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Edited by
Grażyna Baranowska, Friedrich-Alexander-Universität Erlangen-Nürnberg,Milica Kolaković-Bojović, Institute of Criminological and Sociological Research, Belgrade
In armed conflicts, when people massively go missing, enforced disappearance is prohibited both by the ICPPED and customary international humanitarian law (IHL). While IHL is the primary regulator in armed conflicts, ICPPED complements and reinforces IHL protection from enforced disappearance including by providing more direct legal basis for the State Parties then customary nature of the matching IHL provisions which are often elusive for national practitioners. Obligation under ICPPED to introduce enforced disappearance as an autonomous and continuous domestic crime should provide potentially strong accountability mechanism given the absence of enforced disappearance from underlying offences considered war crimes and the contextual limitations of enforced disappearance as a crime against humanity and may also help break the silence about the disappeared. Limitation of the ICPPED’s definition of enforced disappearance as state-sponsored crime may be overcome in armed conflicts by the commensurate IHL prohibition which applies to non-state actors too.
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