Enforced Disappearances in International Human Rights

Enforced Disappearances in International Human Rights

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

Author: Tullio Scovazzi

Publisher: Martinus Nijhoff Publishers

Published: 2007

Total Pages: 453

ISBN-13: 900416149X

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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

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

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.


Diplomacy of Conscience

Diplomacy of Conscience

Author: Ann Marie Clark

Publisher: Princeton University Press

Published: 2010-03-18

Total Pages: 196

ISBN-13: 1400824222

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A small group founded Amnesty International in 1961 to translate human rights principles into action. Diplomacy of Conscience provides a rich account of how the organization pioneered a combination of popular pressure and expert knowledge to advance global human rights. To an extent unmatched by predecessors and copied by successors, Amnesty International has employed worldwide publicity campaigns based on fact-finding and moral pressure to urge governments to improve human rights practices. Less well known is Amnesty International's significant impact on international law. It has helped forge the international community's repertoire of official responses to the most severe human rights violations, supplementing moral concern with expertise and conceptual vision. Diplomacy of Conscience traces Amnesty International's efforts to strengthen both popular human rights awareness and international law against torture, disappearances, and political killings. Drawing on primary interviews and archival research, Ann Marie Clark posits that Amnesty International's strenuously cultivated objectivity gave the group political independence and allowed it to be critical of all governments violating human rights. Its capacity to investigate abuses and interpret them according to international standards helped it foster consistency and coherence in new human rights law. Generalizing from this study, Clark builds a theory of the autonomous role of nongovernmental actors in the emergence of international norms pitting moral imperatives against state sovereignty. Her work is of substantial historical and theoretical relevance to those interested in how norms take shape in international society, as well as anyone studying the increasing visibility of nongovernmental organizations on the international scene.


State Crime in the Global Age

State Crime in the Global Age

Author: William J. Chambliss

Publisher: Routledge

Published: 2013-05-13

Total Pages: 317

ISBN-13: 1134025629

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State Crime in the Global Age brings together original writings from leading scholars in the field to explore the many ways that the use and abuse of state power results in grave social harms that outweigh, by far, the consequences of ordinary street crime. The topics covered include the crimes of empire, illegal war, the bombing of civilians, state sanctioned torture, state sacrifice of human lives, and judicial wrongdoing. The book breaks new ground through its examination of the ways globalization has intensified potentials for state crime, as well as bringing novel theoretical understandings of the state to the study of state crime, and exploring strategies for confronting state crime. This book, while containing much that is of interest to scholars of state crime, is designed to be accessible to students and others who are concerned with the ways individuals, social groups, and whole nations are victimized by the misuse of state power.


Introduction to the International Human Rights Regime

Introduction to the International Human Rights Regime

Author: Manfred Nowak

Publisher: BRILL

Published: 2021-10-01

Total Pages: 381

ISBN-13: 9004479074

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Human rights are the only universally recognized system of contemporary values which, during the last 50 years, has been gradually developed and defined by all States in a comprehensive international legal framework. The international human rights regime is closely related to international peace and security, development and a global trend towards pluralist democracy, good governance and the rule of law. International humanitarian and criminal law can today be considered as specific aspects of international human rights law, which after the end of the Cold War has become increasingly complex and difficult to oversee. The present textbook attempts to provide a first and at the same time comprehensive introduction into the idea and significance of human rights, its philosophical and theoretical foundations, historical development, the main structures and procedures of international human rights protection by the United Nations and regional organizations (Council of Europe, Organization of American States, African Union, OSCE and others), and modern trends, such as preventive mechanisms, international criminal law, human rights as essential elements of peace-keeping and peace-building operations, humanitarian intervention or the relationship between human rights and terrorism. The book perceives human rights as an inter-disciplinary topic and illustrates the theory of human rights with a considerable number of practical case-studies, graphics, statistics, procedural charts and textboxes. It serves as a textbook for students of law, political science, international relations and other academic fields related to human rights, but may as well be used as a first introduction for those working in the field, for NGO activists, legal practitioners and others interested in the fascinating world of universal human rights.


International Law of Victims

International Law of Victims

Author: Carlos Fernández de Casadevante Romani

Publisher: Springer Science & Business Media

Published: 2012-07-11

Total Pages: 279

ISBN-13: 3642281400

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After having ignored victims, only recently both domestic and international law have begun to pay attention to them. As a consequence, different international norms related to victims have progressively been introduced. These are norms generally characterized by a certain concept from the perspective of victims, as well as by the enumeration of a list of rights to which they are entitle to; rights upon which the international statute of victims is built. In reverse, these catalogues of rights are the states’ obligations. Most of these rights are already existent in the international law of human rights. Consequently, they are not new but consolidated rights. Others are strictly linked to victims, concerning the following categories: victims of crime, victims of abuse of power, victims of gross violations of international human rights law, victims of serious violations of international humanitarian law, victims of enforced disappearance, victims of violations of international criminal law and victims of terrorism.


The Core International Human Rights Treaties

The Core International Human Rights Treaties

Author:

Publisher:

Published: 2014

Total Pages: 344

ISBN-13:

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This publication reproduces the Universal Declaration of Human Rights, and the nine core international human rights treaties and their optional protocols in a user-friendly format to make them more accessible, in particular to government officials, civil society, human rights defenders, legal practitioners, scholars, individual citizens and others with an interest in human rights norms and standards.