals and their families. The Security Council calls upon all parties to armed conflict, Member States, and international organizations to continue their efforts to implement resolution 2474 (2019) and to uphold the rules and principles of international humanitarian law and respect human rights.”

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