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Journal articles on the topic 'Disappearance'

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Author: Grafiati

Published: 4 June 2021

Last updated: 1 August 2024

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1

Denysiuk, Olena. "FORCED DISAPPEARANCES IN THE CONDITIONS OF ARMED CONFLICT: PECULIARITIES OF COMMISSION AND RESPONSIBILITY." Baltic Journal of Legal and Social Sciences, no. 3 (October 11, 2023): 12–19. http://dx.doi.org/10.30525/2592-8813-2023-3-2.

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Abstract. The article is concerned on to the study of the peculiarities of the commission of enforced disappearance in Ukraine in the conditions of armed conflict and problematic issues that arise in practice in connection with the need to bring the perpetrators to criminal responsibility for the commission of the specified offense. The prerequisites for the criminalization of enforced disappearance have been considered. The reasons for the prevalence of enforced disappearances in the context of armed conflict have been identified and investigated. Statistical data on the number of enforced disappearances have been analyzed. Attention has been focused on the specifics of the perpetration of enforced disappearances during the war in Ukraine. The method of committing of enforced disappearances in the conditions of an armed conflict has been studied, the data on the categories of persons who become victims of this criminal offense have been analyzed. Possible places of violent disappearances, including during the so-called “filtering” have been considered. Attention has been dedicated to the main element of the objective side of enforced disappearance – the refusal to recognize the fact of deprivation of liberty and to inform about the fate and location of the victim. Certain problems of responsibility for enforced disappearance have been identified, including the causes of impunity for persons who commit enforced disappearances. A conclusion has been made regarding the presence of problematic issues that require legal resolution and the need to form an effective mechanism aimed at bringing to criminal responsibility persons committing crimes of enforced disappearance in order to avoid impunity.

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2

Sarkin, Jeremy. "Why the Prohibition of Enforced Disappearance Has Attained Jus Cogens Status in International Law." Nordic Journal of International Law 81, no. 4 (2012): 537–84. http://dx.doi.org/10.1163/15718107-08104006.

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This article examines the question whether jus cogens includes the prohibition of enforced disappearances, and why this is important. It surveys the meaning, context, development, status and position of jus cogens as well as enforced disappearance in international law, including their relationship to each other. It surveys the status of enforced disappearance in international law in general, as well as in international human rights law, international humanitarian law and international criminal law. The article scans the historical developments of international law, including developments over the last few decades, to indicate that the prohibition against enforced disappearance has attained jus cogens status. The legal framework is examined, including the jurisprudence that has emanated from a variety of sources. Specific treaties that deal with enforced disappearance are reviewed including the Declaration on the Protection of All Persons from Enforced Disappearance, the Inter-American Convention on Forced Disappearance of Persons, the Rome Statute of the International Criminal Court (ICC) and the International Convention for the Protection of All Persons from Enforced Disappearance (ICED). What jus cogens is, what the controversies are that surround it, the different ways that it is understood within different schools of thought, and how these issues impact on whether the prohibition of enforced disappearance has attained jus cogens status are studied. The historical developments around enforced disappearances are examined in some detail to determine what its status is, particularly in relation to state practice, so as to determine whether it is jus cogens.

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3

Yakymenko, Inna. "Foreign experience in criminal law counteraction to enforced disappearance." Law Review of Kyiv University of Law, no. 1 (May 5, 2021): 283–89. http://dx.doi.org/10.36695/2219-5521.1.2021.56.

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The problem of criminal liability for the enforced disappearance of the direction of supervision over the need to study issues relatedto the criminalization of such a crime, as well as determining the legal nature of such an act and distinguishing it from othersenshrined in law. The practice of foreign jurisdictions to determine the place of enforced disappearance in the criminal system is toadhere to the diverse and ambiguous, which is of keen interest among researchers.The article is devoted to the study of foreign experience on the mechanism of counteraction to enforced disappearances and comparisonwith the current practice in national legislation. It is well known that there is an ambiguity in the world community about anumber of issues directly related to enforced disappearances. In particular, the issue of criminalization of enforced disappearanceremains open, as to date a number of states have refrained from recognizing enforced disappearance as a criminal offense in nationallaw, thereby violating the provisions of the International Convention for the Protection of All Persons from Enforced Disappearance(hereinafter the Convention).The article considers the need to recognize enforced disappearance as a separate crime, which in turn generates interest in thestudy of issues related to the establishment of the appropriate legal qualification of such a crime and its place in criminal law. The studyalso found that different countries have chosen different ways to enshrine enforced disappearance in national law, namely: 1) recognitionof enforced disappearance as a crime against the will, honor and dignity of a person (within a single, isolated act of crime); 2) establishmentof criminal liability for two separate offenses: the first provides for liability for enforced disappearance under a single act, andthe second – in cases of systematic or large-scale nature; 3) recognition enforced disappearance by a crime against humanity in the caseof a single act; 4) recognition of enforced disappearance as a crime against humanity in the event of a large-scale or systematic attackon the civilian population; 5) establishment of a single offense, which includes all possible cases of enforced disappearance.The state of criminal-legal counteraction to enforced disappearances in Ukraine was also briefly analyzed. It is established thatthe national legislation on criminal liability for such a crime has shortcomings that must be overcome by amending the criminal lawaccordingly.

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4

Romashkin, Snizhana. "Historical background and key elements of crime accordingly to International Convention for the Protection of all Persons from Enforced Disappearance." Revista Amazonia Investiga 9, no. 28 (April 21, 2020): 536–44. http://dx.doi.org/10.34069/ai/2020.28.04.58.

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Today, the act of enforced disappearance is represented as the most serious violations of people's rights. Enforced disappearances are particularly common in countries where domestic conflicts occur. With the essential objective of stopping and preventing the practice of international and national enforced disappearances, most countries since the 1950s had begun to discuss international and regional tools for such interference. The crucial measure to prevent enforced disappearance was to sign the Convention for the Protection of All Persons from Enforced Disappearance at the international level, which represented and established an absolute right of person not to be subjected to violent disappearance. This article will describe the main ideas of the 2006 Convention together with the key description of the crime, will analyze some problems of practical application of the Convention, and last, but not least, will discuss the prospects for the implementation of the 2006 Convention. To achieve this purpose, were used: Dialectical, historical, formal, logical, deductive, statistical, hermeneutical, comparative and logical-legal methods.

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5

Ayat, Mohammed. "The Controversial Involvement of Non-State Actors in the Commission of Enforced Disappearances: An Introduction." International Annals of Criminology 60, no. 3 (November 2022): 309–16. http://dx.doi.org/10.1017/cri.2023.4.

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AbstractEnforced disappearance is one of the most horrific crimes of our time. This is a crime that causes excruciating suffering to its victims: the disappeared and their families and relatives. Thousands of people have suffered, and are still suffering, all over the world from enforced disappearances. To combat this scourge, a United Nations Convention was adopted in 2006 and entered into force in 2010. It adopted a definition of enforced disappearance that includes an important element: the direct or indirect involvement of the State Party in the commission of the enforced disappearance. Yet, private entities (commonly referred to as non-State actors) can also commit acts similar to enforced disappearances. However, in the absence of the element of the State Party’s involvement, can we go so far as to qualify the acts perpetrated by non-State actors as enforced disappearances? This question has generated and continues to generate an interesting debate.

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6

Onyshkevych, I. A. "Responsibility for forced disappearance in the criminal legislation of foreign countries (through the prism of the provisions of international agreements)." Analytical and Comparative Jurisprudence, no. 3 (September 28, 2022): 204–9. http://dx.doi.org/10.24144/2788-6018.2022.03.37.

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Enforced disappearance is a flagrant violation of the guaranteed and fundamental rights and freedoms that a person possesses. The practice of using enforced disappearances is not new, and therefore the need for proper and effective regulation aimed at preventing, guarding and protecting persons from enforced disappearances is socially demanded. The normative embodiment of states' desire to protect people from such encroachments is a number of international legal documents at the interstate level, while measures aimed at the implementation of relevant international legal norms are carried out at the level of a specific state. Therefore, the purpose of this article is to analyze the criminal legal norms of individual states in terms of responsibility for enforced disappearance, to assess the compliance of such national criminal legislation with international standards for combating enforced disappearances. The article examined the criminal laws of such countries as the Republic of Armenia, Georgia, the Republic of Azerbaijan, the Republic of Bosnia and Herzegovina, the Republic of Croatia, the Republic of Serbia, the Republic of Montenegro, the Republic of Turkey, the Kingdom of Spain, Romania, and the United States of America. The analysis was based on the standards defining the crime of enforced disappearance, which are set forth in the International Convention for the Protection of All Persons from Enforced Disappearance and the Rome Statute of the International Criminal Court. According to the results of the conducted research, it was established that most of the states do not provide protection against enforced disappearances from the criminal law. Those states that did enshrine enforced disappearance as a crime did so in the following forms: transfer into legislation with preservation of all features, enshrining the crime without disclosing its features, partial enshrining with a change in composition.

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7

Ali, Muhammad Imran. "Unveiling Shadows: Jus Cogens Imperative to Criminalize Enforced Disappearances in Pakistan." Vietnamese Journal of Legal Sciences 9, no. 2 (December 1, 2023): 90–114. http://dx.doi.org/10.2478/vjls-2023-0011.

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Abstract The United Nations, aiming to eradicate enforced disappearance, introduced the International Convention for the Protection of All Persons from Enforced Disappearance (ICPAPED), mandating signatory States to take preventive actions. Enforced disappearance is also deemed a crime against humanity under other international treaties. However, Pakistan has not ratified the ICPAPED, and its national laws lack specific provisions criminalizing enforced disappearance. Additionally, Pakistan is involved in various international treaties that uphold jus cogens, a fundamental principle of international law considered non-derogable. Given this context, the article highlights the misalignment of Pakistan’s national laws with the principles of jus cogens and underscores the urgent need for Pakistan to enact specific legislation that criminalizes enforced disappearances in line with international standards.

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8

K., Dj, and David Dabydeen. "Disappearance." World Literature Today 67, no. 3 (1993): 656. http://dx.doi.org/10.2307/40149508.

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9

Gunstone, Frank D. "Disappearance." Lipid Technology 20, no. 2 (February 2008): 48. http://dx.doi.org/10.1002/lite.200800007.

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10

Guimond, David. "The Sounds of Disappearance." Intermédialités, no. 10 (August 10, 2011): 115–30. http://dx.doi.org/10.7202/1005556ar.

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Examining the microoperations of sound's physical properties moves us beyond the temporality that has functioned to dichotomize its appearances and disappearances as solely an experience of a “coming to” and a “fading away.” Characterized by a frenzy of heterogeneous activity at the physical level, sound has the ability to engender simultaneous registers of appearance and disappearance in which they are neither mutually exclusive nor can be clearly separated, inviting us to eschew the simplicity of their temporal dichotomization. Rather, the power of sound functions specifically because it forever intertwines its appearances and disappearances, simultaneously, in the creation of the sonic event with the listening subject.

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11

Huttunen, Laura. "Missing persons and infrastructures of search and identification." Suomen Antropologi: Journal of the Finnish Anthropological Society 48, no. 2 (May 10, 2024): 118–22. http://dx.doi.org/10.30676/jfas.143673.

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People go missing all over the world, but the reasons for disappearances are enormously diverse. Some people are intentionally disappeared by the state: totalitarian and military governments as well as various paramilitary and criminal organizations have used enforced disappearances as a tactic to control the population and create submissive citizens or subjects though fear and insecurity. Both civilians and soldiers disappear invariably in the chaotic circumstances of war and armed conflict. Some people disappear in natural catastrophes or fatal accidents; some disappear of their own free will. Whatever the reason for disappearance, it disturbs the everyday flow of life in families and communities, and in many places, it creates anomalies for modern state bureaucracies. Unaccounted-for absences give rise to search practices, but the circumstances of search are radically different in different places and different contexts of disappearance. One way to approach these differences is to analyse the infrastructures of search in each site. I am especially interested in the entanglement of the local with the global, and of the spatial reach of search infrastructures . Moreover, I consider the significance of the material affordances of some infrastructural forms, especially of the DNA as the key tool for identification. I make some observations on how the entanglements of local and transnational investment and the material affordances of the techniques allow some of the disappeared to be found and identified, while others stay more ‘disappearable’ (Laakkonen 2022).

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12

Andrushko, A. V. "Comparative analysis of the legislation of foreign countries on criminal liability for enforced disappearance." Analytical and Comparative Jurisprudence, no. 1 (July 2, 2022): 308–19. http://dx.doi.org/10.24144/2788-6018.2022.01.56.

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The article analyzes the foreign experience of criminal law counteraction to enforced disappearances on the basis of research of the legislation of 50 countries. A study of the criminal law of approximately 100 countries has shown that criminal law prohibitions on enforced disappearances are currently contained in the legislation of Albania, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Belgium, Bolivia, Bosnia and Herzegovina, Burkina Faso, Burundi, Cambodia, Chad, Colombia, Congo, Croatia, the Czech Republic, El Salvador, Finland, France, Gabon, Germany, Guatemala, Honduras, Kyrgyzstan, Lesotho, Lithuania, Luxembourg, Mali, Malta, Mexico, Moldova, Mongolia, Montenegro, Netherlands, Nicaragua, Norway, Northern Macedonia, Panama, Paraguay, Peru, Poland, Romania, Serbia, Slovakia, Slovenia, Spain, Switzerland, Venezuela. It is found that the place of enforced disappearance in the system of the Special Part of foreign criminal laws is defined differently. The article establishes that the vast majority of legislators recognized this act as a crime against international law order. It is noteworthy that many legislators did not single out a separate article on liability for enforced disappearance, but recognized this act as a type of crime against humanity, mentioning it in the relevant “general” article. The article establishes that while formulating the disposition of the relevant criminal law prohibition, most legislators of foreign countries proceeded from the definition of enforced disappearance, given in Art. 2 of the International Convention for the Protection of All Persons from Enforced Disappearance, and from the definition of this act, given in paragraph “i” of Part 2 of Art. 7 of the Rome Statute of the International Criminal Court. Attention is drawn to the fact that these international legal acts set different standards for criminalizing enforced disappearances. There is a significant variety of existing approaches not only to criminalization, but also to penalizing enforced disappearances. The article emphasizes that the studied foreign experience may be needed in improving the domestic criminal law prohibition on liability for such encroachment. In particular, the overwhelming majority of legislators attribute enforced disappearances to crimes against international law order rather than to encroachments on personal liberty.

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13

Leyva Morelos Zaragoza, Salvador. "The Mexican General Law on the Forced Disappearance of Persons, Disappearances Committed by Individuals and the National Missing Persons System: How Many Steps Forward?" Mexican Law Review 12, no. 1 (June 27, 2019): 125. http://dx.doi.org/10.22201/iij.24485306e.2019.2.13641.

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In 2017, more than 40 years after some of the first documented cases of forced disappearance in Mexico, the General Law on the Forced Disappearance of Persons, Disappearances Committed by Individuals and the National Missing Persons System was published. The approval and enactment of the General Law constitutes a step toward ensuring the free and full enjoyment of human rights of victims of forced disappearance and their next of kin, in accordance with the international human rights standards concerning forced disappearances established by international human rights treaties, the Inter- American Court of Human Rights case law, the recommendations issued by the United Nations Committee and Working Group on Forced or Involuntary Disappearances, and the Inter-American Commission on Human Rights. The General Law introduces and modifies institutions, procedures and guidelines that contribute to ensuring the rights to justice, truth and reparation. However, the General Law does not fully comply with international human rights standards regarding military jurisdiction and criminal responsibility within the chain of command. Also, the proper and effective implementation of the General Law requires strong political will and sufficient material and human resources from the three levels of government. Otherwise, the General Law will simply be regarded as a piece of paper.

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14

Ezeilo, Joy, Festus Ukwueze, and Uchechukwu Nwoke. "Examining the Extent of the Application of the United Nations Convention on the Protection of All Persons from Enforced Disappearance in Nigeria." Nigerian Juridical Review 17 (July 13, 2022): 42–65. http://dx.doi.org/10.56284/tnjr.v17i1.27.

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The right of persons to be protected from enforced disappearance is an offshoot of the fundamental right to personal liberty. The United Nations International Convention on the Protection of all Persons from Enforced Disappearance (ICPAPED) came into force on 23 December 2010. Nigeria proclaims her commitment to its spirit and has ratified the Convention but is yet to domesticate the same. This article examines the extent of the application of the Convention in Nigeria. It argues that state practices are far from complying with the letters and spirit of the Convention as various acts of enforced disappearance of persons occur in the country. In this context, while pointing out concrete instances of state complicity in enforced disappearances, the paper highlights some of the recorded incidents of forced disappearances in the country committed by both state agents and non-state actors. It identifies the challenges militating against the effective implementation of the Convention and concludes by offering suggestions on how its application can be made more effective in Nigeria.

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15

Murakami, André Sunao Nishiuchi, Sheila Tiemi Sakamoto, and Sulene Noriko Shima. "The Disappearance of Eggs and Larvae from the Nests of the Mischocyttarus (Monogynoecus) montei Zikán (Hymenoptera: Vespidae), Especially in Autumn and Winter: Can it Mean an Adaptive Cannibalism to Ensure the Survival of Colonies?" Sociobiology 63, no. 1 (April 29, 2016): 699. http://dx.doi.org/10.13102/sociobiology.v63i1.879.

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The aim of this study was to verify the disappearance of eggs and larvae from the nests of the Mischocyttarus (Monogynoecus) montei, especially in autumn and winter, and at the same time, to discuss about the cannibalism as the main reason for survival of the colonies during the unfavorable climatic conditions. Forty one colonies were studied during the seasons of the year, period from March in 1999 to September 2000. A total of 314 disappearances of immature individuals was counted, corresponding to 95 eggs (27,1 %) and 229 larvae (72,9 %). The results of Chi-Square test for Contingency tables showed that the disappearance of eggs and larvae were significantly higher (P < 0,05) during the autumn and winter (x2egg= 14,53, G.L.egg= 3, Cegg= 0,38, x2larva= 443,15, G.L.larva= 3, Clarva= 0,81). In addition, the Spearman Correlation test revealed a significant negative correlation (P < 0,05) between the disappearance rate of larvae and fall in temperature (r = 0,62), as well as between the rate and fall in rainfall (r= 0,71), in autumn and winter. There were no significant correlation between the disappearance of eggs and any climatic factors. From total number of disappearances, small larvae disappeared from the cells at higher frequency (55,9%, n = 128) than medium (18,3%, n = 42) and large (25,8%, n = 49) size larvae. We suggest that these immatures (eggs and larvae) were cannibalized probably due to scarcity of prey and nectar under unfavorable climatic conditions, especially during the cold and dry periods of the year.

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16

Davis, Barbara Beckerman, Genevieve Jurgensen, and Adriana Hunter. "The Disappearance." Antioch Review 58, no. 4 (2000): 524. http://dx.doi.org/10.2307/4614077.

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17

Eades, Michael. "Documenting Disappearance." Performance Research 24, no. 7 (October 3, 2019): 99–102. http://dx.doi.org/10.1080/13528165.2019.1717872.

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18

Stearns, Beverly Peterson. "Documenting Disappearance." BioScience 60, no. 8 (September 2010): 642–45. http://dx.doi.org/10.1525/bio.2010.60.8.11.

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19

Aragüete-Toribio, Zahira. "Resisting Disappearance." Anthropology Now 10, no. 2 (May 4, 2018): 78–97. http://dx.doi.org/10.1080/19428200.2018.1495013.

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20

Barr, E. Scott. "Photometry disappearance." Physics Teacher 24, no. 4 (April 1986): 200. http://dx.doi.org/10.1119/1.2341983.

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21

Sandig, Ulrike Almut. "Against Disappearance." Oxford German Studies 47, no. 3 (July 3, 2018): 266–77. http://dx.doi.org/10.1080/00787191.2018.1503464.

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22

Aton, Henria. "Documenting Disappearance." Archivaria, no. 94 (December 14, 2022): 232–57. http://dx.doi.org/10.7202/1094882ar.

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On August 12, 2022, Tamil relatives of those forcibly disappeared during the Sri Lankan Civil War (1983–2009) marked their 2,000th day of public protest. Since these roadside protests began, elderly women and men searching for their loved ones have passed away and transitional justice promises have failed, but the disappeared have not been found. This article examines archives of the disappeared: collections of files, objects, photographs, etc. about missing loved ones. Paradoxically, these archives, as evidence that the disappeared once lived, are at the core of the protests, yet they are still overlooked by the Sri Lankan state. I explore these collections by examining the intersection of critical personal archives, life writing scholarship, and South Asian studies. The emerging field of critical personal archives suits the unique quality of archives of disappearance, their constructed nature, and their underlying intimacy. Life writing scholarship focuses a much-needed critical lens on self-representation, power, and narrative in archives, especially regarding those whose stories are marginalized and/or not deemed archivable. Drawing on semi-structured interviews I carried out with mothers of the disappeared in 2016–2017 and 2022, I analyze these archives using three life writing concepts: relationality, cultural scripts, and autotopography. The result reaffirms the enduring cultural, political, and personal value of archives of the disappeared and calls for reimagining personal archives as politically and emotionally powerful forms of representation that carve space for love and resistance.

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23

Ellis, Randolph J. K. "When was Now? Revisiting the Disappearance of Disappearance." Rural Theology 18, no. 1 (January 2, 2020): 13–19. http://dx.doi.org/10.1080/14704994.2020.1727153.

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24

Schwab, Gabriele. "Unofficial Wars: The Politics of Disappearance." European Review 22, no. 4 (September 26, 2014): 642–51. http://dx.doi.org/10.1017/s106279871400043x.

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This article examines Michael Ondaatje’s 2001 novelAnil’s Ghost, placing it within the context of a history of disappearance as a form of state terrorism on a global level. It contests the controversial response that Ondaatje’s work received, which alleged lack of political engagement in the novel on account of what critics saw as its ‘Westernised approach’. Instead, what is argued here is thatAnil’s Ghostpresents a particular form of ‘working through’, first by approaching disappearances through the embedded lives and subjectivities of targeted populations, and second by using the specific historical and local setting in Sri Lanka to explore the politics of disappearances as a global phenomenon.

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25

Schindel, Estela. "Deaths and Disappearances in Migration to Europe: Exploring the Uses of a Transnationalized Category." American Behavioral Scientist 64, no. 4 (October 21, 2019): 389–407. http://dx.doi.org/10.1177/0002764219883003.

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The high number of persons lost, missing, or dead without confirmation of decease in the Euro-Mediterranean in the context of migration and seek of asylum pose a challenge to the technical and conceptual tools available in order to account for their lives. This article explores the reach and possible uses of the category of enforced disappearance. The genealogy of enforced disappearance in Latin America in the 1970s is presented and discussed in terms of its legacies and teachings, like the importance of distinguishing disappearances from deaths. The recent incorporation of “disappearances in context of migration” as a matter of concern in explorative studies of the UN Working Group on Enforced or Involuntary Disappearances is subsequently exposed and analyzed. Indirect, outsourced, or externalized state agency, creation of spaces of abandonment from the states, and emergence of spaces of indeterminacy between life and death are some of the aspects related to migratory routes to Europe tackled by the recommendations of the Working Group. Finally, the text explores the affinity between migrants’ disappearances and other contemporary forms of exclusion or expulsion which may be subsumed under the category of “social disappearances.”

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Páez Meza, Sandra Milena, Sandra Eliana Patiño Idárraga, and Erika Alejandra Maldonado Estévez. "Las fronteras como dispositivos de desaparición. Una mirada a las desapariciones forzadas transfronterizas entre Colombia y Venezuela." Migraciones internacionales 14 (March 15, 2023): 0. http://dx.doi.org/10.33679/rmi.v1i1.2585.

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This work aims to show how the border between Norte de Santander (Colombia) and the state of Táchira (Venezuela) has been consolidated in the last decade as a disappearance device from a practice that has been called cross-border enforced disappearance. The article develops a contextualization of the economic and violent dynamics that are registered in this territory, which have facilitated the consolidation of this crime. From the analysis of 43 files of reported cases of these disappearances, it is possible to establish their characterization, delimit the actors (victims and perpetrators), and define the intentions circumscribed to this practice. In this way, a dimension is identified that stands out from the conceptual categories of the original disappearance and that exacerbates the violation of the victims by hindering the conditions of the search for truth, justice, and reparation for their families.

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27

Sunga, Richardo. "The Committee on Enforced Disappearances and Its Monitoring Procedures." Deakin Law Review 17, no. 1 (October 1, 2012): 151. http://dx.doi.org/10.21153/dlr2012vol17no1art72.

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The International Convention for the Protection of All Persons from Enforced Disappearances establishes the Committee on Enforced Disappearances to oversee its implementation. Its reporting, individual communications and inter-state communications procedures have enhanced features that build on the experiences of other monitoring bodies with similar procedures. Its urgent visit and referral procedures contain novel elements that can promote compliance with the right not to be subjected to enforced disappearance. While issues of duplication, lack of enforcement powers, competence ratione temporis and time and resource constraints set the parameters of what it can and cannot do, the Committee, as part of a system of international and regional bodies, has the potential to induce respect for human rights and to help move states toward the goal of compliance with the right not to be subjected to enforced disappearance.

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28

Zarrugh, Amina. "The Development of US Regimes of Disappearance: The War on Terror, Mass Incarceration, and Immigrant Deportation." Critical Sociology 46, no. 2 (March 28, 2019): 257–71. http://dx.doi.org/10.1177/0896920519826640.

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Following 9/11, hundreds of individuals in the USA were detained on suspicion of engaging in terrorism and subjected to a “hold until cleared” policy which permitted their indefinite detention while authorities vindicated them of terrorist connections. However, these experiences of detention are not unique to the post-9/11 era. Drawing on a critical analysis of prominent Supreme Court cases concerning the War on Terror, mass incarceration, and immigrant deportation, I argue that the US state has developed a series of institutions that operate to effectively “disappear” people from public and political life. While discussions of disappearance often focus on a specific type of state violence, several important features of state-enforced disappearance characterize all three of the cases considered here. First, disappearances focus on particular communities on the basis of sociological categories such as gender, age, race and ethnicity, and religion, among others. Second, disappearances foster a sense of uncertainty regarding why someone has been disappeared, and render it difficult to ascertain information about the individual. And lastly, disappearance has protracted and extended effects—psychological, social, economic—on the families and friends of the disappeared person. In the USA, capitalism plays a critical role in the development of institutions that disappear individuals.

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29

Vicente, Alejandra, and Eva Nudd. "Addressing a forgotten struggle: Victims of enforced disappearance in Africa." Torture Journal 31, no. 2 (October 20, 2021): 68–82. http://dx.doi.org/10.7146/torture.v31i2.125518.

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Abstract: Enforced disappearance in Africa occurs on a daily basis and no one is immune from becoming a victim. The practice, which commenced during the colonial times, continues today. Governments routinely use enforced disappearance as a tool to oppress the opposition and instill fear among the population in order to retain power. It is also used in the context of migration, as well as in many other contexts and against a variety of victims. As enforced disappearance is a crime committed by State officials with an interest in concealing it, the statistics on its prevalence are limited and do not show the full extent of the crime in Africa. Further, the lack of political will to acknowledge the use of this practice means that many African States lack policies and laws to prevent, investigate and punish the perpetrators of enforced disappearance. In the last two years, the African Commission on Human and Peoples’ Rights adopted two resolutions raising awareness of the crime and paving the way for drafting and adopting specific guidelines to address this crime, which would be a first step in setting up a holistic framework to eradicate enforced disappearances on the continent.

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Modolell González, Juan Luis. "The Crime of Forced Disappearance of Persons According to the Decisions of the Inter-American Court of Human Rights." International Criminal Law Review 10, no. 4 (2010): 475–89. http://dx.doi.org/10.1163/157181210x518965.

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AbstractThis 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.

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Archibald, J. David. "The importance of phylogenetic analysis for the assessment of species turnover: a case history of Paleocene mammals in North America." Paleobiology 19, no. 1 (1993): 1–27. http://dx.doi.org/10.1017/s0094837300012288.

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During the latest Cretaceous and the Paleocene in western North America, disappearance rates for mammalian genera track appearance rates, both reaching their peak in the early Paleocene (Puercan) following the extinction of non-avian dinosaurs. Some of the disappearances during this time were pseudoextinctions that resulted when ancestral species disappeared during speciation.Species-level cladistic analyses and a well-constrained biostratigraphic framework are required to study this form of pseudoextinction. Cladistic analyses show that monophyly cannot be established or rejected for some species because these species lack autapomorphies (uniquely derived character states) that unite their constituent members. Such taxa, termed metaspecies, are potential ancestors to species and higher clades with which they share a node in the cladogram.A hypothetical species-level cladistic analysis coupled with three different hypothetical biostratigraphies shows how different models of speciation (bifurcation, budding, or anagenesis) result in very different patterns of true versus pseudoextinction. Depending on the speciation model, true extinction can be overestimated by as much as a factor of four, raising the specter of mass extinction. Species-level studies for three early Tertiary mammalian taxa—taeniodont eutherians, taeniolabidid multituberculates, and periptychid ungulates—use the same procedures. They show that almost 25% of disappearances during the early Paleocene (Puercan) for species in the analysis were pseudoextinctions of metaspecies. Budding and anagenetic-like peripatric speciation, but not bifurcation, are seen in the three examples.Equating disappearance to true extinction can profoundly affect interpretations of faunal turnover, especially during mass extinctions or major faunal reorganizations. Some authors use pseudoextinction to describe the taxonomic rather than evolutionary disappearance of nonmonophyletic groups. Pseudoextinction, as used here refers only to the evolutionary disappearance of metaspecies via speciation. Both usages seem appropriate but should not be confounded.

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Duhaime, Bernard, and Andréanne Thibault. "Protection of migrants from enforced disappearance: A human rights perspective." International Review of the Red Cross 99, no. 905 (August 2017): 569–87. http://dx.doi.org/10.1017/s1816383118000097.

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AbstractThis article looks at the issue of enforced disappearances of migrants during their migratory journey or once they have reached their destination, a subject yet to be addressed in the literature. It examines how the legal and analytical framework provided by international human rights law and migration law applies to enforced disappearances of migrants. It then reviews the factors that contribute to this phenomenon in different contexts, including the disappearance of migrants for political reasons, those that take place in detention and deportation processes and those that take place within the context of migrant smuggling and trafficking.

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Harding, Warren. "Absence and Disappearance." Small Axe: A Caribbean Journal of Criticism 26, no. 1 (March 1, 2022): 1–15. http://dx.doi.org/10.1215/07990537-9724009.

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This essay argues for a comparative approach to studying and reading Black Caribbean women’s poetry. In particular, it focuses on the works of Cuban Soleida Ríos and Tobagonian Canadian M. NourbeSe Philip in their publications at the close of the 1980s. The essay asks, How does a recuperation of a poetics between Ríos and Philip enhance a study of the body? Through a close reading of two poems, it points to instances of absence and disappearance as generative signals that enable these women to transgress the silences that structure imaginative and lived experiences. In doing so, language, interiority, and grammar become critical spaces for readers to witness the transformative subjectivities that abound when journeying with these women’s poetry.

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COVINO, PETER. "DISAPPEARANCE AND MODULATION." Yale Review 98, no. 4 (2010): 55–56. http://dx.doi.org/10.1353/tyr.2010.0081.

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Rimm, Sylvia B., and Katherine Maas. "Disappearance of Underachievement." Gifted Child Today Magazine 12, no. 2 (March 1989): 36–39. http://dx.doi.org/10.1177/107621758901200215.

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COVINO, PETER. "DISAPPEARANCE AND MODULATION." Yale Review 98, no. 4 (September 27, 2010): 55–56. http://dx.doi.org/10.1111/j.1467-9736.2010.00666.x.

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Erin Nunoda. "Reconciling Queer Disappearance." Discourse 39, no. 1 (2017): 140. http://dx.doi.org/10.13110/discourse.39.1.0140.

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Soff, Sven, Steffen A. Bass, Christoph Hartnack, Horst Stöcker, and Walter Greiner. "Disappearance of flow." Physical Review C 51, no. 6 (June 1, 1995): 3320–25. http://dx.doi.org/10.1103/physrevc.51.3320.

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Sánchez, José A. "Presence and Disappearance." Performance Research 24, no. 7 (October 3, 2019): 6–15. http://dx.doi.org/10.1080/13528165.2019.1717858.

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Culp, Edwin. "Landscapes of Disappearance." Performance Research 24, no. 7 (October 3, 2019): 16–22. http://dx.doi.org/10.1080/13528165.2019.1717860.

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Fuller, Todd. "To the Disappearance." Wicazo Sa Review 23, no. 1 (2008): 148–49. http://dx.doi.org/10.1353/wic.2008.0001.

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Cling, Andrew D. "Disappearance and Knowledge." Philosophy of Science 57, no. 2 (June 1990): 226–47. http://dx.doi.org/10.1086/289545.

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Blankenship, Judy. "An Unquiet Disappearance." Report on the Americas 26, no. 2 (September 1992): 12–15. http://dx.doi.org/10.1080/10714839.1992.11723072.

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Smith, Theodore C. "Dyscosmesis Delays Disappearance." Anesthesiology 64, no. 1 (January 1, 1986): 133–34. http://dx.doi.org/10.1097/00000542-198601000-00036.

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Lombard, Louisa, Andrew B. Kipnis, Luiz Costa, Raminder Kaur, and Adeline Masquelier. "Appearance, disappearance, transience." HAU: Journal of Ethnographic Theory 13, no. 2 (September 1, 2023): 243–47. http://dx.doi.org/10.1086/727705.

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DuBois, Samuel, and Susan William. "Disappearance Beyond Magic." Thresholds, no. 52 (2024): 5–10. http://dx.doi.org/10.1162/thld_e_00809.

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Gündoğdu, Ayten. "Border Deaths as Forced Disappearances: Frantz Fanon and the Outlines of a Critical Phenomenology." Puncta 5, no. 3 (2022): 12–41. http://dx.doi.org/10.5399/pjcp.v5i3.2.

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This article aims to examine the racialized forms of violence enacted by contemporary border regimes by rethinking border deaths as “forced disappearances." Although “forced disappearance” is often associated with military dictatorships, I extend it to border control policies that push migrants beyond the pale of the law, make it difficult to find out about their fates or whereabouts, and render their lives disposable. In thinking about border deaths as forced disappearances, I move beyond the strictly juridical meaning of this term and foreground its phenomenological resonances to inquire into the conditions of appearance and disappearance, including the social structures, normative orders, and representational frameworks that make and unmake one’s relations to the world and other living beings. To undertake such an inquiry, I engage with Frantz Fanon's works and examine how borders establish racialized partitions among both the living and the dead. The analysis highlights how certain elements of colonialism—spatial compartmentalization, racial immobilization, routinized violence, legalized lawlessness—reappear within border governance. It also points to the crucial role that law plays in legitimizing racialized state violence in border control.

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Hepburn, Allan. "Vanishing Worlds: Epic Disappearance in Manhattan Beach." PMLA/Publications of the Modern Language Association of America 134, no. 2 (March 2019): 384–90. http://dx.doi.org/10.1632/pmla.2019.134.2.384.

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In Jennifer Egan's manhattan beach, certain aspects of american culture—farmland in brooklyn, the ziegfeld follies, Jean Harlow's curls, the “old salts” who sailed in wooden ships (259)—are recalled at the moment of their vanishing. These and other disappearances provide evidence that, in the novel, historical change is treated as an epic trope. At the same time, disappearances mark swerves in an individual character's destiny as novelistic events. In its blending of history with individuals' stories, Manhattan Beach can be called an epic novel, along the lines of Herman Melville's Moby-Dick and Don DeLillo's Libra. Whereas novels particularize individual experience in an evolving present, epics position individual destinies in a fixed, complete history. Novels differ from epics in the distance that they take from their respective subjects, though the two genres demonstrate “all-inclusiveness” and “expansiveness” (Merchant 71, 93). The epic novel mobilizes at the point where national ambitions overlay personal stories. hrough the trope of disappearance, Manhattan Beach correlates the epic ambition to show historical transformation with the novelistic ambition to represent personal renewal. Disappearances may be escapes, but they also forecast characters' fresh starts and future convergences.

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Fitrah, Nurul, Arman Anwar, and Irma Halima Hanafi. "Urgensi Indonesia Untuk Meratifikasi Konvensi Tentang Perlindungan Terhadap Penghilangan Orang Secara Paksa." TATOHI: Jurnal Ilmu Hukum 3, no. 2 (April 28, 2023): 123. http://dx.doi.org/10.47268/tatohi.v3i2.1557.

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Introduction: The Special Committee of the House of Representatives on the Handling of Discussions on the Results of the Investigation into the Enforced Disappearance of Persons for the Period 1997-1998, has issued four points of recommendation to the President. One of the four points is to urge the government to immediately ratify the convention on protection against forced disappearances of persons.Purposes of the Research: The purpose of this research was to determine the regulation of international law against forced disappearances of persons, and to know the urgency of Indonesia to ratify the convention on the protection against forced disappearances of persons. Methods of the Research: The research methods used are normative juridical research methods, analytical descriptive research types, sources of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. Technical collection of legal materials through library research and processing techniques for legal materials using qualitative analysis.Results of the Research: The result of the study is that international convention for the protection of all persons from enforced disappearance is an international instrument that regulates the obligations and responsibilities of states in providing protection to all persons from enforced disappearances. Indonesia has not yet ratified the convention of the protection of all persons from enforced disappearances. This Convention is very urgent to be ratified by Indonesia because it is one of the foundations of international human rights law that can provide protection, as well as a preventive and corrective effort of the state in ensuring the protection of all people from enforced disappearances. In addition, it is also to encourage cases of enforced disappearances in Indonesia in the past to be resolved and not repeated in the future.

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Fragoso, José M. V., André P. Antunes, Kirsten M. Silvius, Pedro A. L. Constantino, Galo Zapata-Ríos, Hani R. El Bizri, Richard E. Bodmer, et al. "Large-scale population disappearances and cycling in the white-lipped peccary, a tropical forest mammal." PLOS ONE 17, no. 10 (October 20, 2022): e0276297. http://dx.doi.org/10.1371/journal.pone.0276297.

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Many vertebrate species undergo population fluctuations that may be random or regularly cyclic in nature. Vertebrate population cycles in northern latitudes are driven by both endogenous and exogenous factors. Suggested causes of mysterious disappearances documented for populations of the Neotropical, herd-forming, white-lipped peccary (Tayassu pecari, henceforth “WLP”) include large-scale movements, overhunting, extreme floods, or disease outbreaks. By analyzing 43 disappearance events across the Neotropics and 88 years of commercial and subsistence harvest data for the Amazon, we show that WLP disappearances are widespread and occur regularly and at large spatiotemporal scales throughout the species’ range. We present evidence that the disappearances represent 7–12-year troughs in 20–30-year WLP population cycles occurring synchronously at regional and perhaps continent-wide spatial scales as large as 10,000–5 million km2. This may represent the first documented case of natural population cyclicity in a Neotropical mammal. Because WLP populations often increase dramatically prior to a disappearance, we posit that their population cycles result from over-compensatory, density-dependent mortality. Our data also suggest that the increase phase of a WLP cycle is partly dependent on recolonization from proximal, unfragmented and undisturbed forests. This highlights the importance of very large, continuous natural areas that enable source-sink population dynamics and ensure re-colonization and local population persistence in time and space.

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