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Criminal Responsibility and Convention

Kirsten Anderson

2008, University of Melbourne:

This article assesses the need for and likely role of the new Convention in holding individuals criminally responsible for acts of enforced disappearance. First, the nature and prevalence of enforced disappearance will be outlined. Second, existing international legal mechanisms for holding individuals criminally responsible for enforced disappearance will be analysed in order to identify current gaps in the international legal regime and to assess the need for a separate convention. Finally, the Convention itself will be examined in order to determine its likely effectiveness in filling existing gaps in protection and in extending the existing measures available for holding individuals criminally responsible for acts of enforced disappearance. This article will argue that the Convention expands and cements the international prohibition on enforced disappearance by including provisions which effectively criminalise acts of enforced disappearance in international law.

more informationTable of contents:

I Introduction

II Nature and Prevalence of Enforced Disappearance

III Shortcomings of the Current International Legal Framework in Holding Individuals Criminally Responsible

A Enforced Disappearance as a Crime against Humanity
1 Criminalisation of Enforced Disappearance
2 Shortcomings in Conceptualising Enforced Disappearance as a Crime against Humanity

B Enforced Disappearance as Torture
1 When Will Enforced Disappearance Amount to Torture?
2 Shortcomings in Conceptualising Enforced Disappearance as Torture

C Prevailing Gaps in Criminalisation

IV Analysis of the International Convention for the Protection of All Persons from Enforced Disappearance

A The Need for and Advantages of Drafting a Separate Convention

B Criminalising Per Se Acts of Enforced Disappearance

C Definition of Enforced Disappearance

D Mechanisms for Holding Individuals Criminally Responsible

V Conclusion

Source(s):

LanguageFormatSource
English PDF document view/download