- Filename: central-america-stage-of-forced-disappearance.
- ISBN: STANFORD:36105017741922
- Release Date: 1991
- Number of pages: 28
- Author: Comisión para la Defensa de los Derechos Humanos en Centroamérica
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.
Based on extensive fieldwork that began in Argentina, this book asks how detained and disappeared persons inhabit the categories that international law has constructed to mark, judge, understand, and repair the horror.
Contains the following articles: Recent Argentine jurisprudence in the matter of crimes against humanity, by Rodolfo Mattarollo; Augusto Pinochet Ugarte before the court of Chilean justice, by Alejandro Artucio; Background to the elaboration of the Draft international convention on the protection of all persons from forced disappearance, by Wilder Tayler; The Draft international convention on the protection of all persons from forced disappearance, by Federico Andreu-Guzmán.
Includes testimonies of victims of state-sponsored terrorism.
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.
Background -- Cases of "dIsappearance"--The response of state authorities -- Recommendations.
Human rights now form an incredible part of the legal and political, socio-economic and cultural landscape of the contemporary world. Several conventions and declarations were made by the United Nations and the national governments to protect and promote human rights. These international and regional treaties are commonly treated as human rights instruments. The present book elaboratly describes all the major human rights instruments of international and regional importance. It will be highly useful for students, researchers, educators and all who are working on or concerned with human rights.
The fall of dictatorial regimes and the eruption of destructive civil conflicts around the world have led to calls for holding individuals accountable for human rights atrocities. International law had little to say on this subject from the time of the Nuremberg and Tokyo trials fifty years ago until very recently. In this well-researched book, Steven Ratner and Jason Abrams offer a comprehensive study of the promise and limitations of international criminal law as a means of enforcing international human rights and humanitarian law. They provide a searching analysis of the principal crimes under the law of nations, such as genocide and crimes against humanity. They go on to appraise the most important prosecutorial and other mechanisms developed to bring individuals to justice. After applying their conclusions in a detailed case study, the authors offer a series of compelling conclusions on the prospects for accountability. In this new edition the authors also cover recent developments such as the jurisprudence of the UN's Yugoslavia and Rwanda tribunals, new domestic attempts at accountability, and the International Criminal Court. This new edition has been revised and updated to include developments since 1997, including domestic prosecutions and truth commission, the work of the UN's Yugoslavia and Rwand Tribunals, and the International Criminal Court.
Designed specifically for students, Blackstone's Statutes lead the market in providing a carefully selected, regularly updated and well sourced collection of legislation for the core subjects and major options offered on the law syllabus. Each title is ideal for use throughout the course and in exams providing the student with: - unparalleled coverage - unannotated primary and secondary legislation - new improved indexing and tables of content to aid quick and efficient research - up to date and relevant material - new companion web site providing updates and web links