PRACTICE NOTE 5
6
STRATEGIC LITIGATION OF ENFORCED
DISAPPEARANCES IN AFRICA
This practice note explains what holistic strategic litigation is, and how to do it in the
context of enforced disappearances in Africa. It makes suggestions based on academic
commentaries, research reports, and practical experience. It will be useful for those
new to strategic litigation, to find out more about it, and for more experienced
practitioners, to encourage reflection on how they do it. The note covers:
• A: What is Strategic Litigation? This explores the concept as well as the potential
impacts of strategic litigation.
• B: The Holistic Approach. Explaining the importance of providing for all the needs of
the survivor and accompanying them through the process.
• C: What is Enforced Disappearance? This includes the elements of the definition in
international human rights law.
• D: Legal Avenues to Seek Justice in Africa. Setting out the different legal paths to seek
justice and reparations for enforced disappearances that take place in Africa.
• E: Evidence. This includes types of evidence usually admitted in relation to enforced
disappearance cases.
• F: Reparation in Cases of Enforced Disappearance. Setting out the different reparation
measures relevant to redress the harm caused by this crime.
• G: Searching for the Disappeared. This includes important considerations to ensure
the search is part of litigation and advocacy strategies.
• H: Drafting Effective Legal Complaints to Regional and UN Bodies. Including key
elements to make legal claims persuasive.
• I: Further Reading. Containing a list of additional references on the topics covered in
this guide.