Historical background and key elements of crime accordingly to International Convention for the Protection of all Persons from Enforced Disappearance
Keywords:
abduction, Enforced disappearance, legal protection, international convention 2006, international human rights law, national ratification of Convention, state crime.
Abstract
Today, the act of enforced disappearance is represented as the most serious violations of people's rights. Enforced disappearances are particularly common in countries where domestic conflicts occur. With the essential objective of stopping and preventing the practice of international and national enforced disappearances, most countries since the 1950s had begun to discuss international and regional tools for such interference. The crucial measure to prevent enforced disappearance was to sign the Convention for the Protection of All Persons from Enforced Disappearance at the international level, which represented and established an absolute right of person not to be subjected to violent disappearance.
This article will describe the main ideas of the 2006 Convention together with the key description of the crime, will analyze some problems of practical application of the Convention, and last, but not least, will discuss the prospects for the implementation of the 2006 Convention. To achieve this purpose, were used: Dialectical, historical, formal, logical, deductive, statistical, hermeneutical, comparative and logical-legal methods.
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References
An Vranckx, (2007), A long road towards universal protection against enforced disappearance, International Peace Information Service (IPIS), Retrieved from: https://ipisresearch.be/wp-content/uploads/2015/05/20070115_a_long_road_towards_universal_protection_against_--.pdf
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https://law.unimelb.edu.au/__data/assets/pdf_file/0004/1681213/Anderson.pdf
Commission on Human Rights, Report of the intersessional open-ended working group to elaborate a draft legally binding normative instrument for the protection of all persons from enforced disappearance, 60th sess. / UN Doc E/CN.4/2004/59 (23 February 2004) 26 [153].
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Declaration on the Protection of all Persons from Enforced Disappearance, 1992. Retrieved from: https://www.ohchr.org/EN/ProfessionalInterest/Pages/EnforcedDisappearance.aspx
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Report of the Working Group on Enforced or Involuntary Disappearances, July 2016, UN Doc. A/HRC/33/51
Social Council, Report of the Intersessional Open-ended Working Group to Elaborate a Draft Legally Binding Normative Instrument for the Protection of All Persons from Enforced Disappearances, supra n 24, para 138.
Tatjana Milić, (2010), International Convention for The Protection Of All Persons From Enforced Disappearance, Retrieved from: http://www.doiserbia.nb.rs/img/doi/0025-8555/2010/0025-85551001037M.pdf
United Nations General Assembly, International Convention for the Protection of All Persons from Enforced Disappearance, A/61/488, 20 December 2006.
UN Human Rights Council, Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, Including the Right to Development, Report of the Working Group on Enforced or Involuntary Disappearances, A/HRC/7/2, 10 January 2008.
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Anderson, Kirsten, (2006), How Effective is the International Convention for the Protection of All Persons from Enforced Disappearance Likely to be in Holding Individuals Criminally Responsible for Acts of Enforced Disappearance?, Melbourne Journal of International Law, Retrieved from:
https://law.unimelb.edu.au/__data/assets/pdf_file/0004/1681213/Anderson.pdf
Commission on Human Rights, Report of the intersessional open-ended working group to elaborate a draft legally binding normative instrument for the protection of all persons from enforced disappearance, 60th sess. / UN Doc E/CN.4/2004/59 (23 February 2004) 26 [153].
Dalia Vitkauskaitė-Meurice, Justinas Žilinskas, (2010), The concept of enforced disappearances in international law, Warsaw, Jurisprudencija 2010, 2(120), p. 197–214, Retrieved from: https://www.mruni.eu/upload/iblock/934/9Vitkauskaite_Meurice.pdf
Declaration on the Protection of all Persons from Enforced Disappearance, 1992. Retrieved from: https://www.ohchr.org/EN/ProfessionalInterest/Pages/EnforcedDisappearance.aspx
Gabriella Citroni, (2016), Missing persons and victims of enforced disappearance in Europe, Council of Europe, March 2016, Retrieved from: https://rm.coe.int/missing-persons-and-victims-of-enforced-disappearance-in-europe-issue-/16806daa1c
Khushal Vibhute, (2012), An Affront to the Conscience of Humanity: Enforced disappearance in international human rights law, European University Institute, Retrieved from: https://core.ac.uk/download/pdf/45681207.pdf
Nikolas Kyriakou, (2012), The international Convention for the Protection of all persons from Enforced Disappearance and its contributions to International human rights law, with specific reference to extraordinary rendition, Melbjlintlaw 16; (2012), Retrieved from: https://law.unimelb.edu.au/__data/assets/pdf_file/0010/1687285/kyriakou.pdf
Pervou Ioanna, (2012), The Convention for the Protection of All Persons from Enforced Disappearance: Moving Human Rights Protection Ahead (May 2012). EJLS (2012) 5 1, pp. 145-171. Available at SSRN: https://ssrn.com/abstract=2337455
Philip Linghammar, (2008), Time for Enforced Disappearance to Disappear, A Study of the International Legal Instruments Addressing Enforced Disappearance, Retrieved from: https://lup.lub.lu.se/luur/download?func=downloadFile&recordOId=1316380&fileOId=1316381
Reema Omer, (2017), Report of the International Commission of Jurists (ICJ), 2017, No more “missing persons”: The criminalization of enforced disappearance in South Asia Available at https://www.icj.org/wp-content/uploads/2017/08/South-Asia-Enforced-Disappearance-Publications-Reports-Thematic-Reports-2017-ENG.pdf
Report by Amnesty International, (1993), “Disappearance” and political killings: Human Rights crisis of the 1990s. A manual for action. Retrieved from: https://www.amnesty.org/download/Documents/188000/act330051993en.pdf
Report of the Working Group on Enforced or Involuntary Disappearances, A/HRC/7/2, 10 January 2008, p. 85, para. 401.
The Working Group on Enforced or Involuntary Disappearances (WGEID), Fact Sheet No. 6 (Rev. 2), Enforced or Involuntary Disappearances.
Report of the Working Group on Enforced or Involuntary Disappearances, July 2016, UN Doc. A/HRC/33/51
Social Council, Report of the Intersessional Open-ended Working Group to Elaborate a Draft Legally Binding Normative Instrument for the Protection of All Persons from Enforced Disappearances, supra n 24, para 138.
Tatjana Milić, (2010), International Convention for The Protection Of All Persons From Enforced Disappearance, Retrieved from: http://www.doiserbia.nb.rs/img/doi/0025-8555/2010/0025-85551001037M.pdf
United Nations General Assembly, International Convention for the Protection of All Persons from Enforced Disappearance, A/61/488, 20 December 2006.
UN Human Rights Council, Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, Including the Right to Development, Report of the Working Group on Enforced or Involuntary Disappearances, A/HRC/7/2, 10 January 2008.
UN Human Rights Council, Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, Including the Right to Development, Report of the Working Group on Enforced or Involuntary Disappearances, A/HRC/10/9, 6 February 2009.
Published
2020-04-21
How to Cite
Romashkin, S. (2020). Historical background and key elements of crime accordingly to International Convention for the Protection of all Persons from Enforced Disappearance. Amazonia Investiga, 9(28), 536-544. https://doi.org/10.34069/AI/2020.28.04.58
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