New Paper Calls for a Revised Definition of Enforced Disappearance to Address the Growing Number of Disappearances Committed by Non-State Actors

27 September 2021

Our new Working Paper Non-State Actors and Enforced Disappearances: Defining a Path Forward written by our Teaching Assistant Ana Srovin Coralli discusses the growing phenomenon of disappearances committed by non-state actors and the need to rethink the current definition of enforced disappearance to address this reality, improve the situation of victims and ensure proper accountability of non-state actors.

A Rising Phenomenon not Recognized in the Current Definition of Enforced Disappearance

Disappearances committed by non-state actors have intensified throughout the years in all parts of the world. They can take place in the contexts of human trafficking, migration, and armed conflicts and are notably perpetrated by organized crime groups, street gangs or armed groups.

‘While this phenomenon is on the rise, the current international legal framework and definition of enforced disappearance in international human rights law (IHRL) does not allow to properly addressing it’ explains Ana Srovin Coralli.

Impact on the Victims: Lower Protection, Accountability and Redress

As a result, the author underlines that victims of disappearances perpetrated by non-state actors do not benefit from the same guarantees and protection as victims of enforced disappearances perpetrated, authorized, supported or acquiesced by the state.

For instance, under the current legal framework, many victims feel rejected, in particular because they cannot lodge a complaint against a non-state actor or submit a case to the United Nations Working Group on Enforced or Involuntary Disappearances or the UN Committee on Enforced Disappearances given that disappearance of their loved one is considered outside the ambit of the definition.

‘Whenever a disappearance does not qualify as an enforced disappearance – which is the case when perpetrated by non-state actors – the protection and guarantees for the disappeared and their relatives are significantly weaker’ underlines Ana Srovin Coralli.

 Kilinochchi. ICRC program for families of missing person. A woman carefully preserves a handkerchief and the clothes her daughter wore the day before she went missing.

The Need to Expand the Current Definition

 In her paper, the author suggests that expanding the definition of enforced disappearance would allow improving the situation of victims in two ways.

First, state obligations regarding disappearances committed by non-state actors would be equal to their obligations for enforced disappearances. Second, such expansion would also facilitate holding non-state actors accountable for disappearances.

‘It is time to ask ourselves whether the current definition of enforced disappearance is conceptualized in a way that corresponds to reality and addresses the rights of all victims’ says Ana Srovin Coralli.

‘By placing implications for victims at the centre of consideration, the expansion of the definition would contribute to achieving one of the key aims of IHRL, which is to protect human dignity’ she adds.

MORE ON THIS THEMATIC AREA

GHRP Bologna Meeting News

Expert Roundtable Discusses Role of Local and Regional Governments in data collection for National Mechanisms

29 April 2024

The Geneva Human Rights Platform co-hosted an expert roundtable on 'Data Planning and Collection by National Mechanisms for Implementation, Reporting, and Follow-up', in Bologna, Italy.

Read more

News

Third Season of ‘In and Around War(s)’ Launches with Episode on Weaponizing of Water

2 May 2024

Our podcast In and Around War(s) returns for a third season with the first episode discussing the weaponization of water.

Read more

Garment workersto receive food from their factory during lunch time. This food is freely provided by their factory in order to ensure that workers eat healthy and hygienic food. Training

Business and Human Rights

2-6 September 2024

This training course will examine how the UN Guiding Principles on Business and Human Rights have been utilized to advance the concept of business respect for human rights throughout the UN system, the impact of the Guiding Principles on other international organizations, as well as the impact of standards and guidance developed by these different bodies.

Read more

A session of the UN Human Rights Council Project

IHL Expert Pool

Started in January 2022

The IHL-EP works to strengthen the capacity of human rights mechanisms to incorporate IHL into their work in an efficacious and comprehensive manner. By so doing, it aims to address the normative and practical challenges that human rights bodies encounter when dealing with cases in which IHL applies.

Read more

Session of a UN Treaty Body Project

Treaty Bodies Individual Communications Procedures

Started in January 2019

Read more

Cover of the 2023 Geneva Academy Annual Report Publication

Annual Report 2023

published on July 2024

Read more