ICRC “Missing” Conference

U.S. Final Statement
By T. Michael Peay
Legal Advisor, U.S. Mission to the United Nations in Geneva

February 21, 2003

Mr. Chairman,

Thank you for the opportunity to make a few, brief comments as this conference concludes.

--The United States is concerned about the range of complex issues relating to “the missing." We take this matter seriously, and we welcome the ICRC’s initiative to focus attention on it.

--Americans know from our own experience that families are torn apart by sudden loss of loved ones and by not knowing what has happened to them. For instance:

--There are still American service personnel missing from previous actions dating all the way back to the Korean conflict, World War II, and even earlier; accounting for these missing Americans is of the highest priority to our government. The seriousness with which the United States regards the issue of “the missing” is demonstrated by the significant funding and diplomatic support we have consistently given to the work of the ICRC and the IFRC.

--This Conference represents the culmination of a year's discussion among technical experts from around the world. The “observations and recommendations” emanating from the conference provide a sound basis for reflection and further discussion and dissemination within our respective organizations -- and for implementation, where appropriate.

-- As the Conference Chairman has noted, the final conference document is not to be considered as legally binding. Accordingly, the Conference did not establish new norms, standards, or obligations regarding international humanitarian and human rights law.

--The Conference, however, did achieve success in raising and broadening awareness about the issue of the "missing". At the plenary session and, even more so, in the comments made by the technical experts during various panel discussions, a significant number of suggestions were voiced, some of which were aspirational but all of which, of course, will be given due consideration. The discussions over the past three days have clearly enriched our collective understanding and appreciation of the complexity and the human dimension of these problems.

--The final document gives all of us much to consider. Yet, we hasten to emphasize that one of the most important contributions governments can make with respect to the phenomenon of the missing is to fully adhere to their respective obligations under existing international law.

--Finally, Mr. Chairman, the ICRC deserves considerable praise for undertaking this international initiative, and we commend the ICRC staff members - especially the Missing Project Director, Sophie Martin -- who worked long and hard to get us here. We also warmly appreciate the efforts of Mr. Yves Sandoz and Amb. Nicholas Michel, whose wise, thoughtful, and diplomatic leadership guided this conference to a successful conclusion.

Thank you Mr. Chairman and fellow participants.