ICRC>
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.
Geneva Academy
ICRC>
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.
MSF
MSF
ICRC>
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.
ICRC
ICRC>
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.
Geneva Academy
Our 2024 Annual Report highlights significant achievements in international humanitarian law education and research during a year marked by deepening global humanitarian crises.
ITU
Our event brought together human rights practitioners, data scientists, and AI experts to explore how artificial intelligence can support efforts to monitor human rights and the Sustainable Development Goals.
This open discussion will consider the strengthening of international labour rights and human rights standards with focus on freedom of association.
Adobe Stock
This side event will bring together stakeholders to discuss the growing concerning recurrence to short-term enforced disappearances worldwide, and the challenges they pose for victims and accountability.
Adobe
This training course, specifically designed for staff of city and regional governments, will explore the means and mechanisms through which local and regional governments can interact with and integrate the recommendations of international human rights bodies in their concrete work at the local level.
UN Photo / Jean-Marc Ferré
This training course will explore the origin and evolution of the Universal Periodic Review (UPR) and its functioning in Geneva and will focus on the nature of implementation of the UPR recommendations at the national level.
Victoria Pickering
This project aims at providing support to the UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association Clément Voulé by addressing emerging issues affecting civic space and eveloping tools and materials allowing various stakeholders to promote and defend civic space.
Adobe
To unpack the challenges raised by artificial intelligence, this project will target two emerging and under-researched areas: digital military technologies and neurotechnology.