Spencer, Dragana (2021) Enforced and involuntary disappearances as a crime against humanity in international criminal law leading to state responsibility to investigate and prosecute. In: Enforced and involuntary disappearances in dictatorship and authoritarian past and contemporary settings: a social, legal, and historical appraisal of transitional and transformation polices and mechanisms. Tirana, Albania. 13th-15th December 2021. OSCE (Organization for Security and Co-operation in Europe), Centre for Justice and Transformation/University of Tirana, Albania, pp. 248-253.

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Abstract

International criminal law has struggled in the last thirty years or so to come up with a doctrinally coherent and durable definition of enforced disappearances as a crime against humanity. The roots of this crime as a specific crime against humanity can be seen in international humanitarian law and more specifically and in the MTC and Nuremberg trials. Both of these sources indicate that prohibition of enforced disappearances as a crime against humanity is a norm of customary international law, the breach of which constitutes both individual and State liability in international law. On one hand the presentation aims at highlighting the uniqueness of the crime of enforced and involuntary disappearances as a crime against humanity in international criminal law under the ICC Statute, and on the other, the overlooked connection between international individual criminal and international State responsibility, which is specific to this crime.

Item Type:	Conference Proceedings
Title of Proceedings:	Enforced and involuntary disappearances in dictatorship and authoritarian past and contemporary settings: a social, legal, and historical appraisal of transitional and transformation polices and mechanisms. Tirana, Albania. 13th-15th December 2021.
Uncontrolled Keywords:	enforced and involuntary disappearances; crimes against Humanity; international criminal law; state responsibility
Subjects:	K Law > K Law (General) K Law > KZ Law of Nations
Faculty / School / Research Centre / Research Group:	Faculty of Liberal Arts & Sciences Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Last Modified:	23 May 2022 11:59
URI:	http://gala.gre.ac.uk/id/eprint/36180

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