Jump to ContentJump to Main Navigation
Disappearances in the Post-Transition Era in Latin America$
Users without a subscription are not able to see the full content.

Karina Ansolabehere, Barbara A. Frey, and Leigh A. Payne

Print publication date: 2021

Print ISBN-13: 9780197267226

Published to British Academy Scholarship Online: September 2021

DOI: 10.5871/bacad/9780197267226.001.0001

Show Summary Details
Page of

PRINTED FROM BRITISH ACADEMY SCHOLARSHIP ONLINE (www.britishacademy.universitypressscholarship.com). (c) Copyright British Academy, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in BASO for personal use.date: 07 December 2021

Conceptualising Disappearances in International Law

Conceptualising Disappearances in International Law

(p.37) 2 Conceptualising Disappearances in International Law
Disappearances in the Post-Transition Era in Latin America

Barbara A. Frey

British Academy

Enforced disappearance is one of the most serious crimes, prohibited across several regimes of international law, including human rights, humanitarian law and criminal law, yet Latin American governments and officials frequently avoid legal accountability for these violations. The dynamics of disappearances in post-transitional democracies call for a reconceptualisation of the international human rights framework, by reconsidering the meaning of state acquiescence. This chapter argues that a relevant and effective framework must embrace a contextual analysis and foreground the positive obligations of states to search and investigate these crimes, using generally accepted principles found in due diligence jurisprudence to measure the legal adequacy of the state’s responses to reported disappearances. Stretching the legal framework is necessary to disrupt the benefits of impunity, which violate the rights of victims, allow disappearances to thrive, and harm societies by hiding the truth.

Keywords:   Acquiescence, Due diligence, Enforced disappearance, Human rights, Impunity, International law

British Academy Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.