Enforced Disappearance In International Law
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Enforced Disappearance In International Law
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Author : Lisa Ott
language : en
Publisher:
Release Date : 2011
Enforced Disappearance In International Law written by Lisa Ott and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Criminal jurisdiction categories.
Originally presented as the author's thesis (doctoral)--University of Lucerne, 2010.
Enforced Disappearances In International Human Rights
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Author : María Fernanda Pérez Solla
language : en
Publisher: McFarland
Release Date : 2006-03-17
Enforced Disappearances In International Human Rights written by María Fernanda Pérez Solla and has been published by McFarland this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-03-17 with Social Science categories.
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 Duty To Prosecute Enforced Disappearances In International Law
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Author : Claudia Josi
language : en
Publisher:
Release Date : 2008
The Duty To Prosecute Enforced Disappearances In International Law written by Claudia Josi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.
The Struggle Against Enforced Disappearance And The 2007 United Nations Convention
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Author : Tullio Scovazzi
language : en
Publisher: BRILL
Release Date : 2007-08-31
The Struggle Against Enforced Disappearance And The 2007 United Nations Convention written by Tullio Scovazzi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-08-31 with Law categories.
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.
Enforced Disappearance
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Author : Marthe Lot Vermeulen
language : en
Publisher:
Release Date : 2012
Enforced Disappearance written by Marthe Lot Vermeulen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Disappeared persons categories.
"School of Human Rights Research"--Cover.
The Right Not To Be Subjected To Enforced Disappearance
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Author : Ioanna Pervou
language : en
Publisher: Springer Nature
Release Date : 2023-09-25
The Right Not To Be Subjected To Enforced Disappearance written by Ioanna Pervou and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-25 with Law categories.
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.
An Affront To The Conscience Of Humanity
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Author : Nikolas Kyriakou
language : en
Publisher:
Release Date : 2012
An Affront To The Conscience Of Humanity written by Nikolas Kyriakou and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Disappeared persons categories.
This PhD thesis takes issue with the practice of enforced disappearance as a multiple and complex human rights violation and covers various topics related to enforced disappearance. The point of departure is the historical development of the UN reaction to enforced disappearance and the creation of special mechanisms within that organization, which were drawn up in order to confront this practice. Linking the main theme with public international law, the thesis continues with the examination of the sources of law, both treaty and customary based, and juxtaposes the definitions of enforced disappearance that are found in international instruments with a view to ascertaining whether any discrepancies exist. In the subsequent chapters, the main methodological tool is the cross-jurisdictional comparative and interpretive assessment of the practice of three different human rights bodies, namely of the Human Rights Committee, the European Court of Human Rights and the Inter-American Court of Human Rights. In this connection, the thesis identifies the areas of convergence and divergence in the work of these bodies. Further, the thesis also engages in the discussion of two significant topics that are directly related to the general theme, namely the right to truth and the phenomenon of extraordinary renditions. With regard to the right to truth, the main focus is on the interplay of this right with amnesty laws. At the same time the latter's compatibility with international law is examined. As for extraordinary renditions, the argument that is advanced is that this phenomenon is a new form of enforced disappearance and that it must be confronted as such. Overall, the thesis centres on the UN Convention for the Protection of All Persons from Enforced Disappearances and assess the evolution of human rights protection that this convention brings about.
The Treatment Of Prisoners Under International Law
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Author : Nigel Rodley
language : en
Publisher: OUP Oxford
Release Date : 2011-04-07
The Treatment Of Prisoners Under International Law written by Nigel Rodley and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-07 with Law categories.
This is the third edition of the pioneering work that has become the standard text in the field. The first edition was one of the earliest to establish that the newly-developing international law of human rights could be set down as any other branch of international law. It also incorporates the complementary fields of international humanitarian law and international criminal law, while addressing the problems associated with their interaction with human rights law. The book is more than a descriptive analysis of the field. It acknowledges areas of unclarity or where developments may be embryonic. Solutions are offered. Recent developments have confirmed the value of solutions proposed in this edition and the previous one. Central to most of the chapters is the human rights norm of most salience in the treatment of prisoners, namely, the prohibition of torture and cruel, inhuman or degrading treatment or punishment. The early chapters focus on the period of first detention, when detainees are most at risk of having information or confessions, however unreliable, extracted by unlawful means. Voices contemplating the legitimacy of such treatment to combat terrorism have been heard in the wake of the atrocities of 11 September 2001. The book finds that the evidence clearly suggests that the absolute prohibition of such treatment remains firm. Other chapters deal with problems of poor prison conditions and of certain extraordinary penalties, notably corporal and capital punishment. A chapter explores ethical codes for members of professions capable of inflicting or preventing the prohibited behaviour (police and medical and legal professionals). Chapters are also devoted to the extreme practice of enforced disappearance and the contribution of the new convention on this phenomenon, as well as to extra-legal executions.
Intersections Of Law And Culture At The International Criminal Court
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Author : Julie Fraser
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-10-30
Intersections Of Law And Culture At The International Criminal Court written by Julie Fraser and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-30 with Law categories.
This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.
Enforced Disappearance And International Criminal Law
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Author : Willem-Jan van der Wolf
language : en
Publisher:
Release Date : 2017
Enforced Disappearance And International Criminal Law written by Willem-Jan van der Wolf and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.