This book explores the international legal framework governing the crime and human rights violation of enforced disappearance. It includes a thorough analysis and comparison of the existing international human rights case law and an assessment of the rules of international humanitarian law and international criminal law applicable to enforced disappearance.
The study includes a meticulous review, comparison and analysis of the case law of the international criminal tribunals, the Human Rights Committee, the Inter-American and European Courts of Human Rights and the African Commission on Human and People’s Rights. It contains a comparison of the jurisprudence on cases of enforced disappearance with regard to the different aspects of the right to liberty and security, the right to life, the prohibition of torture, the right to be recognized as a person before the law, the right to the truth and the right to privacy and family life. In addition, it reviews the rules that apply to enforced disappearance under international humanitarian law and determines the principles applicable for individual responsibility for the crime of enforced disappearance under international criminal law.
On the basis of this analysis, the author interprets, evaluates and embeds the provisions of the International Convention for the Protection of all Persons from Enforced Disappearance in the international legal framework. The book provides a useful tool for the interpretation of the International Convention, identifies the gaps and inconsistencies contained in the text of the Convention and suggests possible solutions. In addition, it explores how the entering into force of the International Convention may affect the case law of the existing international judicial bodies. This comprehensive and multidisciplinary description of the current international legal framework and its influence on the International Convention is likely to become a standard work as it closes a gap in existing legal literature.
‘The study constitutes an invaluable contribution for a comprehensive approach to enforced disappearance and its eradication and is a powerful voice for the continued evolution of this area of the law.’
From the foreword by Prof. Dr. Martina Caroni, Professor of International and Constitutional Law, School of Law, University of Lucerne
‘A groundbreaking work on a particularly grave human rights violation; a comprehensive compendium and analysis of the law on enforced disappearance; a must-read for all who are scholars, practitioners or students in this field.’
Lauren Redman, JD, LL.M., Assistant Professor of Law, University of Lucerne
‘Ott’s work presents for the first time an extensive analysis of the phenomenon of enforced disappearance. […] Ott impressively demonstrates that the phenomenon of enforced disappearance is no only explicitly and in detail governed by the International Convention for the Protection of All Persons from Enforced Disappearance but that it is also regulated by international human rights, international law and criminal law. As a result of Ott’s comprehensive approach, the extensive development of international law with regard to this rather specific phenomenon becomes obvious. This achievement by Ott might – hopefully – contribute to the eradication of enforced disappearance and is this to be greatly appreciated. ‘
Sara Jötten in 2011 German Yearbook of international Law, 812.
About the author
Lisa Ott was born in Switzerland and is a national of Switzerland and Sweden. She studied law at the Universities of Lucerne and Geneva in Switzerland. She worked at the University of Lucerne before beginning her current position with the UN Office of the High Commissioner for Human Rights.
There are no separate chapters available for this publication.