This article looks at the issue of enforced disappearances of migrants during their migratory journey or once they have reached their destination, a subject yet to be addressed in the literature. It examines how the legal and analytical framework provided by international human rights law and migration law applies to enforced disappearances of migrants. It then reviews the factors that contribute to this phenomenon in different contexts, including the disappearance of migrants for political reasons, those that take place in detention and deportation processes and those that take place within the context of migrant smuggling and trafficking.

This article aims at positioning the agency of the displaced within the longue durée, as it is exposed in contexts of hospitality and asylum, by articulating its key modes: contingent, willed and compelled. Using the ancient world as its starting point, the article exposes the duplicity in conceiving of the current condition of displacement as transient or exceptional. As such, it argues for the urgent need of a shift in the perception of displaced persons from that of impotent victims to potent agents, and to engage with the new forms of exceptional politics which their circumstances engender.

This article gives an overview of the principles regulating the use of force under the Islamic law of war in the four Sunni schools of Islamic law. By way of introducing the topic, it briefly discusses the origins, sources and characteristics of the Islamic law of war. The discussion reveals the degree of compatibility between these Islamic principles and the modern principles of international humanitarian law, and offers insights into how these Islamic principles can help in limiting the devastation and suffering caused by contemporary armed conflicts in Muslim contexts, particularly those conflicts in which Islamic law is invoked as the source of reference.

This article examines the different types of mechanisms which can contribute to addressing the issue of the missing, including providing answers on the fate and whereabouts of missing persons. It looks in detail at one approach that the authors have observed in the field. It argues that an approach based on humanitarian objectives which does not look into who is responsible for the disappearance, with proper management of confidential information, could be a powerful instrument for searching for and collecting relevant information on the missing in certain contexts. The article also proposes avenues for further research, with a view to enhancing the global capacity to provide meaningful answers for the missing and their families.

The vulnerability of migrants and the threats to which they are exposed during their journey, on land, at sea, or in countries where they have settled, raise serious humanitarian concerns that cannot be ignored. In view of the transregional nature of migration, the International Committee of the Red Cross (ICRC) and other components of the International Red Cross and Red Crescent Movement (the Movement) draw on their presence all along migration routes to contribute to the humanitarian response and alleviate the suffering of vulnerable migrants. The Movement's proximity to vulnerable migrants through its solid and experienced network of responders along migratory routes is one of its specific advantages. The aim of this article is to explain the ICRC's view on and approach to migration. It underlines that the ICRC's response is dictated by humanitarian needs, and stresses that these needs can be greatly reduced when States abide by their commitments under international law and adopt and implement policies that take into account the protection and assistance needs of migrants. It acknowledges the diverse and complex human realities behind migration and outlines the main protection and assistance concerns of migrants in countries and regions where the ICRC operates.

In October 2015, by co-sponsoring United Nations Human Rights Council Resolution 30/1 entitled “Promoting Reconciliation, Accountability and Human Rights in Sri Lanka”, the Sri Lankan government formally committed to embarking on a transitional justice process following three decades of armed conflict. Several thousand people allegedly disappeared during this period, often in connection with the armed conflict or as a result of internal disturbances. It is in this context that the Office on Missing Persons (OMP) was operationalized in 2018. This article discusses the nature of tracing investigations into the fate and whereabouts of missing persons of the type to be carried out by the OMP. It argues that these investigations, while ostensibly pursuing a humanitarian approach, cannot be artificially and hermetically separated from criminal justice processes. Further, it seeks to demonstrate that an integrated approach whereby strong linkages with criminal processes are provided for and encouraged best serves the interests of truth and justice.

From a land called the “Cradle of Civilizations” to one that is now described as “apocalyptic” and “one of the most dangerous places on Earth”, Syria may have no more critical moment than the current crisis to reflect on what is taking it down this terrifyingly dark path. We resort to history in order to decipher the mysteries of the present, and there is no more honest and direct history than that of the built environment: a concrete object that tells the narratives not only of the winners, the wealthy and the powerful, but also of those who were brushed aside, cut apart and walked over.

This Opinion Note argues that reversing the process which led to the loss of home and the loss of urban fabric is the foundation of reclaiming these as essential elements of recovery after war and destruction. It examines four areas of transformation where modern urban planning and architecture have left their marks on the Levantine city, to give a clearer understanding of the role of architecture and where to begin in the rebuilding.

This article attempts to situate the Office on Missing Persons (OMP) in Sri Lanka in relation to varying approaches to mechanisms for searching for the missing. In particular, the article examines the possible tensions between a humanitarian and an accountability-based mandate and supports the position of the International Committee of the Red Cross that these two approaches can in fact be complementary in nature. It goes on to contend that the OMP's mandate is primarily humanitarian rather than exclusively humanitarian, and analyzes how this distinction may impact possible criminal prosecutions. It emphasizes the importance of preserving the humanitarian character of the OMP with the objective of ensuring that the victims’ rights are at the centre of transitional justice processes.

The movement of migrants across international borders may result in grave humanitarian consequences and protection and assistance needs for those involved. Although many reach their destinations safely, others may find themselves in a country experiencing armed conflict – either because they live there or are travelling through there – and may endure great difficulties and be particularly vulnerable. In these situations, as civilians, migrants are protected under international humanitarian law (IHL) against the effects of hostilities and when in the hands of a party to the conflict. This article will provide an overview of the protection afforded by IHL to migrants as civilians in international and non-international armed conflicts. It will then examine more closely certain particularly relevant rules for the issue of migration, notably those related to the movement of migrants, family unity, and missing and dead migrants. In this way, this article will show that IHL provides important legal protections for migrants finding themselves in situations of armed conflict.

The war in Syria has lasted for six years and has led to massive destruction and loss of life. Stymieing international peace efforts from the outset, there is increasing doubt that the conflict will reach a resolution or political settlement in the near future. This frustration has triggered an appetite among States, civil society and the international community for finite and concrete measures that can contribute to greater protection and compliance with international law. A recent constellation of events around the protection of cultural property appears to herald a shift in the response of the international community toward prescribing practical and actionable measures for third-party States. Drawing on the responsibility of third States “to respect and ensure respect for” international humanitarian law, this article examines the legal framework protecting cultural property and recent innovative protection responses that contribute to ensuring compliance with international law in Syria, short of military assistance and intervention.

In recent years there have been repeated calls for the establishment of so-called “safe areas” to protect civilians from the effects of hostilities in a number of contexts. The present article presents the international law framework relevant to the establishment and operation of such areas: the provisions of international humanitarian law on protected zones; the rules regulating resort to armed force, Security Council authorization and mandates for the establishment of such areas by multinational forces in the absence of agreement between belligerents; and the refugee and international human rights issues raised by such zones. Using the example of the “protection of civilians sites” in South Sudan, the article then highlights some of the operational challenges raised by safe areas. It concludes with some reflections on how to enhance the likelihood that belligerents will establish such protected zones in the future.

This article discusses the role of archives of transitional justice and “dealing with the past” (DWP) mechanisms when determining the fate of missing persons. The concept of dealing with the past, the terms “enforced disappearance” and “missing person”, and the specific role of archives in periods of transition are examined. Subsequently, specific questions and challenges related to access and use of archives by DWP mechanisms, including those mechanisms with a mandate to determine the fate of missing persons, are described. Many questions related to access to archives, information management and preservation of records are similarly applicable to DWP mechanisms in general and to specific mechanisms mandated to search for missing persons. The article provides some examples of States’ obligations related to maintaining and providing access to archives that could assist in the search for missing persons under international law and policy. The article concludes by emphasizing the importance of the preservation and protection of archives relevant for dealing with the past. It further highlights the need to grant DWP mechanisms, especially those aimed at determining the fate of missing persons, access to those archives.

This article provides an overview of the development of the International Federation of Red Cross and Red Crescent Societies’ (IFRC) approach to migration and displacement. The focus of the IFRC and its member National Red Cross and Red Crescent Societies (National Societies) in this regard has traditionally been on refugees and other so-called “displaced persons” – that is, people who have been compelled to flee their place or country of origin and for this reason are deemed to be particularly vulnerable. However, this focus has been extended recently, in the course of the past decade, to cover all people who find themselves in a vulnerable situation in the context of migration. The IFRC Migration Policy, which was adopted in 2009, has offered much-needed guidance to National Societies in dealing with all migrants, including irregular migrants. However, it is argued that there is a need today – taking into consideration the increasing number of displaced people worldwide and the numerous contexts in which National Societies are dealing with refugees, internally displaced persons or cross-border disaster-displaced persons – to better understand the programmatic aspects that are specific to displacement compared with migration. This is a necessary condition in view of the development of more adequate and effective responses to the vulnerabilities and needs of migrants and displaced persons.

Dr Morris Tidball-Binz is a forensic doctor who joined the International Committee of the Red Cross (ICRC) in 2004 and has since worked for the organization in numerous contexts, helping to develop its novel forensic capacity. Having begun his career with forensic and human rights organizations, he helped pioneer in his native South America the application of forensic science to human rights investigations, particularly the search for the disappeared. He helped create the ICRC's Forensic Unit, of which he was the first Director until early 2017; he then headed the forensic operation for the Humanitarian Project Plan. He is currently the Forensic Manager for the ICRC's new Missing Persons Project. He spoke with the Review to share his insights on the development of humanitarian forensic action and its role in protecting the dead and clarifying the fate of missing persons.

This article analyzes the Draft Articles on the Protection of Persons in the Event of Disasters adopted by the International Law Commission in 2016 in light of the recommendation made by the Commission to elaborate a convention on the basis of this project. While the latter proposal is still under evaluation by the United Nations General Assembly, which has recently decided to postpone its decision until 2020, such a potential outcome would represent a significant novelty in the area of disaster law, currently characterized by a fragmented legal framework and the lack of a universal flagship treaty. The Draft Articles thus aim to provide a systematization of the main legal issues relevant in the so-called disaster cycle, with solutions that accommodate the different interests of actors involved in a disaster scenario – namely, the affected State, external assisting actors and disaster victims – using a complex “checks and balances” approach.

This article considers the key data protection challenges facing humanitarian organizations providing assistance to refugees, internally displaced persons and migrants. These challenges are particularly significant for several reasons: because data protection has come relatively late to the humanitarian sector; because humanitarian organizations are under pressure to innovate rapidly; because the global communications architecture on which many of these innovations depend is inherently vulnerable to State surveillance; and because States are deploying increasingly sophisticated and coercive means to prevent irregular forms of migration and/or subjecting humanitarian organizations to surveillance and disruption. The first part of the article outlines the fundamental rights challenges presented by contemporary data-driven migration control paradigms. The second outlines concerns about “data-driven humanitarianism” and “mass surveillance” to show how humanitarian organizations risk inadvertently exacerbating these problems. The third assesses specific data protection challenges that humanitarian organizations face and the policies and practices they have developed in response. The article concludes with some brief observations on the technical and political dynamics shaping their efforts to comply with their legal and ethical obligations, and calls for the sector to work together to extend data protection norms and outlaw cyber-attacks by State actors.

A significant increase in the number of arrivals of refugees and migrants in Europe along the Western Balkans route brought several Balkan countries into the spotlight of international refugee protection in 2015 and 2016. Out of hundreds of thousands of refugees and migrants recorded entering the former Yugoslav Republic of Macedonia and Serbia, only a handful remained to seek asylum from their authorities. Under the circumstances, the applicability of the 1951 Refugee Convention with respect to refugees refraining from seeking asylum was brought into question, as well as the extent of transit countries’ legal obligations under refugee law. Based on the Western Balkans experience, the present article seeks to re-examine the relationship between the concept of asylum and the regime of the 1951 Refugee Convention, the Convention's scope of application in “transit countries”, and minimal standards stemming from positive law regarding the treatment of refugees and migrants in a transit context.

This article analyzes the evolution in international law of the obligation to search for and return the remains of forcibly disappeared and missing persons. Receiving the remains of forcibly disappeared and missing persons is one of the primary needs of their families, who bring the issue to international courts and non-judicial mechanisms. This obligation has been incrementally recognized and developed by different human rights courts, which have included the obligation to search for and return the remains of disappeared persons in their remedies. In parallel to the development of the obligation by international courts, the international community has begun to become more involved in assisting in return of the remains of forcibly disappeared and missing persons to their families.

The development of unmanned systems (UMS) for naval combat poses a profound challenge to existing conventions regarding the treatment of the shipwrecked and wounded in war at sea. Article 18 of the 1949 Geneva Convention II states that warring parties are required to take “all possible measures” to search for and collect seamen left in the water after each engagement. The authors of the present paper analyze the ethical basis of this convention and argue that the international community should demand that UMS intended for roles in war at sea be provided with the capacity to make some contribution to search and rescue operations.

The roundtable on “Emerging Military Technologies Applied to Urban Warfare” brought together governmental, military and academic experts from various disciplines, including law, ethics, political science, philosophy, engineering and strategic studies. Over two days, experts from across Australia considered three areas of emerging technology and their intersection with urban warfare: cyber-capabilities, new robotics and autonomous weapons, and human modification technologies. In the final session, the roundtable discussed the influence of new technologies on military and strategic decision-making processes, with a focus on the implications in urban environments.