The Global Practice of Systematic Enforced Disappearances of Children in International Law: Strategies for Preventing Future Occurrences and Solving Past Cases

Jeremy Sarkin, Elisenda Calvet Martinez

Research output: Contribution to journalArticlepeer-review

1 Citation (Scopus)
10 Downloads (Pure)

Abstract

Abstract: The aim of this article is to first investigate and understand the widespread and systematic practice of enforced disappearances against children around the world, with a key purpose being to show that it is a regular occurrence. The article reviews the systematic disappearances of children in their historical context, beginning from the Second World War. A variety of country examples some historical and some contemporary -are discussed to indicate the
widespread nature of the practice. The variety of cases is used to understand
why states participate in such practices and why children specifically are
targeted as victims of enforced disappearances. However, it has not been
possible to consider all situations where such disappearances have occurred
because there are so many. The article then examines the international legal
framework to deal with the scourge of enforced disappearances of children. The
laws and processes in international human rights law (IHRL), international
humanitarian law (IHL) and international criminal law (ICL) are considered in
turn. Thus, the article assesses what the problems with the law are and what can
be done to make the law and processes able to prevent and deal with
disappearances. It also provides a range of recommendations and solutions for
how to improve the situation of the systematic disappearance of children.
Original languageEnglish
Pages (from-to)33-101
Number of pages69
JournalCatholic University Law Review
Volume71
Issue number1
Publication statusPublished - Jun 2022

Keywords

  • Children
  • Enforced Disappearances
  • International Human Rights Law
  • International Humanitarian Law
  • International Criminal Law
  • Systematic Practice

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