The Struggle Against Enforced Disappearance And The 2007 United Nations Convention

Author : Tullio Scovazzi,Gabriella Citroni
Publisher : Martinus Nijhoff Publishers
Page : 453 pages
File Size : 41,8 Mb
Release : 2007
Category : History
ISBN : 9789004161498

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The Struggle Against Enforced Disappearance and the 2007 United Nations Convention by Tullio Scovazzi,Gabriella Citroni Pdf

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.

Author : María Fernanda Pérez Solla
Publisher : McFarland
Page : 249 pages
File Size : 47,9 Mb
Release : 2006-03-03
Category : Social Science
ISBN : 9780786423255

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Enforced Disappearances in International Human Rights by María Fernanda Pérez Solla Pdf

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.

Author : OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR.
Publisher : Unknown
Page : 255 pages
File Size : 53,8 Mb
Release : 2022
Category : Electronic
ISBN : 9789210012799

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Reporting Under the International Convention for the Protection of All Persons from Enforced Disappearance by OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR. Pdf

This Training Guide seeks to assist States parties in meeting their obligations to respect, protect and fulfil the rights enshrined in the Convention for the Protection of all Persons against Enforced Disappearances. The Manual, which is the first part of the Training Guide, outlines the provisions of the Convention and provides useful guidance on the content and scope of the rules of procedure and the working methods of the Committee on Enforced Disappearances, as well as reporting obligations under the Convention. The publication draws on the wealth of experience acquired by the Committee over the years. It highlights practical examples on the submission of information and data under the Convention and the successful implementation of Committee's recommendations. These examples would be of use to States parties and, in particular, to those involved in the delivery of training courses on reporting to the Committee and on the implementation of the Convention. By promoting a greater understanding of the provisions of the Convention, the Training Guide aims to provide guidance and support to reporting States as to the content of reports and the implementation of recommendations. The Manual will be complemented by training materials (Part II), tailored to each of the Convention's rights, to be published on the OHCHR website.

Author : B.S. Chimni,Miyoshi Masahiro,Li-ann Thio
Publisher : Routledge
Page : 460 pages
File Size : 52,6 Mb
Release : 2009-06-02
Category : Business & Economics
ISBN : 9781134030200

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Asian Yearbook of International Law by B.S. Chimni,Miyoshi Masahiro,Li-ann Thio Pdf

Launched in 1991, the Asian Yearbook of International Law is a major refereed publication dedicated to international law issues as seen primarily from an Asian perspective, under the auspices of the Foundation for the Development of International Law in Asia (DILA). It is the first publication of its kind edited by a team of leading international law scholars from across Asia. The Yearbook provides a forum for the publication of articles in the field of international law, and other Asian international law topics, written by experts from the region and elsewhere. Its aim is twofold: to promote international law in Asia, and to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook normally contains articles and shorter notes; a section on State practice; an overview of Asian states participation in multilateral treaties; succinct analysis of recent international legal developments in Asia; an agora section devoted to critical perspectives on international law issues; surveys of the activities of international organizations òf special relevance to Asia; and book review, bibliography and documents sections. It will be of interest to students and academics interested in international law and Asian studies.

Author : B S Chimni,Miyoshi Masahiro,Li-ann Thio
Publisher : BRILL
Page : 389 pages
File Size : 48,8 Mb
Release : 2009-04-23
Category : Law
ISBN : 9789004433786

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Asian Yearbook of International Law, Volume 13 (2007) by B S Chimni,Miyoshi Masahiro,Li-ann Thio Pdf

Author : Silvana Mandolessi,Katia Olalde Rico
Publisher : Routledge
Page : 217 pages
File Size : 50,5 Mb
Release : 2022-01-27
Category : Political Science
ISBN : 9781000539479

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Disappearances in Mexico by Silvana Mandolessi,Katia Olalde Rico Pdf

This volume presents an interdisciplinary analysis of the practice of disappearances in Mexico, from the period of the so-called ‘dirty war’ to the current crisis of disappearances associated with the country’s ‘war on drugs’, during which more than 80,000 people have disappeared. The volume brings together contributions by distinguished scholars from Mexico, Argentina and Europe, who focus their chapters on four broad axes of enquiry. In Part I, chapters examine the phenomenon of disappearances in its historical and present-day forms, and the struggles for memory around the disappeared in Mexico with reference to Argentina. Part II addresses the political dimensions of disappearances, focusing on the specificities that this practice acquires in the context of the counterinsurgency struggle of the 1970s and the so-called ‘war on drugs’. The third section situates the issue within the framework of human rights law by examining the conceptual and legal aspects of disappearances. The final chapters explore the social movement of the relatives of the disappeared, showing how their search for disappeared loved ones involves bodily and affective experiences as well as knowledge production. The volume thus aims to further our understanding of the crisis of disappearances in Mexico without, however, losing sight of the historic origins of the phenomenon.

Author : Ioanna Pervou
Publisher : Springer Nature
Page : 222 pages
File Size : 48,8 Mb
Release : 2023-09-25
Category : Law
ISBN : 9783031367311

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The Right not to Be Subjected to Enforced Disappearance by Ioanna Pervou Pdf

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.

Author : Rosalyn Higgins,Philippa Webb,Dapo Akande,Sandesh Sivakumaran,James Sloan
Publisher : Oxford University Press
Page : 128 pages
File Size : 48,7 Mb
Release : 2018-12-13
Category : Law
ISBN : 9780192537188

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Oppenheim's International Law: United Nations by Rosalyn Higgins,Philippa Webb,Dapo Akande,Sandesh Sivakumaran,James Sloan Pdf

The United Nations, whose specialized agencies were the subject of an Appendix to the 1958 edition of Oppenheim's International Law: Peace, has expanded beyond all recognition since its founding in 1945.This volume represents a study that is entirely new, but prepared in the way that has become so familiar over succeeding editions of Oppenheim. An authoritative and comprehensive study of the United Nations' legal practice, this volume covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including among others, the responsibilities of the UN, financing, immunities, human rights, preventing armed conflicts and peacekeeping, and judicial matters. In examining the evolving structures and ever expanding work of the United Nations, this volume follows the long-held tradition of Oppenheim by presenting facts uncoloured by personal opinion, in a succinct text that also offers in the footnotes a wealth of information and ideas to be explored. It is book that, while making all necessary reference to the Charter, the Statute of the International Court of Justice, and other legal instruments, tells of the realities of the legal issues as they arise in the day to day practice of the United Nations. Missions to the UN, Ministries of Foreign Affairs, practitioners of international law, academics, and students will all find this book to be vital in their understanding of the workings of the legal practice of the UN. Research for this publication was made possible by The Balzan Prize, which was awarded to Rosalyn Higgins in 2007 by the International Balzan Foundation.

Author : Laurence Burgorgue-Larsen,Amaya Ubeda de Torres
Publisher : OUP UK
Page : 948 pages
File Size : 42,7 Mb
Release : 2011-04-07
Category : Law
ISBN : 9780199588787

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The Inter-American Court of Human Rights by Laurence Burgorgue-Larsen,Amaya Ubeda de Torres Pdf

This book provides a reference guide to the case law of the Inter-American Court of Human Rights. Structured in two parts, it covers the case law on jurisdiction and procedure before the Court and the case law on the scope of particular rights, drawing comparisons with the case law of the European Court of Human Rights.

Author : Jeremy Julian Sarkin
Publisher : Routledge
Page : 306 pages
File Size : 44,7 Mb
Release : 2021-11-29
Category : Law
ISBN : 9781000471830

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The Conflict in Syria and the Failure of International Law to Protect People Globally by Jeremy Julian Sarkin Pdf

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.

Author : Robert Kolb,Gloria Gaggioli
Publisher : Edward Elgar Publishing
Page : 699 pages
File Size : 54,5 Mb
Release : 2013-01-01
Category : Political Science
ISBN : 9781781006078

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Research Handbook on Human Rights and Humanitarian Law by Robert Kolb,Gloria Gaggioli Pdf

'This volume by Robert Kolb and Gloria Gaggioli, contributed by some of the most renowned experts in the field, devotes an impressive amount of legal analysis to the most diverse aspects of the interplay between international humanitarian law and international human rights law in situations of violence, in theory and practice. It is bound to become an indispensable tool for scholars and practitioners alike.' Marco Pedrazzi, University of Milan, ItalyThis fascinating Handbook explores the interplay between international human rights law and international humanitarian law, offering expert analysis on the increasingly complex issues surrounding their application in conflict areas across the world. Contributors to this volume provide a comprehensive treatment of the ongoing relationship between human rights law and humanitarian law, from the historical background and origins of the two bodies of law to their various applications today. Divided into four parts Historical Background, Common Issues, The Need for a Combined Approach, and Monitoring Mechanisms the Handbook presents a rich and varied spectrum of original research and thought from some of the brightest minds in the field.This groundbreaking volume will surely have great appeal for anyone with a professional or academic interest in human rights law and humanitarian law, from students to professors to practitioners in the field.

Author : Antônio Augusto Cançado Trindade
Publisher : BRILL
Page : 780 pages
File Size : 42,8 Mb
Release : 2017-02-28
Category : Law
ISBN : 9789004340046

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Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law by Antônio Augusto Cançado Trindade Pdf

The current volume supplements Volume 1 and 2 of The Construction of a Humanized International Law, which contains a selection of the Individual Opinions of Judge Antônio A. Cançado Trindade (1991-2013), former Judge and President of the Inter-American Court of Human Rights, and since 2008 a Judge of the International Court of Justice. Volume 3 brings these texts up to date till 2015. Many dwell on aspects of the increased humanization of international law. Elevating this body of norms, which have traditionally focused on purely inter-State relations, to a level where individuals and their suffering (projected in time) become a primary concern, is without doubt Antônio A. Cançado Trindade ́s major doctrinal contribution. His great achievement at the International Court of Justice has been to draw attention to this dimension, and to further its development in the international case-law, in the light of the universal juridical conscience and stressing the relevance of general principles of international law. In a significant number of cases the World Court acts today as a human rights court, dealing increasingly, albeit under the traditional umbrella of inter-State disputes, with situations that involve human suffering and lead it to find human rights violations.

Author : Julia Kertesz
Publisher : Editora Dialética
Page : 336 pages
File Size : 45,8 Mb
Release : 2021-05-27
Category : Law
ISBN : 9786559567164

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The Right to Truth in International Human Rights Law by Julia Kertesz Pdf

The present book addresses the right to truth in the field of international human rights law. The objective is to verify the outlines of this right that make it unique, and which justify its own (disputable) existence in the human rights scenario as a legally binding norm. Departing from a historical perspective of the emergence of this right in International Law, the intent is to analyze the multiple debates that have marked the development of the right to truth throughout the past decades. It is explored, therefore, how the a priori abstract notion of truth became a right and the strict relation this has with the social mobilizations of victims of gross violations of human rights. To accomplish this, the book spans across the struggle, in particular, of the relatives of disappeared victims during the 1970's and 1980's when the dictatorships reigned in Latin America. It follows on the expansion of the right to truth during what has been known as the fight against impunity, until it reaches the main human rights courts. To finalize, it discusses the inclusion of the right to truth in the International Convention on the Protection of All Persons from Enforced Disappearance and the measures more commonly used to realize such right. In the book, it is concluded that the right to truth carries a singularity that is crucial for the protection of victims of gross human rights violations.

Author : Geoff Gilbert,Francoise Hampson,Clara Sandoval
Publisher : Routledge
Page : 280 pages
File Size : 46,9 Mb
Release : 2010-09-13
Category : Law
ISBN : 9781136919534

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The Delivery of Human Rights by Geoff Gilbert,Francoise Hampson,Clara Sandoval Pdf

The Delivery of Human Rights reflects on two overlapping issues in international human rights law: how can existing norms be better implemented and effected, and how can other branches of international law or other international actors be used so as to provide an improved delivery of those norms. Rather than simply looking at the content of the rights, this book will also explore how the framers’ intention that individuals benefit from the norms can be achieved. The book is written and published in honour of Professor Sir Nigel Rodley KBE. It celebrates his career as an academic and practitioner in the area of human rights. Professor Rodley acted as the UN Special Rapporteur on Torture from 1993 to 2001 and is currently a member of the UN Human Rights Committee. He is also a member of the International Commission of Jurists. Since 2001 he has been a Member of the UN Human Rights Committee, established under the International Covenant on Civil and Political Rights. In 1998 he was knighted in the Queen's New Year's Honours list for services to Human Rights and International Law and in 2000 he received an honorary LLD from Dalhousie University. He is Professor and Chair of the Human Rights Centre, University of Essex, having taught there since 1990. The contributors to this volume are notable experts in the area of human rights law and include Paul Hunt, Malcolm Evans, Michael O’Flaherty and David Weissbrodt. The book addresses such topics as the Role of Special Rapporteurs, how can the absolute prohibition of torture be properly implemented, Responsibility to Protect, non-state actors, including businesses, and human rights.

Author : Josepha Close
Publisher : Routledge
Page : 293 pages
File Size : 54,7 Mb
Release : 2019-05-16
Category : Law
ISBN : 9781351180214

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Amnesty, Serious Crimes and International Law by Josepha Close Pdf

Amnesty, Serious Crimes and International Law examines the permissibility of amnesties for serious crimes in the contemporary international order. In the last few decades, there has been a growing tendency to consider that amnesties are prohibited in respect of certain grave crimes. However, the question remains controversial as there is no explicit treaty ban and general amnesties continue to be frequently issued in post-conflict and transitional contexts. The first part of the book explores the use of amnesties from antiquity to the present day. It reviews amnesty traditions in ancient societies and provides a global picture of modern amnesties. In parallel, it traces the development of the accountability paradigm underpinning the current prohibitive stance on amnesties. The second part assesses the position of modern international law on amnesties. It comprehensively analyses the main arguments supporting the existence of a general amnesty ban, including the duty to prosecute international crimes, the right to redress of victims of human rights violations, international standards and trends in state practice, and the mandate of international criminal courts. The book argues that, while international legal or policy requirements restrict the freedom of states to extend amnesty in respect of serious crimes, or the effectiveness of amnesty measures in preventing the prosecution of such crimes, these restrictions do not add up to an absolute and universal prohibition.