Enforced Disappearances in International Human Rights

Enforced Disappearances in International Human Rights PDF

Author: María Fernanda Pérez Solla

Publisher: McFarland

Published: 2006-03-17

Total Pages: 249

ISBN-13: 0786423250

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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.

The Struggle against Enforced Disappearance and the 2007 United Nations Convention

The Struggle against Enforced Disappearance and the 2007 United Nations Convention PDF

Author: Tullio Scovazzi

Publisher: BRILL

Published: 2007-08-31

Total Pages: 452

ISBN-13: 9047430778

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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.

Disappearances in the Post-Transition Era in Latin America

Disappearances in the Post-Transition Era in Latin America PDF

Author: Karina Ansolabehere

Publisher: Oxford University Press, USA

Published: 2021-06-24

Total Pages: 304

ISBN-13: 9780197267226

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The book identifies a new human rights phenomenon. While disappearances have tended to be associated with authoritarian state and armed conflict periods, this study looks at these acts carried out in procedural democracies where democratic institutions prevail.

The Conflict in Syria and the Failure of International Law to Protect People Globally

The Conflict in Syria and the Failure of International Law to Protect People Globally PDF

Author: Jeremy Julian Sarkin

Publisher: Routledge

Published: 2021-11-29

Total Pages: 306

ISBN-13: 1000471837

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This book explores, through the lens of the conflict in Syria, why international law and the United Nations have failed to halt conflict and massive human rights violations in many places around the world which has allowed tens of millions of people to be killed and hundreds of millions more to be harmed. The work presents a critical socio-legal analysis of the failures of international law and the United Nations (UN) to deal with mass atrocities and conflict. It argues that international law, in the way it is set up and operates, falls short in dealing with these issues in many respects. The argument is that international law is state-centred rather than victim-friendly, is, to some extent, outdated, is vague and often difficult to understand and, therefore, at times, hard to apply. While various accountability processes have come to the fore recently, processes do not exist to assist individual victims while the conflict occurs or the abuses are being perpetrated. The book focuses on the problems of international law and the UN and, in the context of the many enforced disappearances and arbitrary detentions in Syria, why nothing has been done to deal with a rogue state that has regularly violated international law. It examines why the responsibility to protect (R2P) has not been applied and why it ought to be used, generally, and in Syria. It uses the Syrian context to evaluate the weaknesses of the system and why reform is needed. It examines the UN institutional mechanisms, the role they play and why a civilian protection system is needed. It examines what mechanism ought to be set up to deal with the possible one million people who have been disappeared and detained in Syria. The book will be a valuable resource for students, academics and policy-makers working in the areas of public international law, international human rights law, political science and peace and security studies.

Mexico's Disappeared

Mexico's Disappeared PDF

Author: Nik Steinberg

Publisher:

Published: 2013

Total Pages: 176

ISBN-13: 9781564329875

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"This 176-page report documents nearly 250 "disappearances" during the administration of former President Felipe Calderón, from December 2006 to December 2012. In 149 of those cases, Human Rights Watch found compelling evidence of enforced disappearances, involving the participation of state agents."--Publisher's website.

Behind the Disappearances

Behind the Disappearances PDF

Author: Iain Guest

Publisher: University of Pennsylvania Press

Published: 1990-10

Total Pages: 628

ISBN-13: 9780812213133

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Drawing on confidential Argentinian documents and memoranda, Behind the Disappearances documents a seven-year diplomatic war by one of the twentieth century's most brutal regimes. It relates how, starting in 1976, Argentina's military government tried to cripple the UN's human rights machinery in an effort to prevent international condemnation of its policy of disappearances. Initially this attempt succeeded, but in 1980—with encouragement from the Carter administration—UN officials regained the initiative and created a special working group on disappearances that rejuvenated the UN's efforts. This progress was abruptly halted in 1981 when the Reagan administration sided with the Argentinian regime. The result, claims the author, not only undercut the UN's actions against disappearances but also weakened its chances of playing a positive role in aiding Latin America's transition from dictatorship to democracy.