Publication date: 05.06.2024
Lawyer
Legal mechanisms for ensuring the rights of persons who lost contact with relatives or became homeless as a result of the military conflict
During an armed conflict, civilians often face tragic situations when they lose contact with their relatives or become homeless due to the destruction of their homes. Legal advice and careful analysis of documents are extremely important to ensure the protection of the rights of such vulnerable categories of persons.
According to the norms of international humanitarian law and human rights law, states are obliged to take all possible measures to facilitate the tracing of families and the restoration of family ties, as well as to provide protection and assistance to persons left without asylum.
The legal opinion on this issue should be based on the principles of respect for human dignity, family unity and provision of the basic needs of the civilian population in conflict conditions. States should promote the activities of organizations involved in the search for missing persons and family reunification.
The lawyer's legal opinion must clearly define that the deliberate destruction of civilian housing, the forced displacement of persons or their deportation from the occupied territories are serious violations of international humanitarian law and may be considered war crimes.
During the consultation, the lawyer must explain to persons who have lost contact with relatives or become homeless, their rights and available legal protection mechanisms in conflict conditions. This may include contacting the International Committee of the Red Cross, UN agencies such as UNHCR, or national authorities.
The legal opinion should also consider the issue of providing temporary housing and meeting the basic needs of forcibly displaced persons and homeless people in accordance with the norms of international humanitarian law and the principles of humanity.
The lawyer's legal opinion should contain recommendations on the procedure for documenting cases of forced displacement, destruction of housing and severance of family ties, collection of evidence and testimony for further investigation of these violations.
During the consultation, the lawyer should also pay attention to the need for a thorough analysis of documents, such as lists of persons looking for relatives, certificates of housing destruction, reports of humanitarian organizations, in order to establish facts of violation of the rights of victims.
The legal opinion should take into account the specific challenges faced by persons who have lost contact with relatives or become homeless in conflict situations, such as threats to their security, limited freedom of movement, lack of resources and difficulties in accessing information.
The lawyer's legal opinion should focus on the importance of cooperation with international humanitarian organizations, such as the International Committee of the Red Cross, UNHCR and non-governmental organizations, to ensure the coordination of efforts to protect the rights of victims, provide them with the necessary assistance and collect information about violations.
In summary, the lawyer's consultation and legal opinion should emphasize that states have a special responsibility to protect the rights of persons who have lost contact with relatives or become homeless as a result of military conflict. It is necessary to take all possible measures to reunite families, provide temporary shelter and meet the basic needs of the civilian population in accordance with the norms of international humanitarian law.
