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... International Criminal Law Review 10 (2010) 475–489 © Koninklijke Brill NV, Leiden, 2010 DOI 10.1163/157181210X518965 brill.nl/icla International Criminal Law Review Th e Crime of Forced Disappearance of Persons According to the Decisions of the Inter-American Court of Human Rights Juan Luis Modolell González * Dean, Faculty of Law, Catholic University Andrés Bello, Venezuela Abstract Th is article briefl y 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 qualifi ed the forced disap- pearance of persons as a crime against humanity, but there are clear and strong diff erences between both defi nitions. Th e fi rst analysis of this article addresses the question of how the elements of the crime of the forced disappearance of persons should be defi ned in States that have signed and approved the mentioned regional Convention and the Rome Statute of the ICC. Th e second analy- sis focuses on the structure or elements that should constitute the defi nition of this crime. All of these elements will be studied on the basis of the concepts 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
D.O.I.
10.1163/157181210X518965
Publisher site
See Article on Publisher Site

Abstract

International Criminal Law Review 10 (2010) 475–489 © Koninklijke Brill NV, Leiden, 2010 DOI 10.1163/157181210X518965 brill.nl/icla International Criminal Law Review Th e Crime of Forced Disappearance of Persons According to the Decisions of the Inter-American Court of Human Rights Juan Luis Modolell González * Dean, Faculty of Law, Catholic University Andrés Bello, Venezuela Abstract Th is article briefl y 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 qualifi ed the forced disap- pearance of persons as a crime against humanity, but there are clear and strong diff erences between both defi nitions. Th e fi rst analysis of this article addresses the question of how the elements of the crime of the forced disappearance of persons should be defi ned in States that have signed and approved the mentioned regional Convention and the Rome Statute of the ICC. Th e second analy- sis focuses on the structure or elements that should constitute the defi nition of this crime. All of these elements will be studied on the basis of the concepts

Journal

International Criminal Law ReviewBrill

Published: Jan 1, 2010

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

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