International Criminal Law ♦ Online 61 Va. J. Int’l L. Online 1 (2020)

Enforced Disappearances: Applicable to Political Organizations?

ALEXANDER ROMBOUD WOLFFENBUTTEL

The definition of enforced disappearances in the Rome Statute for the International Criminal Court (ICC) includes “political organizations” as sub-state entities under Article 7 (Crimes Against Humanity). Other authoritative documents, such as the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), contain a conflicting definition of enforced disappearances, excluding political organizations that act without state authorization, support, or acquiescence. A lack of clarity remains for future cases at domestic trials, international human rights courts and international criminal tribunals, as to whether political organizations should be included or excluded from the definition of enforced disappearances.