No Impunity For Enforced Disappearances
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| Author | : Tullio Scovazzi |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 453 |
| Release | : 2007 |
| Genre | : History |
| ISBN | : 900416149X |
Enforced disappearance is one of the most serious human rights violations. It constitutes an autonomous offence and a crime under international law on account of its multiple and continuing character. It is not a phenomenon of the past, nor is it geographically limited to Latin America: such scourge is widespread today and on the increase in other continents. For more than twenty-five years, relatives of disappeared people worldwide have insisted on the pressing need for an international legally binding instrument against enforced disappearances. 2006 is the year of the adoption of the International Convention on the Protection of All Persons from Enforced Disappearances, which represents the result of several legislative and jurisprudential developments that are duly analyzed in this book. The Convention has been opened for signature in February 2007.
| Author | : Karen Engle |
| Publisher | : Cambridge University Press |
| Total Pages | : 401 |
| Release | : 2016-12-15 |
| Genre | : Law |
| ISBN | : 110707987X |
This volume presents and critiques the distorted effects of the international human rights movement's focus on the fight against impunity.
| Author | : |
| Publisher | : |
| Total Pages | : 57 |
| Release | : 2021 |
| Genre | : Detention of persons |
| ISBN | : |
Enforced disappearances by Bangladesh security forces have become a hallmark of Prime Minister Sheikh Hasina's more than decade-long rule, with nearly 600 cases documented by human rights groups since she took office in 2009. While some victims are released or produced in court after weeks or months of secret detention, others are subject to extrajudicial killings that authorities falsely claimed to be deaths during gunfights. Scores are still missing. This report demonstrates a persistent refusal by authorities to investigate enforced disappearances and hold perpetrators accountable. Instead, members of security forces accused of grave abuses appear to have been promoted and decorated, while authorities continue to deter legitimate investigations and the government repeatedly ignores calls by donor governments, the United Nations, human rights organizations, and civil society to address the culture of impunity.
| Author | : María Fernanda Pérez Solla |
| Publisher | : McFarland |
| Total Pages | : 249 |
| Release | : 2006-03-17 |
| Genre | : Social Science |
| ISBN | : 0786423250 |
It was from Argentina, in the years 1976 to 1983, that the world heard the cries of the families of los desaparecidos, the disappeared--20,000 to 30,000 people made to vanish forever by official sleight of hand. In the years since, the scope and range of governmentally sanctioned kidnappings has spread exponentially, making enforced disappearances a truly global problem. This volume provides an in-depth legal investigation of involuntary disappearances as defined by national and international law. Beginning with a detailed discussion of what constitutes an enforced disappearance, it goes on to consider how various international organizations such as the United Nations view this problem. Using the Multiple Rights Approach, enforced disappearances are examined as a violation of internationally defined basic rights such as the right to personal freedom, the right to protection against torture and the right to a judicial remedy. Viewpoints of the Inter-American Court of Human Rights and the European System of Protection are scrutinized with special consideration regarding the international laws applicable to the problem. The availability (or lack thereof) of restitution and compensation for material damage, mental and physical anguish, and loss of opportunity is also addressed. Finally, the work considers the need for a comprehensive and coherent framework when dealing with enforced disappearances.
| Author | : Silvana Mandolessi |
| Publisher | : Routledge |
| Total Pages | : 0 |
| Release | : 2024-10-04 |
| Genre | : Political Science |
| ISBN | : 9781032196619 |
This volume presents an interdisciplinary analysis of the practice of disappearances in Mexico, from the period of the so-called 'dirty war' to the current crisis of disappearances associated with the country's 'war on drugs', during which more than 80,000 people have disappeared. The volume brings together contributions by distinguished scholars from Mexico, Argentina and Europe, who focus their chapters on four broad axes of enquiry. In Part I, chapters examine the phenomenon of disappearances in its historical and present-day forms, and the struggles for memory around the disappeared in Mexico with reference to Argentina. Part II addresses the political dimensions of disappearances, focusing on the specificities that this practice acquires in the context of the counterinsurgency struggle of the 1970s and the so-called 'war on drugs'. The third section situates the issue within the framework of human rights law by examining the conceptual and legal aspects of disappearances. The final chapters explore the social movement of the relatives of the disappeared, showing how their search for disappeared loved ones involves bodily and affective experiences as well as knowledge production. The volume thus aims to further our understanding of the crisis of disappearances in Mexico without, however, losing sight of the historic origins of the phenomenon.
| Author | : Ioanna Pervou |
| Publisher | : Springer Nature |
| Total Pages | : 222 |
| Release | : 2023-09-25 |
| Genre | : Law |
| ISBN | : 3031367316 |
This book offers a distinctive approach to the right not to be subjected to enforced disappearance. Over the last decade, the entry into force of the UN Convention for the Protection of All Persons from Enforced Disappearance has brought to the forefront of legal discussion the need to effectively address the practice of disappearance. Yet, there are still obstacles to combatting it, which are in part due to a limited understanding of the right’s underlying concept, content and scope. This book examines the phenomenon and definition of enforced disappearance and sheds new light on the right against disappearance. Presenting a doctrinal appraisal of the norm’s legal value, it suggests that the right against enforced disappearance holds a customary value, while also arguing that it has since attained a jus cogens status. Lastly, it examines in detail the rights to truth and reparation and how regional and national courts have interpreted these norms. It assesses the UN Convention’s dynamics and considers whether the lack of a right against disappearance embedded in regional human rights systems affects individuals’ protection. The book provides an overview of key jurisprudence on disappearances, making it of benefit to both practitioners and theorists of international law.
| Author | : Mark Kersten |
| Publisher | : Oxford University Press |
| Total Pages | : 273 |
| Release | : 2016-08-04 |
| Genre | : Law |
| ISBN | : 0191082945 |
What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.
| Author | : |
| Publisher | : |
| Total Pages | : 88 |
| Release | : 2020 |
| Genre | : Human rights |
| ISBN | : 9781623138783 |
It has been 14 years since the armed conflict between Maoist insurgents and government forces ended in Nepal. Tens of thousands became victims of enforced disappearances, torture, rape, and unlawful killings in the decade of fighting between 1996 and 2006. They are still waiting for truth and justice. There have been hardly any successful prosecutions since the end of the conflict for severe violations. Resistance to address past abuses has entrenched impunity in the present and, combined with a failure to ensure security sector reform, has led to repeated lack of punishment in cases of serious human rights violations which still occur in Nepal. In a mounting number of alleged extrajudicial killings by the police, custodial deaths allegedly resulting from torture, and shootings of unarmed protesters in recent years, the authorities refused to take action despite strong evidence. We conclude that failure to provide justice for past crimes creates direct and tangible harms in the present: families who lost loved ones years ago continue to seek justice and are forced to live without closure. And as new cases of abuse by the police show, impunity for past crimes means that unaccountable and abusive individuals and institutions continue to claim new victims in post-conflict Nepal.
| Author | : M. Cherif Bassiouni |
| Publisher | : BRILL |
| Total Pages | : 354 |
| Release | : 2023-10-20 |
| Genre | : Law |
| ISBN | : 9004642676 |
The emergence of a global community is accompanied by a realization that greater cooperation is essential to its welfare. This is particularly true in the area of crime prevention and control. The increase in international, transnational, transboundary and national crime has contributed to a genuine growth in the body of international criminal law. The most effective way to combat such crimes is for states to accept an obligation to try international criminal law offenders before their own courts or surrender them for trial before the courts of another state or an international court. Until such time as an effective system of international criminal justice is established, the duty to prosecute or extradite will remain the foundation for international criminal law enforcement. This book examines in detail the variety of international instruments which impose a duty to prosecute or to extradite. It asks how far this duty goes and whether one aspect of this obligation supersedes the other, and whether it can now be regarded as an obligation imposed by general international law. In discussing these questions, the book provides a highly illuminating account of the basic postulates of international criminal law and their relationship to competing visions of the nature of the international legal order. There is an evident need for international law to settle some of these questions. The ICJ, for example, needs to address the question in the case brought before it by Libya against the U.S. and the United Kingdom. Moreover, it will be a question of some significance with respect to the International Criminal Tribunal for the former Yugoslavia. Lastly, the prospect of a permanent international criminal court presently before the United Nations, is, in part, dependent on the effectiveness of aut dedere aut judicare. The two authors who address these difficult questions have contributed to the advancement of international law in general, and international criminal law in particular. They have produced a book which is a balanced blend of scholarly research and legal analysis.
| Author | : Philipp Ambach |
| Publisher | : BRILL |
| Total Pages | : 544 |
| Release | : 2015-05-19 |
| Genre | : Law |
| ISBN | : 9004236597 |
This collection of essays—written by friends and colleagues of Joakim Dungel—focuses on the protection of the innocent during and after war. It is a tribute to Joakim’s life and work. Joakim made a significant contribution to international justice and the rule of law, through his service to the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the Temporary International Presence in Hebron, and the United Nations Assistance Mission in Afghanistan. He was also a prolific author and published scholarly works on a wide range of issues, including command responsibility, national security interests, the right to humanitarian assistance during internal armed conflicts, and crimes against humanity. This book continues Joakim’s work with in-depth analyses of a variety of issues arising under modern conflict, such as the application of international humanitarian law and international human rights law to aerial drone attacks, targeted sanctions, and reparations to victims. Joakim understood these complex and interlinked issues and dedicated his professional life to engaging with them. Through his work and his scholarship, he demonstrated the crucial importance of adopting victim-centred approaches to dealing with the consequences of armed conflict and to its prevention. This was also why he chose to work for the United Nations as a human rights officer in Afghanistan. This book attempts to honour and affirm Joakim’s choice.
