Confronting the Crime of Enforced Disappearance in comparative criminal legislation
Keywords:
- Enforced disappearance. - international confrontation. - elements of the crime of enforced disappearance. - American legislation. - European legislation.Abstract
The International Convention for the Protection of All Persons from Enforced Disappearance of 2006 obligates the states parties to it to take legislative measures to criminalize enforced disappearance and punish it in their domestic legislation, and in response to this, American and European countries worked to embody this through making amendments to their penal laws in force or issuing penal laws specific to punishment on international crimes, including the crime of enforced disappearance. These countries differed in their criminal policies regarding the implementation of their international obligations stemming from the Convention.
The research is devoted to shedding light on the experience of criminalizing enforced disappearance in the US and European penal legislation, as it constitutes an important legislative precedent worthy of study, and because its results are of great importance in relation to the criminalization of this crime in other states parties, including Iraq.
The research is divided into two sections. The first section deals with the definition of the crime of enforced disappearance in international law, and the second section is devoted to combating the crime of enforced disappearance in American and European legislation.
References
First: Books:
Ahmed Lutfi Al-Sayed Merhi, Towards Activating the National Criminal Enforcement of the Provisions of International Humanitarian Law, a comparative study, University Book House, Riyadh, 2016.
Ruba Ahmed Al-Armouti, The Crime of Enforced Disappearance, A Comparative Study, Dar Wael for Publishing and Distribution, Amman 2021.
Raad Awad Khalaf Hussein Al-Nuaimi, Enforced Disappearance in the Framework of Public International Law, New University House, Alexandria, 2021.
Sawsan Tamer Khan Bakkah, Crimes Against Humanity in the Statute of the International Criminal Court, Al-Halabi Human Rights Publications, Beirut, 2006.
Omar Mahmoud Al-Makhzoumi, International Humanitarian Law in the Light of the International Criminal Court, House of Culture for Publishing and Distribution, Amman, 2008.
Maher Abd Shweesh Al-Durra, General Provisions in Penal Code, University of Mosul, 1990.
Mohamed Abdel Latif Farag, Confronting Enforced Disappearance in International Conventions and Egyptian Legislation, Police Press, Cairo, 2010.
Muhammad Mahmoud Hanafi, War Crimes Before International Courts, Dar Al-Nahda Al-Arabiya, Cairo, 2006.
Mahmoud Naguib Hosni, Explanation of the Penal Code, General Section, Dar Al-Nahda Al-Arabiya, Cairo, 1987.
Najat Ahmed Ahmed Ibrahim, International Responsibility for Violations of the Rules of International Humanitarian Law, Manshaat Al-Maarif, Alexandria, 2009.
William Naguib Nassar, The Concept of Crimes Against Humanity in International Law, The Concept of Crimes Against Humanity, Center for Arab Unity Studies, Beirut, 2014.
Second: University theses:
Raneem Majid Hamid Al-Sawady, Exceptional Circumstances in the Framework of the International Convention for the Protection of All Persons from Enforced Disappearance, PhD thesis, Faculty of Law, Ain Shams University, 2022.
Salah Mahdi Nassif, Criminal Protection of Persons from Enforced Disappearance in International Conventions and Iraqi Legislation, Master Thesis, College of Law and Politics, University of Basra, 2014.
Mazen Khalaf Nasser, Criminal Protection of Persons from Enforced Disappearance, a comparative study, PhD thesis, Faculty of Law, University of Babylon, 2015.
Nisrine Janadi, International Protection of Persons from Enforced Disappearance, PhD thesis, Faculty of Law, University of Algiers, 2018.
Nawal Ahmed Saro Al-Khalidi, The Crime of Enforced Disappearance, a comparative analytical study, PhD thesis, Faculty of Law, Tanta University, 2018.
Third: Scientific Research:
Hassoun Obaid Hajeej and Mazen Khalaf Nasser, The Protected Interest in the Crime of Enforced Disappearance, a comparative study, Ahl al-Bayt Magazine, Issue (21), 2016.
Fourth: International and regional charters:
The United Nations Declaration for the Protection of All Persons from Enforced Disappearances of 1992.
The 1994 American Convention on Enforced Disappearance of Persons.
The Statute of the International Criminal Court of 1998.
The Convention for the Protection of All Persons from Enforced Disappearance of 2006.
Fifth: International Documents:
United Nations General Assembly Resolution No. (33/173) of December 20, 1978.
Report of the Commission on Human Rights of November 21, 1979 on human rights in Chile.
Decision of the Human Rights Committee No. (20/D36) of February 29, 1980.
Report of the Working Group on Enforced or Involuntary Disappearances (General Comment on the Definition of Enforced Disappearance).
Report of the Working Group on Enforced or Involuntary Disappearances (General Comments on Enforced Disappearance as a Crime Against Humanity).
Report of the Working Group on Enforced or Involuntary Disappearances (Best Practices on Enforced Disappearances in Domestic Criminal Legislation).
Report of the Working Group on the International Review, Mexico, para. (54), March 22, 2019.
Iraq Report on Enforced or Involuntary Disappearances, 25 July 2014 (CED/C/IRQ/1).
Sixth: Legal Legislations:
(a) Constitutions:
The 2008 Constitution of Ecuador.
The 2009 Constitution of Bolivia.
Cuba's Constitution of 2019.
(b) Laws:
Uruguay's Penal Code of 1933.
The German Penal Code of 1871.
The Penal Code of Columbia of 1967.
Bolivia's Penal Code of 1972.
Guatemala Penal Code of 1973.
The Penal Code of Peru of 1991.
The French Penal Code of 1996.
El Salvador's Penal Code of 1997.
Paraguay's Penal Code of 1997.
Venezuela's Penal Code of 2000.
The German Law on Crimes against International Law 2002.
The Nicaraguan Penal Code of 2007.
Penal Code of Panama 2007.
Public Act on Enforced Disappearance of Persons and Kidnapping by Persons and on the Mexican National Tracing System of 2017.
Seventh: Reports of Human Rights Organizations:
No to Impunity for Enforced Disappearance, Checklist for the Effective Implementation of the International Convention for the Protection of All Persons from Enforced Disappearance, Amnesty International, 2011.
