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Edited by
Grażyna Baranowska, Friedrich-Alexander-Universität Erlangen-Nürnberg,Milica Kolaković-Bojović, Institute of Criminological and Sociological Research, Belgrade
This chapter discusses the situation of contemporary disappearances in Mexico and explains how the heterogeneity of perpetrators and victims, especially the involvement of non-state actors in the commission of these crimes, poses conceptual challenges under the International Convention for the Protection of All Persons from Enforced Disappearances. It specifically addresses two legal questions: the state’s failure to identify dead bodies as a form of enforced disappearance and impunity as a form of acquiescence. Following this, it presents the Committee on Enforced Disappearance’s 2023 Statement on Non-State Actors and examines how the definition of acquiescence provided by the Committee could impact the categorisation of disappearances in Mexico. It is argued that the Committee’s definition could and should be applied in such a way as to consider a large number of disappearances in Mexico today as enforced disappearances, as well as that a presumption of acquiescence would be appropriate in Mexican context, as it places the burden of proof on the state, thereby potentially overcoming a seemingly arbitrary classification of victims into two categories.
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