International Committee of the Red Cross (ICRC) in such situations, as
determined by the Geneva Conventions of 1949 and their Additional
Protocols of 1977.6
For the purposes of defining an act of enforced disappearance, the
Working Group considers that placing the victim outside the protection
of the law is a consequence of the crime. The Working Group, therefore,
admits cases of enforced disappearance without requiring the source of
the information to demonstrate, or even presume, that the intention of the
perpetrator was indeed to place the victim outside the protection of the
law. Furthermore, the Working Group considers that an act of enforced
disappearance may be initiated by an illegal detention or by an initially
legal arrest or detention. That is to say, the protection of a victim from
enforced disappearance must be effective upon the act of deprivation of
liberty, whatever form such deprivation takes, and not be limited to illegal
deprivations of liberty.
Finally, a detention followed by an extrajudicial execution is an enforced
disappearance proper, if it was carried out by governmental agents of
whatever branch or level, or by organized groups or private individuals
acting on behalf of, or with the support, direct or indirect, consent or
acquiescence of the Government, and, subsequent to the detention,
or even after the execution was carried out, State officials refuse to
disclose the fate or whereabouts of the persons concerned or refuse to
acknowledge the act having been perpetrated at all.
B. Activities of the Working Group
The Working Group’s basic mandate is to assist relatives to ascertain
the fate and whereabouts of their disappeared family members. For this
purpose, the Working Group examines reports of disappearances received
from relatives of disappeared persons or human rights organizations
acting on their behalf. After determining whether these reports comply
with a number of criteria, the Working Group transmits individual cases to
the Governments concerned, requesting them to carry out investigations
and to inform the Working Group of the results. The Working Group deals
with the cases on a purely humanitarian basis, irrespective of whether
Further information on these Conventions may be found in Fact Sheet No. 13: International
Humanitarian Law and Human Rights.
6
12
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents