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The Crime of Forced Disappearance of Persons According to the Decisions of the Inter-American Court of Human Rights

The Crime of Forced Disappearance of Persons According to the Decisions of the Inter-American... <jats:sec><jats:title>Abstract</jats:title><jats:p>This article briefly addresses the jurisprudence of the Inter-American Court of Human Rights regarding the crime of forced disappearance of persons and associated issues before analyzing the constitutive elements of the crime. Quoting the Rome Statute, the Court qualified the forced disappearance of persons as a crime against humanity, but there are clear and strong differences between both definitions. The first analysis of this article addresses the question of how the elements of the crime of the forced disappearance of persons should be defined in States that have signed and approved the mentioned regional Convention and the Rome Statute of the ICC. The second analysis focuses on the structure or elements that should constitute the definition of this crime. All of these elements will be studied on the basis of the concepts used by the Court and by comparison to the Rome Statute and the Convention on Forced Disappearances of Persons.</jats:p> </jats:sec> http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Criminal Law Review Brill

The Crime of Forced Disappearance of Persons According to the Decisions of the Inter-American Court of Human Rights

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Publisher
Brill
Copyright
© 2010 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1567-536X
eISSN
1571-8123
DOI
10.1163/157181210X518965
Publisher site
See Article on Publisher Site

Abstract

<jats:sec><jats:title>Abstract</jats:title><jats:p>This article briefly addresses the jurisprudence of the Inter-American Court of Human Rights regarding the crime of forced disappearance of persons and associated issues before analyzing the constitutive elements of the crime. Quoting the Rome Statute, the Court qualified the forced disappearance of persons as a crime against humanity, but there are clear and strong differences between both definitions. The first analysis of this article addresses the question of how the elements of the crime of the forced disappearance of persons should be defined in States that have signed and approved the mentioned regional Convention and the Rome Statute of the ICC. The second analysis focuses on the structure or elements that should constitute the definition of this crime. All of these elements will be studied on the basis of the concepts used by the Court and by comparison to the Rome Statute and the Convention on Forced Disappearances of Persons.</jats:p> </jats:sec>

Journal

International Criminal Law Review – Brill

Published: Jan 1, 2010

Keywords: CONVENTION PERMANENCY; DEPRIVATION; INTEREST; OFFENSE; STATE; FORCED DISAPPEARANCE OF PERSONS; COURT; CRIME

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