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Enforced Disappearance in International Law (Paperback)
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Enforced Disappearance in International Law (Paperback)
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This book explores the international legal framework governing the
crime and human rights violation of enforced disappearance. It
includes a thorough analysis and comparison of the existing
international human rights case law and an assessment of the rules
of international humanitarian law and international criminal law
applicable to enforced disappearance. The study includes a
meticulous review, comparison, and analysis of the case law of
international criminal tribunals, the Human Rights Committee, the
Inter-American and European Courts of Human Rights, and the African
Commission on Human and People's Rights. It contains a comparison
of the jurisprudence on cases of enforced disappearance with regard
to the different aspects of: the right to liberty and security, the
right to life, the prohibition of torture, the right to be
recognized as a person before the law, the right to the truth, and
the right to privacy and family life. In addition, the book reviews
the rules that apply to enforced disappearance under international
humanitarian law and determines the principles applicable for
individual responsibility for the crime of enforced disappearance
under international criminal law. On the basis of this analysis,
the author interprets and evaluates the provisions of the
International Convention for the Protection of all Persons from
Enforced Disappearance in the international legal framework. The
book provides a useful tool for the interpretation of the
International Convention, identifies the gaps and inconsistencies
contained in the text of the Convention, and suggests possible
solutions. In addition, it explores how the entering into force of
the International Convention may affect the case law of the
existing international judicial bodies. This comprehensive and
multi-disciplinary description of the current international legal
framework and its influence on the International Convention is
likely to become a standard work as it closes a gap in existing
legal literature.
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