@phdthesis{Uka2025, author = {Uka, Naim}, title = {Influence of international law on the issue of missing persons : the right of family members to know the fate of missing persons}, doi = {10.26127/BTUOpen-7183}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:co1-opus4-71839}, school = {BTU Cottbus - Senftenberg}, year = {2025}, abstract = {The issue of missing persons remains a pressing humanitarian and legal challenge, particularly in post-conflict societies. This dissertation examines the influence of international law on addressing the fate of missing persons, with a specific focus on the right of family members to truth and justice. The study explores the existing legal frameworks, including International Humanitarian Law (IHL) and Human Rights Law (HRL), to assess their effectiveness in ensuring the rights of families to receive information about their missing relatives. It critically analyzes legal ambiguities, the role of international institutions, and the impact of partial ratification of key legal instruments on national responses to the missing persons issue. Through a comparative approach, the research investigates the legal, political, and institutional obstacles that hinder the resolution of missing person's cases, with a special emphasis on the Balkans. The study also evaluates the role of civil society organizations in advocating for accountability and truth, assessing their contributions to legal reforms and transitional justice mechanisms. Findings suggest that while international law provides a robust framework for addressing the missing person's crisis, gaps in implementation and political considerations continue to obstruct progress. This research contributes to the ongoing discourse on humanitarian law and human rights by proposing recommendations for strengthening legal mechanisms, enhancing international cooperation, and improving the rights of families to truth, justice, and reparation. The dissertation underscores the necessity of depoliticizing the missing persons issue to ensure that humanitarian concerns take precedence over state interests.}, subject = {Missing persons; International law; Human rights; Forensic science; Transitional justice; Vermisste Personen; V{\"o}lkerrecht; Menschenrechte; Forensische Wissenschaft; {\"U}bergangsjustiz; Balkanhalbinsel; Menschenrecht; Humanit{\"a}res V{\"o}lkerrecht; Vermisster; Aufkl{\"a}rung ; Nachkriegszeit}, language = {en} }