نوع مقاله : مقاله پژوهشی
1 حقوق عمومی، دانشکده حقوق، دانشگاه شهبدی بهشتی، تهران، ایران
2 حقوق عمومی، دانشکده حقوق و علوم و سیاسی، دانشگاه تهران، تهران، ایران
3 حقوق عمومی، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران
عنوان مقاله [English]
The crime of Enforced Disappearance is widely spread in the international arena. But because the lack of explicit codification of this crime, it still has a lot of gaps, and as a result, legal texts have not been clearly addressed it. However, the history of committing such acts has constituted a significant amount of international criminal law documents that principles and rules of law can extract from this documents and judiciary concern to this Crime. The main discussed topic is the responsibility of states to prevent the crime of Enforced Disappearance that emerged in the cases cited by United Nations Human Rights Committee under international Civil and Political Covenant. In the present paper, with focus on the judiciary, we have been discuses about this responsibility to States, which are sometimes undercover and not Specified in practical procedures. In the present paper, with focus on the judiciary, we have been discuses about this responsibility to States, which are sometimes undercover and not Specified in practical procedures.
UN documents: Human Rights Committee
Table of Cases: HRC