Practice Relating to Rule 116. Accounting for the Dead

Geneva Convention (1929)
Article 4, second paragraph, of the 1929 Geneva Convention provides that belligerents “shall establish and transmit to each other the certificates of death”. 
Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field, Geneva, 27 July 1929, Article 4, second para.
Geneva Convention I
Article 16 of the 1949 Geneva Convention I provides:
Parties to the conflict shall record as soon as possible, in respect of each wounded, sick or dead person of the adverse Party falling into their hands, any particulars which may assist in his identification.
These records should if possible include:
a) designation of the Power on which he depends;
b) army, regimental, personal or serial number;
c) surname;
d) first name or names;
e) date of birth;
f) any other particulars shown on his identity card or disc;
g) date and place of capture or death;
h) particulars concerning wounds or illness, or cause of death.
As soon as possible the above mentioned information shall be forwarded to the Information Bureau described in Article 122 of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, which shall transmit this information to the Power on which these persons depend through the intermediary of the Protecting Power and of the Central Prisoners of War Agency.
Parties to the conflict shall prepare and forward to each other through the same bureau, certificates of death or duly authenticated lists of the dead. They shall likewise collect and forward through the same bureau one half of a double identity disc, last wills or other documents of importance to the next of kin, money and in general all articles of an intrinsic or sentimental value, which are found on the dead. These articles, together with unidentified articles, shall be sent in sealed packets, accompanied by statements giving all particulars necessary for the identification of the deceased owners, as well as by a complete list of the contents of the parcel. 
Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Geneva, 12 August 1949, Article 16.
Geneva Convention I
Article 17, third and fourth paragraphs, of the 1949 Geneva Convention I provides:
[The Parties to the conflict] shall organize at the commencement of hostilities an Official Graves Registration Service, to allow subsequent exhumations and to ensure the identification of bodies, whatever the site of the graves, and the possible transportation to the home country. These provisions shall likewise apply to the ashes, which shall be kept by the Graves Registration Service until proper disposal thereof in accordance with the wishes of the home country.
As soon as circumstances permit, and at latest at the end of hostilities, these Services shall exchange, through the Information Bureau mentioned in the second paragraph of Article 16, lists showing the exact location and markings of the graves together with particulars of the dead interred therein. 
Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Geneva, 12 August 1949, Article 17, third and fourth paras.
Geneva Convention II
Article 19 of the 1949 Geneva Convention II provides:
The Parties to the conflict shall record as soon as possible, in respect of each shipwrecked, wounded, sick or dead person of the adverse Party falling into their hands, any particulars which may assist in his identification. These records should if possible include:
a) designation of the Power on which he depends;
b) army, regimental, personal or serial number;
c) surname;
d) first name or names;
e) date of birth;
f) any other particulars shown on his identity card or disc;
g) date and place of capture or death;
h) particulars concerning wounds or illness, or cause of death.
As soon as possible the above-mentioned information shall be forwarded to the information bureau described in Article 122 of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, which shall transmit this information to the Power on which these persons depend through the intermediary of the Protecting Power and of the Central Prisoners of War Agency.
Parties to the conflict shall prepare and forward to each other through the same bureau, certificates of death or duly authenticated lists of the dead. They shall likewise collect and forward through the same bureau one half of the double identity disc, or the identity disc itself if it is a single disc, last wills or other documents of importance to the next of kin, money and in general all articles of an intrinsic or sentimental value, which are found on the dead. These articles, together with unidentified articles, shall be sent in sealed packets, accompanied by statements giving all particulars necessary for the identification of the deceased owners, as well as by a complete list of the contents of the parcel. 
Convention (II) for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, Geneva, 12 August 1949, Article 19.
Geneva Convention III
Article 120, second and fifth paragraphs, of the 1949 Geneva Convention III provides:
Death certificates in the form annexed to the present Convention, or lists certified by a responsible officer, of all persons who die as prisoners of war shall be forwarded as rapidly as possible to the Prisoner of War Information Bureau established in accordance with Article 122. The death certificates or certified lists shall show particulars of identity as set out in the third paragraph of Article 17, and also the date and place of death, the cause of death, the date and place of burial and all particulars necessary to identify the graves.
In order that graves may always be found, all particulars of burials and graves shall be recorded with a Graves Registration Service established by the Detaining Power. Lists of graves and particulars of the prisoners of war interred in cemeteries and elsewhere shall be transmitted to the Power on which such prisoners of war depended. Responsibility for the care of these graves and for records of any subsequent moves of the bodies shall rest on the Power controlling the territory, if a Party to the present Convention. These provisions shall also apply to the ashes, which shall be kept by the Graves Registration Service until proper disposal thereof in accordance with the wishes of the home country. 
Convention (III) relative to the Treatment of Prisoners of War, Geneva, 12 August 1949, Article 120, second and fifth paras.
Geneva Convention IV
Article 130, third paragraph, of the 1949 Geneva Convention IV provides:
As soon as circumstances permit, and not later than the close of hostilities, the Detaining Power shall forward lists of graves of deceased internees to the Powers on whom the deceased internees depended, through the Information Bureaux provided for in Article 136. Such lists shall include all particulars necessary for the identification of the deceased internees, as well as the exact location of their graves. 
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 130, third paragraph.
Additional Protocol I
Article 33 of the 1977 Additional Protocol I provides:
2. In order to facilitate the gathering of information pursuant to the preceding paragraph, each Party to the conflict shall, with respect to persons who would not receive more favourable consideration under the Conventions and this Protocol:
(a) record the information specified in Article 138 of the Fourth Convention in respect of … persons who have … died during any period of detention;
(b) to the fullest extent possible, facilitate and, if need be, carry out the search for and the recording of information concerning such persons if they have died in other circumstances as a result of hostilities or occupation. 
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), Geneva, 8 June 1977, Article 33. Article 33 was adopted by consensus. CDDH, Official Records, Vol. VI, CDDH/SR.37, 24 May 1977, p. 71.
NATO Standardization Agreement 2132
Paragraph 9 of the 1974 NATO Standardization Agreement 2132 describes the “procedure for reporting on allied patients to parent nations”. Paragraph 10 states: “In the case of death of a member of NATO forces if examined by a medical officer, the medical officer should determine the cause of death and report … to the deceased’s parent nation.” 
Standardization Agreement 2132, Edition 2, Documentation Relative to Medical Evacuation, Treatment and Cause of Death of Patients, North Atlantic Treaty Organization, Military Agency for Standardization, Brussels, 7 August 1974, §§ 9 and 10.
Plan of Operation for the Joint Commission to Trace Missing Persons and Mortal Remains
In proposal 1.1 of the 1991 Plan of Operation for the Joint Commission to Trace Missing Persons and Mortal Remains, the parties to the conflict in the former Yugoslavia agreed that they
shall provide to the adverse party/parties, through the intermediary of the ICRC and National Information Bureaux and, as rapidly as possible, all available information regarding: the identification of deceased persons [and] the gravesites of deceased persons belonging to the adverse parties. 
Plan of Operation Designed to Ascertain the Whereabouts or Fate of the Military and Civilian Missing, Annex to the Joint Commission to Trace Missing Persons and Mortal Remains: Rules of Procedure and Plan of Operation, established on the Basis of a Memorandum of Understanding between the Socialist Federal Republic of Yugoslavia, Republic of Croatia, Republic of Serbia, Yugoslav People’s Army and the International Committee of the Red Cross, Pècs, 16 December 1991, Proposal 1.1.
Argentina
Argentina’s Law of War Manual (1969) provides: “One half of a double identity disc or the whole disc if it is a single disc, shall remain on the body.” 
Argentina, Leyes de Guerra, RC-46-1, Público, II Edición 1969, Ejército Argentino, Edición original aprobado por el Comandante en Jefe del Ejército, 9 May 1967, § 3.005; see also Leyes de Guerra, PC-08-01, Público, Edición 1989, Estado Mayor Conjunto de las Fuerzas Armadas, aprobado por Resolución No. 489/89 del Ministerio de Defensa, 23 April 1990, §§ 6.03 and 6.04.
The manual also states:
When circumstances so permit and at latest at the end of the hostilities, [the obituary] services shall communicate to each other, through the Information Office … the lists indicating … the details relative to the dead. 
Argentina, Leyes de Guerra, RC-46-1, Público, II Edición 1969, Ejército Argentino, Edición original aprobado por el Comandante en Jefe del Ejército, 9 May 1967, § 3.005; see also Leyes de Guerra, PC-08-01, Público, Edición 1989, Estado Mayor Conjunto de las Fuerzas Armadas, aprobado por Resolución No. 489/89 del Ministerio de Defensa, 23 April 1990, § 6.05.
Australia
Australia’s Defence Force Manual (1994) states:
997. Particulars of Missing Persons. In order to facilitate the search for missing combatants, protected persons, civilians and persons who would not receive more favourable considerations under either the Geneva Conventions of Additional Protocols, each of the protagonists shall:
a. record the following information for each person … who has died:
(1) surname, all first names and nationality;
(2) place and date of birth;
(3) location of last residence and any distinguishing features;
(4) the first name of the father and the maiden name of the mother;
(5) the circumstances of captivity of detainment, including the date and place of detainment;
(6) the address to which correspondence may be sent to the captive or detainee; and
(7) the name and address of the person to be informed.
999. … Bodies shall be buried with one half of a double identity disc placed in the mouth of the deceased. The other half is to be kept for records by Graves Registration. In the event of only one identity disc, that is to remain with the body
9-101. As soon as is practical following the death of a combatant, a belligerent shall record the following information to aid identification. Such information is to be passed to the National Bureau direct, or through a Protecting Power to the Central Tracing Agency of the ICRC as follows:
a. nationality;
b. regimental or serial number and rank;
c. surname and all first names;
d. date of birth, religion and any other particulars shown on the body’s identity card of identity disc; and
e. the date, cause and place of death and if the body is given a field burial, the exact location of the remains to enable future exhumation of the body, or remains if necessary. 
Australia Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, §§ 997, 999 and 9-101.
Australia
Australia’s LOAC Manual (2006) states:
9.102 Particulars of missing persons. In order to facilitate the search for missing combatants, protected persons, civilians and persons who would not receive more favourable considerations under either the Geneva Conventions or Additional Protocols, each of the protagonists shall:
• record the following information for each person detained, imprisoned or otherwise held in captivity for a period of two weeks, or who has died:
– surname, all first names and nationality;
– place and date of birth;
– location of last residence and any distinguishing features;
– the first name of the father and the maiden name of the mother;
– the circumstances of captivity or detainment, including the date and place of detainment;
– the address to which correspondence may be sent to the captive or detainee; and
– the name and address of the person to be informed.
9.104 … Bodies shall be buried with one half of a double identity disc placed in the mouth of the deceased. The other half is to be kept for records by Graves Registration. In the event of only one identity disc, that is to remain with the body.
9.106 As soon as is practical following the death of a combatant, a belligerent shall record the following information to aid identification. Such information is to be passed to the national bureau direct, or through a protecting power to the Central Tracing Agency of the ICRC as follows:
• nationality;
• regimental or serial number and rank;
• surname and all first names;
• date of birth, religion and any other particulars shown on the body’s identity card or identity discs; and
• the date, cause and place of death and if the body is given a field burial, the exact location of the remains to enable future exhumation of the body, or remains if necessary. 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, §§ 9.102, 9.104 and 9.106.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Belgium
Belgium’s Law of War Manual (1983) provides: “The belligerents are obliged to exchange the information collected about the dead of the adverse party under their power.” 
Belgium, Droit Pénal et Disciplinaire Militaire et Droit de la Guerre, Deuxième Partie, Droit de la Guerre, Ecole Royale Militaire, par J. Maes, Chargé de cours, Avocat-général près la Cour Militaire, D/1983/1187/029, 1983, p. 49.
Belgium
Belgium’s Specific Procedure on the Prisoners of War Information Bureau (2007) states that the tasks of the PWIB (Prisoners of War Information Bureau) include:
c. Receiving and transmitting … [personal] information concerning … the dead of the adverse party who are in the power of the Belgian army. The information transmitted shall include that appearing on the identity card or tag of the deceased, as well as the date … place … and … cause of death …
d. Concerning Belgian … dead in the power of an enemy nation:
- Receiving from the CTA [Central Tracing Agency] all relevant information;
- Transmitting the information received to the HRG [Personnel Management Division within the Belgian Defence Headquarters] and to the units/civilian authorities concerned;
- Transmitting the information received to the families concerned, in accordance with any previously expressed wishes of deceased.
e. Replying to all enquiries addressed to the Bureau concerning prisoners of war, including those who have died in captivity. The PWIB will undertake or commission the necessary investigations in order to acquire missing information. 
Belgium, Structure et fonctionnement du Bureau de Renseignements sur les prisonniers de guerre, Procédure spécifique, Ministère de la Défense, 2007, p. 7, § 7(c), (d) and (e).
Benin
Benin’s Military Manual (1995) states: “One half of a double identity disc should remain on the body; the other half should be evacuated.” 
Benin, Le Droit de la Guerre, III fascicules, Forces Armées du Bénin, Ministère de la Défense nationale, 1995, Fascicule II, p. 12.
Burundi
Burundi’s Regulations on International Humanitarian Law (2007) states that “any information concerning the burials, graves, incinerations or transfer of bodies and their remains must be registered with the Graves Registration Service”. 
Burundi, Règlement n° 98 sur le droit international humanitaire, Ministère de la Défense Nationale et des Anciens Combattants, Projet “Moralisation” (BDI/B-05), August 2007, Part I bis, p. 105.
The Regulations also states: “The wills of [deceased] prisoners of war must be established in accordance with the conditions of validity required by the legislation of the State of origin; they must be forwarded without delay to the National Information Bureau.” 
Burundi, Règlement n° 98 sur le droit international humanitaire, Ministère de la Défense Nationale et des Anciens Combattants, Projet “Moralisation” (BDI/B-05), August 2007, Part I bis, p. 25; see also Part I bis, p. 105.
Cameroon
Cameroon’s Instructor’s Manual (2006), under the heading “The Dead”, states: “The ashes and personal effects must be evacuated. A report must be written about the deceased and the measures subsequently taken.” 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 122, § 403; see also p. 164, § 463.
The manual also states: “Means of identification that have been taken from the dead or otherwise found (identity card, identity disc), must be passed through an appropriate channel (e.g. personnel channel) to the National Information Bureau.” 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 166, § 463; see also p. 124, § 404 and p. 137, § 412.
The manual further states: “The National Information Bureau in liaison with the responsible officer must establish exhaustive lists of all deceased prisoners of war.” 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 265, § 621.
The manual also provides: “After their death, the will of a prisoner of war must be transmitted without delay to the Protecting Power and a certified copy must be sent to the National Information Bureau.” 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 264, § 621.
Canada
Canada’s LOAC Manual (1999) provides: “The Geneva Conventions impose certain obligations on Detaining Powers with regard to burial and reporting of dead personnel belonging to the adverse party.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 9-5, § 51.
The manual further states: “One half of a double disc, or the identity disc itself if it is a single disc, should remain on the body.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 9-6, § 57.
Canada
Canada’s Code of Conduct (2001) provides: “One half of the double identity disc, or the identity disc itself if it is a single disc, should remain with the body.” 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Rule 7, § 5.
Canada
Canada’s LOAC Manual (2001) states in its chapter on the treatment of the wounded, sick and shipwrecked:
924. Search for missing and dead
1. The Geneva Conventions impose certain obligations on Detaining Powers with regard to the burial and reporting of dead personnel belonging to the adverse party. [The 1977 Additional Protocol I] also imposes obligations to search for the missing and to report upon the disposal of the remains of the dead.
925. Care of remains
4. One half of the double identity disc, [or] the identity disc itself if it is a single disc, should remain on the body. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, §§ 924.1 and 925.4.
Canada
Canada’s Code of Conduct (2005) states: “One half of the double identity disc, or the identity disc itself if it is a single disc, should remain with the body.” 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Rule 7, § 5.
Croatia
Croatia’s LOAC Compendium (1991) provides that, with respect to the dead on land with a single identity disc, the disc shall remain on the body or with the urn containing the ashes. The single identity disc of dead at sea shall be evacuated. With respect to the dead bearing a double identity disc (on land and at sea), one half shall remain on the body or with the urn containing the ashes and the other half evacuated. 
Croatia, Compendium “Law of Armed Conflicts”, Republic of Croatia, Ministry of Defence, 1991, p. 47.
France
France’s LOAC Manual (2001) reproduces Article 17 of the 1949 Geneva Convention I. 
France, Manuel de droit des conflits armés, Ministère de la Défense, Direction des Affaires Juridiques, Sous-Direction du droit international humanitaire et du droit européen, Bureau du droit des conflits armés, 2001, p. 121.
The manual also provides for the creation of a national information bureau, which would be in liaison with the Central Information Agency. 
France, Manuel de droit des conflits armés, Ministère de la Défense, Direction des Affaires Juridiques, Sous-Direction du droit international humanitaire et du droit européen, Bureau du droit des conflits armés, 2001, p. 34.
Hungary
Hungary’s Military Manual (1992) provides that with respect to the dead on land with a single identity disc, the disc shall remain on the body or with the urn containing the ashes. The single identity disc of dead at sea shall be evacuated. With respect to the dead bearing a double identity disc (on land and at sea), one half shall remain on the body or with the urn containing the ashes and the other half evacuated. 
Hungary, A Hadijog, Jegyzet a Katonai, Föiskolák Hallgatói Részére, Magyar Honvédség Szolnoki Repülötiszti Föiskola, 1992, p. 77.
Israel
Israel’s Manual on the Laws of War (1998) states:
It is incumbent on each party to keep a record of a fallen soldier’s personal details and particulars of death, and hand over to the other side half of the dog-tag worn by the fallen soldier … as well as a death certificate. 
Israel, Laws of War in the Battlefield, Manual, Military Advocate General Headquarters, Military School, 1998, p. 61.
Israel
Israel’s Manual on the Rules of Warfare (2006) states:
Each side has the duty to record details of the fallen and details of the death, and to send to the other side half the identity tag worn by the fallen, his personal possessions and the death certificate. The Additional Protocols indicate the right of the families to know the fate of [their relatives] and provide that each side is required to search for the enemy’s missing in action and allow access to search parties. 
Israel, Rules of Warfare on the Battlefield, Military Advocate-General’s Corps Command, IDF School of Military Law, Second Edition, 2006, p. 39.
The Manual on the Rules of Warfare (2006) is a second edition of the Manual on the Laws of War (1998).
Kenya
Kenya’s LOAC Manual (1997) states:
Identity cards shall be evacuated. With respect to the dead bearing a double identity disc, one half shall remain on the body (or with the urn containing the ashes) and the other half evacuated. With respect to the dead with a single identity disc, the whole disc shall remain on the body (or with the urn containing the ashes) … As soon as the tactical situation permits, a report on the death and the subsequent measures taken shall be established. 
Kenya, Law of Armed Conflict, Military Basic Course (ORS), 4 Précis, The School of Military Police, 1997, Précis No. 3, pp. 11 and 12.
Madagascar
Madagascar’s Military Manual (1994) provides: “Information concerning the identification of the … dead must be recorded.” 
Madagascar, Le Droit des Conflits Armés, Ministère des Forces Armées, August 1994, Fiche No. 2-T, § 23.
Mexico
Mexico’s Army and Air Force Manual (2009), in a section on the 1949 Geneva Convention I, states:
Parties to the conflict must record as soon as possible any particulars of the wounded, sick and dead of the adverse party which may assist in their identification, including the designation of the power on which they depend and the following details:
A. number;
B. surname;
C. first name(s);
D. date of birth;
E. any other particulars shown on their identity card or disc;
F. date and place of capture or death;
G. particulars concerning wounds or illness or cause of death. 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 93.
In a section on the 1949 Geneva Convention III, the manual also states: “Death certificates [of prisoners of war] must be forwarded as rapidly as possible to the respective Prisoner of War Information Bureau.” 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 199.
Netherlands
The Military Manual (2005) of the Netherlands states:
Death of prisoners of war
If a prisoner of war dies in detention, information (notification of death) must in all cases be passed to the information bureau (see point 0752; G III Article 120, Annex IV.D). Where applicable, the protecting power must also be informed. This information should consist specifically of the name, rank, date of birth and registration number, date and place of death, cause of death, date and place of burial, and all particulars necessary to locate the grave. A will of a prisoner of war should be forwarded direct to the information bureau after his death, and possibly also to the protecting power. All particulars of funerals and graves should be registered by a graves service (in the Netherlands the Royal Dutch Army Recovery and Identification Service). 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 0751.
Nigeria
Nigeria’s Manual on the Laws of War provides:
The belligerents have to register as soon as possible all the particulars that can help to identify an enemy soldier who is … dead. These registration records together with identification tags, documents … must be forwarded to the enemy. 
Nigeria, The Laws of War, by Lt. Col. L. Ode PSC, Nigerian Army, Lagos, undated, § 35.
Peru
Peru’s IHL Manual (2004) states:
Each party to the conflict must record, as soon as possible, the information required to identify the dead of the adverse party in its power. The information must include the same details as listed above for the wounded, sick and shipwrecked. It must also include the place and date of death and any information on the cause of death. The involvement of the medical personnel is essential in this task.
As soon as possible, this information must be sent to the national information bureau (or to the ICRC delegation if there is no national information bureau), which must convey it, via the ICRC Central Tracing Agency, to the power on which the person concerned depends.
Death certificates, lists of the dead, half of the identity disc (the other half must remain on the body), last wills and any other documents of importance to the next of kin, money and, in general, all objects of an intrinsic or sentimental value found on the body, details of the exact location of their gravesites and the information marked on them must also be sent. 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 85.c.
Peru
Peru’s IHL and Human Rights Manual (2010) states:
Each party to the conflict must record, as soon as possible, the information required to identify the dead of the adverse party in its power. The information must include the same details as listed above for the wounded, sick and shipwrecked. It must also include the place and date of death and any information on the cause of death. The involvement of the medical personnel is essential in this task.
As soon as possible, this information must be sent to the national information bureau (or to the ICRC delegation if there is no national information bureau), which must convey it, via the ICRC Central Tracing Agency, to the power on which the person concerned depends.
Death certificates, lists of the dead, half of the identity disc (the other half must remain on the body), last wills and any other documents of importance to the next of kin, money and, in general, all objects of an intrinsic or sentimental value found on the body, details of the exact location of their gravesites and the information marked on them must also be sent. 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 76(a), pp. 274–275.
Philippines
The Military Instructions (1989) of the Philippines provides that, upon evacuation of the deceased to the nearest morgue, “the next of kin if at all possible” should be informed. 
Philippines, Safety of Innocent Civilians and Treatment of the Wounded and Dead, Directive to Commanders of Major Services and Area Commands, Office of the Chief of Staff, General Headquarters of the Armed Forces of the Philippines, Ministry of National Defence, 6 September 1989, p. 27, § 4.
Philippines
The Philippine Army Soldier’s Handbook on Human Rights and International Humanitarian Law (2006) provides:
After an engagement:
3. Report the circumstances of the death or wounding of the enemies. If it is possible and the circumstances permit, report to your superiors in writing the detailed circumstances of the death or wounding of the enemy.
4. Identify the dead. Pursue the identification of the dead. Enemy forces often bring with them documents that carry their identities. After identification, inform the nearest of kin and respect their cultural traditions. 
Philippines, Philippine Army Soldier’s Handbook on Human Rights and International Humanitarian Law, A Practical Guide for Internal Security Operations, 2006, pp. 60–61, §§ 3–4.
Poland
Poland’s Procedures Governing the Interment of Soldiers Killed in Action (2009) states:
A copy of the [burial] report should be sent to:
- in the case of the burial of fallen or deceased members of the allied forces: NATO headquarters, who will pass the report on to national headquarters.
- the Military Personnel Records Office or the Information Bureau of the Polish Red Cross.
The Records Office should also receive a report on the burial of soldiers belonging to enemy forces, together with a list of buried allied and enemy soldiers. 
Poland, Norma Obronna NO-02-A053:2004, Działania wojenne Procedury pochówku poległych i zmarłych, enacted by decision No. 134/MON related to the Approval and Enforcement of Regulatory Instruments in Respect of State Defence and Security, 21 April 2009, published in the Official Gazette of the Ministry of National Defence, No. 8, Item 99, April 2009, Section 2.5.2.
The Procedures also states: “Identity tags belonging to deceased members of the national or allied armed forces shall be split in two parts, and … [one] part should be sent to the headquarters of the unit responsible for the burial of the fallen and the dead.” 
Poland, Norma Obronna NO-02-A053:2004, Działania wojenne Procedury pochówku poległych i zmarłych, enacted by decision No. 134/MON related to the Approval and Enforcement of Regulatory Instruments in Respect of State Defence and Security, 21 April 2009, published in the Official Gazette of the Ministry of National Defence, No. 8, Item 99, April 2009, Section 2.7.
Senegal
Senegal’s IHL Manual (1999) provides that, in situations of internal troubles: “The dead shall be identified. This information shall be sent to civil authorities. Red Cross or Red Crescent organisations are entitled to collect such information.” 
Senegal, IHL Manual (1999), p. 18, § 6.
Sierra Leone
Sierra Leone’s Instructor Manual (2007) states:
It is therefore the responsibility that at the end of every engagement soldiers should …
f. Evacuate the identity card or disc [from the dead]. Those with double disc, one shall remain and evacuate the other. This is to inform the family, who have a right to know what has happened to their relative.
j. The above mentioned actions shall be applied to all dead persons, whether civilian or military, own or enemy forces. 
Sierra Leone, The Law of Armed Conflict. Instructor Manual for the Republic of Sierra Leone Armed Forces (RSLAF), Armed Forces Education Centre, September 2007, pp. 38–39.
South Africa
South Africa’s LOAC Teaching Manual (2008) states:
c. Prisoners of War [POW]
Death of POW
The Detaining Power has specific duties with regard to the:
- sending of death certificates to the NIB [National Information Bureau].
d. Wounded, sick, shipwrecked, the dead and missing.
Identification (Article 15 [1949] Geneva Convention I)
- The Parties to a conflict are obliged to record and forward the particulars of the wounded, sick and dead to the NIB of the ICRC.
- This is done for the purpose of infoming the next-of-kin.
Burial of the Dead
- As soon as circumstances permit, and at latest at the end of hostilities, [the Graves Registration] Services shall exchange, through the Information Bureau mentioned in the second paragraph of Article 16 [of 1949 Geneva Convention I], lists showing the exact location and markings of the graves, together with particulars of the dead interred therein. 
South Africa, Advanced Law of Armed Conflict Teaching Manual, School of Military Justice, 1 April 2008, as amended to 25 October 2013, Learning Unit 2, pp. 91, 99, 102 and 105–107.
Spain
Spain’s LOAC Manual (2007) states: “Reports on deaths and subsequent measures taken must be sent to the national information bureau.” 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 5.2.d.(6).
Switzerland
Switzerland’s Basic Military Manual (1987) provides: “Half of the double identity disc, or the whole disc if single, shall remain on the body.” 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 76, commentary.
The manual further states: “All elements helping to identify the … dead enemy … shall be recorded and communicated without delay to the Official Information Office.” 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 77.
The information to be collected includes, for instance, the date and place of death, indications concerning the death and all other information on the identity card or the half of a double identity disc. 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 77, commentary.
Togo
Togo’s Military Manual (1996) states: “One half of a double identity disc should remain on the body; the other half should be evacuated.” 
Togo, Le Droit de la Guerre, III fascicules, Etat-major Général des Forces Armées Togolaises, Ministère de la Défense nationale, 1996, Fascicule II, p. 12.
Ukraine
Ukraine’s IHL Manual (2004) states:
2.5.3.4. … Half of the double identity disc, last will and other documents relevant for the family of the deceased, money, things found on the body of an intrinsic or sentimental value shall be included into the list made in two copies and sealed in a packet together with a copy of the list. Such packets, together with burial certificates and lists of the dead shall be transmitted to the National Information Bureau.
2.5.3.7. … As soon as circumstances permit but no later than the general end of hostilities those protocols, lists and packets with the belongings of the dead (deceased) shall be transmitted to the competent authorities of the other parties in accordance with the established procedure. 
Ukraine, Manual on the Application of IHL Rules, Ministry of Defence, 11 September 2004, §§ 2.5.3.4 and 2.5.3.7.
United Kingdom of Great Britain and Northern Ireland
The UK Military Manual (1958) provides:
Belligerents must record as soon as possible any particulars which may assist in the identification of dead persons belonging to the opposing belligerent who fall into their hands. This information must be forwarded to the information bureau described in the P.O.W. Convention, Article 122. The belligerents must also forward to each other through that bureau certificates of death or duly authenticated lists of the dead; one half of the identity discs found on the bodies (the other half to be left on the body) … 
United Kingdom, The Law of War on Land being Part III of the Manual of Military Law, The War Office, HMSO, 1958, § 382; see also LOAC Manual (1981), Section 6, p. 22, § 4.
United States of America
The US Field Manual (1956) provides:
As soon as possible the … information [recorded by the parties to the conflict on the dead person of the adverse party] shall be forwarded to the Information Bureau described in Article 122 [of the 1949 Geneva Convention I], which shall transmit this information to the Power on which these persons depend … Parties to the conflict shall prepare and forward to each other through the same bureau, certificates of death or duly authenticated lists of the dead. 
United States, Field Manual 27-10, The Law of Land Warfare, US Department of the Army, 18 July 1956, as modified by Change No. 1, 15 July 1976, § 217; see also Operational Law Handbook, JA 422, Center for Law and Military Operations and International Law Division, The Judge Advocate General’s School, United States Army, Charlottesville, Virginia 22903-1781, 1993, p. Q-185.
Azerbaijan
Azerbaijan’s Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War (1995) provides:
The appropriate authorities and governmental bodies of the Azerbaijan Republic shall ensure that the necessary measures be taken that:
3) … all the information regarding the burial and graves should be registered by the funeral parlour;
4) the list of the graves and all information concerning the prisoners of war buried in the cemeteries and other places should be given to the party the prisoners of war belong to. 
Azerbaijan, Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War, 1995, Article 29(3)–(4).
Bangladesh
Bangladesh’s International Crimes (Tribunal) Act (1973) states that the “violation of any humanitarian rules applicable in armed conflicts laid down in the Geneva Conventions of 1949” is a crime. 
Bangladesh, International Crimes (Tribunal) Act, 1973, Section 3(2)(e).
Bosnia and Herzegovina
Bosnia and Herzegovina’s Criminal Code (2003), as amended in 2005, states: “Whoever, having knowledge of the location of a mass grave, fails to inform of its location, shall be punished by imprisonment for a term not exceeding three years.” 
Bosnia and Herzegovina, Criminal Code, 2003, as amended in 2005, Article 231a.
Denmark
Denmark’s Military Criminal Code (1973), as amended in 1978, provides:
Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment]. 
Denmark, Military Criminal Code, 1973, as amended in 1978, § 25(1).
Denmark’s Military Criminal Code (2005) provides:
Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment]. 
Denmark, Military Criminal Code, 2005, § 36(2).
Ireland
Ireland’s Geneva Conventions Act (1962), as amended in 1998, provides that any “minor breach” of the 1949 Geneva Conventions, including violations of Articles 16 and 17 of the Geneva Convention I, Article 19 of the Geneva Convention II, Article 120 of the Geneva Convention III and Article 130 of the Geneva Convention IV, and of the 1977 Additional Protocol I, including violations of Article 33(2), are punishable offences. 
Ireland, Geneva Conventions Act, 1962, as amended in 1998, Section 4(1) and (4).
Italy
Italy’s Law of War Decree (1938), as amended in 1992, provides: “The Government of the King, in the way it considers appropriate, will make available to the enemy State news of the death of people belonging to the latter’s armed forces”. 
Italy, Law of War Decree, 1938, as amended in 1992, Article 94.
Norway
Norway’s Military Penal Code (1902), as amended in 1981, provides:
Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the Geneva Conventions of 12 August 1949 … [and in] the two additional protocols to these Conventions … is liable to imprisonment. 
Norway, Military Penal Code, 1902, as amended in 1981, § 108.
Sri Lanka
Sri Lanka’s Prisons Ordinance (1878), as amended to 2005, states:
PART II
DUTIES OF OFFICERS
MEDICAL OFFICER
21. On the death of any prisoner the medical officer shall forthwith record in writing the following particulars, namely:–
(a) when the deceased was taken ill;
(b) when the medical officer was first informed of the illness;
(c) the nature of the disease;
(d) when the prisoner died;
(e) and (in cases where a post-mortem examination is made) an account of the appearances after death; together with any special remarks that may appear to the medical officer to be required.
JAILER
26. Upon the death of a prisoner the jailer shall give immediate notice thereof to the Superintendent and to the Magistrate having jurisdiction over the area in which the prison is situated, and also when practicable, to the nearest relative of the deceased. 
Sri Lanka, Prisons Ordinance, 1878, as amended to 2005, Articles 21 and 26.
These articles apply to persons deprived of their liberty under Sri Lanka’s Emergency Regulations (2005) pursuant to section 19 of these regulations.
South Africa
In 1987, in the Petane case, the Cape Provincial Division of South Africa’s Supreme Court dismissed the accused’s claim that the 1977 Additional Protocol I reflected customary international law. The Court stated:
The accused has been indicted before this Court on three counts of terrorism, that is to say, contraventions of s 54(1) of the Internal Security Act 74 of 1982. He has also been indicted on three counts of attempted murder.
The accused’s position is stated to be that this Court has no jurisdiction to try him.
… The point in its early formulation was this. By the terms of [the 1977 Additional] Protocol I to the [1949] Geneva Conventions the accused was entitled to be treated as a prisoner-of-war. A prisoner-of-war is entitled to have notice of an impending prosecution for an alleged offence given to the so-called “protecting power” appointed to watch over prisoners-of-war. Since, if such a notice were necessary, the trial could not proceed without it, Mr Donen suggested that the necessity or otherwise for giving such a notice should be determined before evidence was led. …
On 12 August 1949 there were concluded at Geneva in Switzerland four treaties known as the Geneva Conventions. …
South Africa was among the nations which concluded the treaties. … Except for the common art 3, which binds parties to observe a limited number of fundamental humanitarian principles in armed conflicts not of an international character, they apply to wars between States.
After the Second World War many conflicts arose which could not be characterised as international. It was therefore considered desirable by some States to extend and augment the provisions of the Geneva Conventions, so as to afford protection to victims of and combatants in conflicts which fell outside the ambit of these Conventions. The result of these endeavours was Protocol I and Protocol II to the Geneva Conventions, both of which came into force on 7 December 1978.
Protocol II relates to the protection of victims of non-international armed conflicts. Since the State of affairs which exists in South Africa has by Protocol I been characterised as an international armed conflict, Protocol II does not concern me at all.
The extension of the scope of art 2 of the Geneva Conventions was, at the time of its adoption, controversial. …
The article has remained controversial. More debate has raged about its field of operation than about any other articles in Protocol I. …
South Africa is one of the countries which has not acceded to Protocol I. Nevertheless, I am asked to decide, as I indicated earlier, as a preliminary point, whether Protocol I has become part of customary international law. If so, it is argued that it would have been incorporated into South African law. If it has been so incorporated it would have to be proved by one or other of the parties that the turmoil which existed at the time when the accused is alleged to have committed his offences was such that it could properly be described as an “armed conflict” conducted by “peoples” against a “ra[c]ist regime” in the exercise of their “right of self-determination”. Once all this has been shown it would have to be demonstrated to the Court that the accused conducted himself in such a manner as to become entitled to the benefits conferred by Protocol I on combatants, for example that, broadly speaking, he had, while he was launching an attack, distinguished himself from civilians and had not attacked civilian targets. …
… I am prepared to accept that where a rule of customary international law is recognised as such by international law it will be so recognised by our law.
To my way of thinking, the trouble with the first Protocol giving rise to State practice is that its terms have not been capable of being observed by all that many States. At the end of 1977 when the treaty first lay open for ratification there were few States which were involved in colonial domination or the occupation of other States and there were only two, South Africa and Israel, which were considered to fall within the third category of ra[c]ist regimes. Accordingly, the situation sought to be regulated by the first Protocol was one faced by few countries; too few countries in my view, to permit any general usage in dealing with armed conflicts of the kind envisaged by the Protocol to develop.
Mr Donen contended that the provisions of multilateral treaties can become customary international law under certain circumstances. I accept that this is so. There seems in principle to be no reason why treaty rules cannot acquire wider application than among the parties to the treaty.
Brownlie Principles of International Law 3rd ed at 13 agrees that non-parties to a treaty may by their conduct accept the provisions of a multilateral convention as representing general international law. …
I incline to the view that non-ratification of a treaty is strong evidence of non-acceptance.
It is interesting to note that the first Protocol makes extensive provision for the protection of civilians in armed conflict. …
In this sense, Protocol I may be described as an enlightened humanitarian document. If the strife in South Africa should deteriorate into an armed conflict we may all one day find it a cause for regret that the ideologically provocative tone of s 1(4) has made it impossible for the Government to accept its terms.
To my mind it can hardly be said that Protocol I has been greeted with acclaim by the States of the world. Their lack of enthusiasm must be due to the bizarre mixture of political and humanitarian objects sought to be realised by the Protocol. …
According to the International Review of the Red Cross (January/February 1987) No 256, as at December 1986, 66 States were parties to Protocol I and 60 to Protocol II, which, it will be remembered, deals with internal non-international armed conflicts. With the exception of France, which acceded only to Protocol II, not one of the world’s major powers has acceded to or ratified either of the Protocols. This position should be compared to the 165 States which are parties to the Geneva Conventions.
This approach of the world community to Protocol I is, on principle, far too half-hearted to justify an inference that its principles have been so widely accepted as to qualify them as rules of customary international law. The reasons for this are, I imagine, not far to seek. For those States which are contending with “peoples[’]” struggles for self-determination, adoption of the Protocol may prove awkward. For liberation movements who rely on strategies of urban terror for achieving their aims the terms of the Protocol, with its emphasis on the protection of civilians, may prove disastrously restrictive. I therefore do not find it altogether surprising that Mr Donen was unable to refer me to any statement in the published literature that Protocol I has attained the status o[f] customary international [law].
I have not been persuaded by the arguments which I have heard on behalf of the accused that the assessment of Professor Dugard, writing in the Annual Survey of South African Law (1983) at 66, that “it is argued with growing conviction that under contemporary international law members of SWAPO [South-West Africa People’s Organisation] and the ANC [African National Congress] are members of liberation movements entitled to prisoner-of-war status, in terms of a new customary rule spawned by the 1977 Protocols”, is correct. On what I have heard in argument I disagree with his assessment that there is growing support for the view that the Protocols reflect a new rule of customary international law. No writer has been cited who supports this proposition. Here and there someone says that it may one day come about. I am not sure that the provisions relating to the field of application of Protocol I are capable of ever becoming a rule of customary international law, but I need not decide that point today.
For the reasons which I have given I have concluded that the provisions of Protocol I have not been accepted in customary international law. They accordingly form no part of South African law.
This conclusion has made it unnecessary for me to give a decision on the question of whether rules of customary international law which conflict with the statutory or common law of this country will be enforced by its courts.
In the result, the preliminary point is dismissed. The trial must proceed. 
South Africa, Supreme Court, Petane case, Judgment, 3 November 1987, pp. 2–8.
South Africa
In 2010, in the Boeremag case, South Africa’s North Gauteng High Court stated:
In Petane, … Conradie J found that the provisions of [the 1977 Additional] Protocol I are not part of customary international law, and therefore are also not part of South African law.
Referring to the fact that in December 1986 only 66 of the 165 States party to the Geneva Conventions had ratified Protocol I, the Court [in Petane] stated:
This approach of the world community to Protocol I is, on principle, far too half-hearted to justify an inference that its principles have been so widely accepted as to qualify them as rules of customary international law. The reasons for this are, I imagine, not far to seek. For those States which are contending with “peoples[’]” struggles for self-determination, adoption of the Protocol may prove awkward. For liberation movements who rely on strategies of urban terror for achieving their aims the terms of the Protocol, with its emphasis on the protection of civilians, may prove disastrously restrictive. I therefore do not find it altogether surprising that Mr Donen was unable to refer me to any statement in the published literature that Protocol I has attained the status of customary international law.
Important changes with respect to certain aspects applicable at the time of Petane have taken place. The ANC [African National Congress] has become South Africa’s ruling party and in 1995 ratified Protocol I. The total number of States that have ratified it, is now … 162.
This last aspect forms the basis on which the First Respondent [the State] and the applicants agree that Protocol I forms part of customary international law as well as of South African law. As requested, this position is accepted for the purposes of the decision, without deciding on the matter.
Despite these changes, it remains debatable whether the provisions of Protocol I have become a part of South African law in this way.
The consensus of both parties to the conflict is required. See Petane … and Article 96 of Protocol I. …
Parliament’s failure to incorporate Protocol I into legislation in accordance with Article 231(4) of the Constitution in fact points to the contrary, and is indicative that the requirements of usus and/or opinio juris have not been met. See Petane. 
South Africa, North Gauteng High Court, Boeremag case, Judgment, 26 August 2010, pp. 21–22.
[footnotes in original omitted]
The Court also held:
If the [1977 Additional Protocol I] applies in South Africa as customary international law, the two requirements that form the basis of customary law must be met. It is arguable that the requirement of usus has been met by the vast number of States that have acceded or ratified it. By ratifying Protocol I the Republic of South Africa has indicated its intention to apply the Protocol, thereby fulfilling the requirement of opinio juris. 
South Africa, North Gauteng High Court, Boeremag case, Judgment, 26 August 2010, p. 66.
Malaysia
The Report on the Practice of Malaysia states: “Unidentified bodies are briefly described (e.g. by age, sex, any distinguishing feature) and buried. Lists are made available to interested parties indicating burial sites of the unidentified dead.” 
Report on the Practice of Malaysia, 1997, Chapter 5.1.
Philippines
The Report on the Practice of the Philippines notes that it is the practice in the Philippines during clashes between government troops and insurgent forces for the military to account for the number of dead insurgents and of those taken prisoner. The information collected is then passed on to the authorities with a view to transmitting the names of the missing to the rebel side. This notification is, however, frequently subject to delay. 
Report on the Practice of the Philippines, 1997, Chapter 5.4, referring to Human Rights Update, Soldiers detain, torture 5 civilians, Vol. 10(8), November–December 1996.
UN General Assembly
In a resolution adopted in 1974 on assistance and cooperation in accounting for persons who are missing or dead in armed conflicts, the UN General Assembly stated:
Recognizing that one of the tragic results of armed conflicts is the lack of information on persons – civilians as well as combatants – who are missing or dead in armed conflicts.
Noting with satisfaction the resolution V, adopted by the twenty-second International Conference of the Red Cross held at Teheran from 28 October to 15 November 1973, calling on parties to armed conflicts to accomplish the humanitarian task of accounting for the dead …
Considering that … the provision of information on those who are missing … should not be delayed …
4. Calls upon all parties to armed conflicts to cooperate, in accordance with the Geneva Conventions of 1949, with protecting Powers or their substitutes, and with the ICRC, in providing information on the missing and dead in armed conflicts, including persons belonging to other countries not parties to the armed conflict. 
UN General Assembly, Res. 3220 (XXIX), 6 November 1974, preamble and § 4, voting record: 95-0-32-11.
UN Sub-Commission on Human Rights
In a resolution adopted in 1992, the UN Sub-Commission on Human Rights urged the Indonesian authorities, on humanitarian grounds, to cooperate with the families of victims of the fighting in East Timor by providing information about the dead and the whereabouts of their remains. 
UN Sub-Commission on Human Rights, Res. 1992/20, 27 August 1992, § 7.
UN Commission on Human Rights (Special Rapporteur)
In 1995, in a report on the situation of human rights in the territory of the former Yugoslavia, the Special Rapporteur of the UN Commission on Human Rights recommended that the Croatian authorities identify all those killed and provide information to the families about the causes of death and the place of burial. 
UN Commission on Human Rights, Special Rapporteur on the Situation of Human Rights in the Former Yugoslavia, Periodic report, UN Doc. E/CN.4/1996/6, 5 July 1995, § 59.
UN Commission of Experts Established pursuant to Security Council Resolution 780 (1992)
In 1994, in its final report on grave breaches of the Geneva Conventions and other violations of IHL committed in the former Yugoslavia, the UN Commission of Experts Established pursuant to Security Council Resolution 780 (1992) noted, with respect to its investigation into mass graves: “For every deceased person who falls into the hands of the adverse party, the adverse party must record, prepare, and forward all identification information, death certificates … to the appropriate parties.” 
UN Commission of Experts Established pursuant to Security Council Resolution 780 (1992), Final report, Annex Summaries and Conclusions, UN Doc. S/1994/674/Add.2 (Vol. I), 31 May 1995, § 503(b).
No data.
International Conference of the Red Cross (1973)
The 22nd International Conference of the Red Cross in 1973 adopted a resolution on the missing and dead in armed conflicts in which it recognized that “one of the tragic consequences of armed conflicts is a lack of information on persons missing, killed or deceased in captivity”. The Conference further called on parties to conflicts to
co-operate with Protecting Powers, with the ICRC and its Central Tracing Agency, and with such other appropriate bodies as may be established for this purpose, and in particular National Red Cross Societies, to accomplish the humanitarian mission of accounting for the dead and missing, including those belonging to third countries not parties to the armed conflict. 
22nd International Conference of the Red Cross, Teheran, 8–15 November 1973, Res. V.
International Conference of the Red Cross (1981)
The 24th International Conference of the Red Cross in 1981 adopted a resolution on the wearing of identity discs in which it recalled that Articles 16 and 17 of the 1949 Geneva Convention I “provide for identity discs to be worn by members of the armed forces to facilitate … the communication of their deaths to the Power on which they depend”. The Conference further reminded “the Parties to an armed conflict that one half of each disc must, in case of death, be detached and sent back to the Power on which the member of the armed forces depended, the other half remaining on the body”. 
24th International Conference of the Red Cross, Manila, 7–14 November 1981, Res. I, § 3.
International Conference of the Red Cross (1986)
The 25th International Conference of the Red Cross in 1986 urged the parties to every international armed conflict “to implement the provisions of Articles 16 and 17 of the First Geneva Convention, prescribing the wearing of identity discs by members of the armed forces, in order to facilitate the forwarding of information concerning [the dead] to the Power on which they depend”. 
25th International Conference of the Red Cross, Geneva, 23–31 October 1986, Res. XIII, § 1.
Inter-American Court of Human Rights
In its judgment in the Velásquez Rodríguez case in 1988, the Inter-American Court of Human Rights found that the State was obliged to use the means at its disposal to inform the relatives of the location of the remains of the dead. 
Inter-American Court of Human Rights, Velásquez Rodríguez case, Judgment, 29 July 1988, § 181.
Inter-American Court of Human Rights
In its judgment in the Godínez Cruz case in 1989, the Inter-American Court of Human Rights stated that, where a person has been killed as a result of a disappearance, the State had an obligation to inform the relatives of the location of the remains. 
Inter-American Court of Human Rights, Godínez Cruz case, Judgment, 20 January 1989, § 191.
No data.
No data.