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The Crime of Forced Disappearance of Persons According to the Decisions of the Inter-American Court of Human Rights

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image of International Criminal Law Review

This article briefly addresses the jurisprudence of the Inter-American Court of Human Rights regarding the crime of forced disappearance of persons and associated issues before analyzing the constitutive elements of the crime. Quoting the Rome Statute, the Court qualified the forced disappearance of persons as a crime against humanity, but there are clear and strong differences between both definitions. The first analysis of this article addresses the question of how the elements of the crime of the forced disappearance of persons should be defined in States that have signed and approved the mentioned regional Convention and the Rome Statute of the ICC. The second analysis focuses on the structure or elements that should constitute the definition of this crime. All of these elements will be studied on the basis of the concepts used by the Court and by comparison to the Rome Statute and the Convention on Forced Disappearances of Persons.

Affiliations: 1: Faculty of Law, Catholic University Andrés Bello, Venezuela


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