The legal foundations of enforced disappearance as a crime against humanity

an analysis of international jurisprudence

Abstract

The enforced disappearance is a crime against humanity which violates multiple human rights of the victims. Enforced dissappearence can be defined as the arrest, detention or abduction  against the will or otherwise deprived of their liberty by officials of different branches or levels of Government, or by organized groups or private individuals acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, followed by a refusal to disclose the fate or whereabouts of the persons concerned or a refusal to acknowledge the deprivation of their liberty, which places such persons outside the protection of the law. This crime became the serious matter of discussion after the Second World War. During the war, Hitler used it as a tool to fight against his enemies. The enforced dissappearence was categorized as a crime against humanity in first time by the Nuremberg Trials[1]. Later many tribunals and international legal documents established enforced dissappearence as a crime against humanity which violate multiple human rights of victims. This study is focused on concepts of crime of enforced dissappearence. The objective of this study is to establish nature of enforced dissappearence as a crime against humanity which violate multiple human rights of the victim.