Commentary on the Draft UN “Declaration on the Protection of All Persons from Enforced or Involuntary Disappearances”

Brody, Reed

doi:10.1177/016934419000800404

Cited by 2 publications

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“…However, this interpretation is relativised by the last part of the sentence that adds as a condition, in order for the crime no longer to be considered as continuing, that the facts be clarified: 'The facts' in this sentence are a broad formula that may well include the whereabouts and the fate. It is striking that the settlement of the same issue-important for the development of jurisprudence on enforced disappearance in terms of statute of limitations and the applicability of amnesties-has such different languages in these two texts, despite the fact that there was the same purpose in them and that both drafting groups were in perfect communication (Brody and González 1992;Brody 1990).…”

Section: Notesmentioning

confidence: 99%

Disappearances in Mexico

Mandolessi¹,

Olalde²

2022

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This volume presents an interdisciplinary analysis of the practice of disappearances in Mexico, from the period of the so-called 'dirty war' to the current crisis of disappearances associated with the country's 'war on drugs', during which more than 80,000 people have disappeared. The volume brings together contributions by distinguished scholars from Mexico, Argentina and Europe, who focus their chapters on four broad axes of enquiry. In Part I, chapters examine the phenomenon of disappearances in its historical and present-day forms, and the struggles for memory around the disappeared in Mexico with reference to Argentina. Part II addresses the political dimensions of disappearances, focusing on the specificities that this practice acquires in the context of the counterinsurgency struggle of the 1970s and the so-called 'war on drugs'. The third section situates the issue within the framework of human rights law by examining the conceptual and legal aspects of disappearances. The final chapters explore the social movement of the relatives of the disappeared, showing how their search for disappeared loved ones involves bodily and affective experiences as well as knowledge production. The volume thus aims to further our understanding of the crisis of disappearances in Mexico without, however, losing sight of the historic origins of the phenomenon.

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Section: Notesmentioning

confidence: 99%

Disappearances in Mexico

Mandolessi¹,

Olalde²

2022

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The Accountability Turn in Third Wave Human Rights Fact-Finding

D’Alessandra

2017

Utrecht Journal of International and European Law

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Whereas the characteristics of human rights fact-finding largely vary depending on the typology and scope of the entity that carries it out, consensus seems to be developing that a common set of challenges to human rights fact-finding exists. This is especially so when carried out under United Nations auspices. For example, it has long been acknowledged that the very nature of the institution, sitting as it does at the crossroads of international politics, as well as the seemingly irresolvable tension between calls for human rights protection on the one hand, and State sovereignty on the other, present some structural challenges to human rights fact-finding. Furthermore, issues of coordination between the United Nations and other institutions (such as international governmental and non-governmental organisations, or international tribunals), as well as what some have called a 'lack of institutional memory' arguably often feature as regular traits among fact-finding mechanisms. In recent years, a further set of challenges has been added to the mix by additional requirements, featuring increasingly often in mandates, that instruct fact-finding mechanisms to make further determinations of facts (concerning, e.g., the identity of those most responsible for the violations being documented, or the existence of an armed conflict) and even consider questions of law (e.g. the qualification of the violations as crimes under international law). Building on an expanding body of scholarship on the subject, as well as the author's own experience with fact-finding efforts sitting at the intersection between traditional international human rights law and international criminal justice, this article argues: (i) that human rights fact-finding has evolved in three waves; (ii) that the third wave of human rights fact-finding is characterised by an "accountability turn"; and that (iii) this turn has brought about an additional set of challenges to the already thinstretched capacity of UN human rights inquiries. By virtue of the arguments advanced in this article, the author posits that updating and solidifying the human rights fact-finding methodology can assist United Nations inquiries and other human rights fact-finders in strengthening the credibility of their findings.

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Commentary on the Draft UN “Declaration on the Protection of All Persons from Enforced or Involuntary Disappearances”

Cited by 2 publications

References 0 publications

Disappearances in Mexico

Disappearances in Mexico

The Accountability Turn in Third Wave Human Rights Fact-Finding

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