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Disappeared
An enforced disappearance (or forced disappearance) is the secret abduction or imprisonment of a person by a state or political organization, or by a third party with the authorization, support, or acquiescence of a state or political organization, followed by a refusal to acknowledge the person's fate and whereabouts, with the intent of placing the victim outside the protection of the law. According to the Rome Statute of the International Criminal Court, which came into force on 1 July 2002, when committed as part of a widespread or systematic attack directed at any civilian population, a "forced disappearance" qualifies as a crime against humanity, not subject to a statute of limitations, in international criminal law. On 20 December 2006, the United Nations General Assembly adopted the International Convention for the Protection of All Persons from Enforced Disappearance. Often, forced disappearance implies murder: a victim is abducted, may be illegally detained and of ...
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Dirty War
The Dirty War ( es, Guerra sucia) is the name used by the military junta or civic-military dictatorship of Argentina ( es, dictadura cívico-militar de Argentina, links=no) for the period of state terrorism in Argentina from 1974 to 1983 as a part of Operation Condor, during which military and security forces and right-wing death squads in the form of the Argentine Anticommunist Alliance (AAA, or Triple A) hunted down any political dissidents and anyone believed to be associated with socialism, left-wing Peronism, or the Montoneros movement.''Political Violence and Trauma in Argentina, '' Antonius C. G. M. Robben, p. 145, University of Pennsylvania Press, 2007Marguerite Guzmán Bouvard, ''Revolutionizing Motherhood: The Mothers of the Plaza De Mayo,'' p. 22, Rowman & Littlefield, 1994 It is estimated that between 9,000 and 30,000 people were killed or disappeared, many of whom were impossible to formally document due to the nature of state terrorism. The primary target, ...
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International Convention For The Protection Of All Persons From Enforced Disappearance
The International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) is an international human rights instrument of the United Nations intended to prevent forced disappearance, which, as defined in international law, is part of crimes against humanity. The text was adopted by the United Nations General Assembly on 20 December 2006 and opened for signature on 6 February 2007. It entered into force on 23 December 2010. As of November 2022, 98 states have signed the convention and 68 have ratified it. Genesis Following a General Assembly resolution in 1992 containing a 21 article declaration about enforced disappearance, and its resolution of 1978 requesting that recommendations be made, the Commission on Human Rights established an "inter-sessional open-ended working group to elaborate a draft legally binding normative instrument for the protection of all persons from enforced disappearance" in 2001. The Group concluded its work in 2006 and its dra ...
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Nacht Und Nebel
''Nacht und Nebel'' (German: ), meaning Night and Fog, was a directive issued by Adolf Hitler on 7 December 1941 targeting political activists and resistance "helpers" in the territories occupied by Nazi Germany during World War II, who were to be imprisoned, murdered, or made to disappear, while the family and the population remained uncertain as to the fate or whereabouts of the alleged offender against the Nazi occupation power. Victims who disappeared in these clandestine actions were never heard from again. Name The alliterative hendiadys ''Nacht und Nebel'' (German for "Night and Fog") is documented in German since the beginning of the 17th century. It was used by Wagner in ''Das Rheingold'' (1869) and has since been adopted into everyday German (e.g. it appears in Thomas Mann's '' Der Zauberberg,'' or "The Magic Mountain"). It is not clear whether the term ''Nacht-und-Nebel-Erlass'' ("Night and Fog directive") had been in wide circulation or used publicly before 1945. Th ...
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International Coalition Against Enforced Disappearances
The International Coalition against Enforced Disappearances (ICAED) gathers organizations of families of disappeared and human rights NGOs working in a nonviolent manner against the practice of enforced disappearances at the local, national and international level. The ICAED is promoting the early ratification and effective implementation of the International Convention for the Protection of All Persons from Enforced Disappearance, which was adopted by the United Nations General Assembly on December 20, 2006. It was opened for signature on 6 February 2007 and entered into force on 23 December 2010. , 94 states have signed the convention and 46 have ratified it. The ICAED was founded officially in September 2007 during a side event to the Human Rights Council session in Geneva. The ICAED forms the next phase in the international cooperation of all those working towards better protection from enforced disappearances. The Latin American federation of family member organisations FEDEFAM ...
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Prison
A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correctional facility, lock-up, hoosegow or remand center, is a facility in which inmates (or prisoners) are confined against their will and usually denied a variety of freedoms under the authority of the state as punishment for various crimes. Prisons are most commonly used within a criminal justice system: people charged with crimes may be imprisoned until their trial; those pleading or being found guilty of crimes at trial may be sentenced to a specified period of imprisonment. In simplest terms, a prison can also be described as a building in which people are legally held as a punishment for a crime they have committed. Prisons can also be used as a tool of political repression by authoritarian regimes. Their perceived opponents may be ...
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Rome Statute
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998Michael P. Scharf (August 1998)''Results of the Rome Conference for an International Criminal Court''. The American Society of International Law. Retrieved on 31 January 2008. and it entered into force on 1 July 2002. As of November 2019, 123 states are party to the statute. Among other things, the statute establishes the court's functions, jurisdiction and structure. The Rome Statute established four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. Those crimes "shall not be subject to any statute of limitations". Under the Rome Statute, the ICC can only investigate and prosecute the four core international crimes in situations where states are "unable" or "unwilling" to do so themselves; the jurisdiction of the court is complement ...
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Presumption Of Innocence
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact (a judge or a jury). If the prosecution does not prove the charges true, then the person is acquitted of the charges. The prosecution must in most cases prove that the accused is guilty beyond a reasonable doubt. If reasonable doubt remains, the accused must be acquitted. The opposite system is a presumption of guilt. In many countries and under many legal systems, including common law and civil law systems (not to be confused with the other kind of civil law, which deals with non-criminal legal issues), the presumption of innocence is a legal right of the accused in a criminal trial. It is also an international human right under the UN's Universal Declaration of Human Rights, Article 11. Hist ...
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Equal Protection
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws.''" It mandates that individuals in similar situations be treated equally by the law. A primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the guaranteed right to equal protection by law. As a whole, the Fourteenth Amendment marked a large shift in American constitutionalism, by applying substantially more constitutional restrictions against the states than had applied before the Civil War. The meaning of the Equal Protection Clause has been the subject of much debate, and inspired the well-known phrase "Equal Justice Under Law". This clause was the basis for ''Brown v. Board of Education'' (1954), the ...
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Counsel
A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of ''lawyer''. The word ''counsel'' can also mean advice given outside of the context of the legal profession. UK and Ireland The legal system in England uses the term ''counsel'' as an approximate synonym for a barrister-at-law, but not for a solicitor, and may apply it to mean either a single person who pleads a cause, or collectively, the body of barristers engaged in a case. The difference between "Barrister" and "Counsel" is subtle. "Barrister" is a professional title awarded by one of the four Inns of Court, and is used in a barrister's private, academic or professional capacity. "Counsel" is used to refer to a barrister who is instructed on a particular case. It is customary to use the third person when addressing a barrister instructed on a case: "Counsel is asked to advise" rather than "Y ...
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International Criminal Court
The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes and the crime of aggression. It is distinct from the International Court of Justice, an organ of the United Nations that hears disputes between states. While praised as a major step towards justice, and as an innovation in international law and human rights, the ICC has faced a number of criticisms from governments and civil society, including objections to its jurisdiction, accusations of bias, Eurocentrism and racism, questioning of the fairness of its case-selection and trial procedures, and doubts about its effectiveness. History The establishment of an international tribunal to judge political leaders accused of international crimes was first proposed ...
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Right To A Fair Trial
A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Sixth Amendment to the United States Constitution, and Article 6 of the European Convention of Human Rights, as well as numerous other constitutions and declarations throughout the world. There is no binding international law that defines what is not a fair trial; for example, the right to a jury trial and other important procedures vary from nation to nation. Definition in international human rights law The right to fair trial is very helpful to explore in numerous declarations which represent customary international law, such as the Universal Declaration of Human Rights (UDHR). Though the UDHR enshrines some fair trial rights, such as the presumption of innocence until the accused is proven guilty, in Articles 6, 7, 8 and 11, the ke ...
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Freedom (political)
Political freedom (also known as political autonomy or political agency) is a central concept in history and political thought and one of the most important features of democratic societies.Hannah Arendt, "What is Freedom?", ''Between Past and Future: Eight Exercises in Political Thought'', (New York: Penguin, 1993). Political freedom was described as freedom from oppression or coercion, the absence of disabling conditions for an individual and the fulfillment of enabling conditions, or the absence of life conditions of compulsion, e.g. economic compulsion, in a society. Although political freedom is often interpreted negatively as the freedom from unreasonable external constraints on action, it can also refer to the positive exercise of rights, capacities and possibilities for action and the exercise of social or group rights. The concept can also include freedom from internal constraints on political action or speech (e.g. social conformity, consistency, or inauthentic behavio ...
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