THE ENFORCED DISAPPEARANCES AS INTERNATIONAL CRIME Cover Image

ПРИСИЛНИ НЕСТАНЦИ КАО МЕЂУНАРОДНО КРИВИЧНО ДЕЛО
THE ENFORCED DISAPPEARANCES AS INTERNATIONAL CRIME

Author(s): Jovana Tijanić
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law, International Law, Human Rights and Humanitarian Law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: enforced disappearances; international criminal law; crime against humanity; immunity of the highest state representatives;

Summary/Abstract: The goal of this paper is to analyze the concept of enforced disappearances. It is an international crime that can be interpreted as one of the forms of crimes against humanity, as defined by the Rome Statute. At the same time, this is one of the most serious violations of human rights. The 2007 Convention on the Protection of All Persons from Enforced Disappearance, currently the only universal convention in this area, was analyzed. Part of the paper is devoted to the Draft Articles on the Immunity of the Highest State Representatives and, specifically, Article 7. This article lists crimes where immunity does not apply, and among other things, the crime of enforced disappearance is listed here. By analyzing this article and the Commission’s work, the position of the states and the international community, as well as judicial practice in this area, can be interpreted.