“The adoption of this Convention is an historic step in the fight against enforced disappearances. It sends a clear political message that this heinous crime will not be tolerated,” said the ICJ.

“It is now for all States to reaffirm their commitment to ending enforceddisappearances by ratifying and implementing the Convention,” added theICJ.

The enforced disappearance of people is one of the most heinous humanrights violations and constitutes a crime under international law. The victimis totally in the control of the perpetrators of the crime and it inflicts severesuffering on the relatives and friends of the disappeared person: The neverendingwait and uncertainty about the victim’s fate, whereabouts or return.The abduction of children of people subjected to enforced disappearance, orchildren born while their mothers are disappeared is a flagrant denial ofhuman dignity. The practice of enforced disappearance violates the basicprinciples of the rule of law and the very concept of humanity itself.

“This Convention has teeth and fills an immense gap. Until now there wasno international treaty to help fight this international crime,” said the ICJ.

The Convention states that enforced disappearance is an international crime and establishes an absolute right not to be subjected to enforced disappearance. It sets out State obligations to prevent enforced disappearances, such as a prohibition on secret detentions; a requirement that people be detained only in officially recognized and supervised facilities that maintain records of all detainees; a requirement that the State ensure that all detainees are able to challenge in court the legality of their detention (habeas corpus) and the right to obtain information on detainees.

The Convention reaffirms the right of victims to truth and to reparation for them and their relatives, as well as the right to form associations and organizations to fight against enforced disappearances. The Convention also deals with the wrongful removal of children whose parents are victims of enforced disappearance, the falsification of these children’s identities and their subsequent adoption. Under the Convention a Committee on enforced disappearances will be set up. In addition to monitoring how States implement their obligations, the Committee has a humanitarian urgent procedure, under which it will be able to undertake field inquiries and bring to the attention of the UN General Assembly situations where there is widespread and systematic practice of enforced disappearance.

“The struggle against this crime and the protection of victims and their families should be a priority for all States,” said the ICJ. The ICJ calls on all Member States of the United Nations to accord the highest priority to the signature and ratification of the Convention and to adopt the necessary measures to prohibit and criminalize the practice of enforced disappearance in their national legislation.

For further information, please contact Federico Andreu-Guzmán (+ 41 (0) 22 979 38 00 or Andreu@icj.org).