Further, ED can amount to a crime against humanity
if carried out as part of a systematic and widespread
attack against a civilian population.11 In the context of
international and non-international armed conflicts,
States are required to prevent instances of missing
persons and ED with respect to persons deprived of
their liberty by establishing mechanisms to account
for and register such persons, and allow for visits.12
Further, under IHL, States have an ongoing obligation
to search for the missing and investigate such cases.13
11 Rome Statute of the International Criminal Court, Article 7(1).
12 Customary IHL, ICRC: Rule 98, Enforced disappearance is prohibited; ICRC: Rule 123, The personal details of persons deprived of their liberty must
be recorded.
13 Customary IHL, ICRC: Rule 117, Each party to the conflict must take all feasible measures to account for persons reported missing as a result of
armed conflict and must provide their family members with any information it has on their fate.
13
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