08 February 2007

Time for yet another unratified treaty

UPDATE: I didn't fully do my homework when I posted this. Had I done so I would have known that the US has already refused to sign the treaty. State Department spokesman Sean McCormack said that the treaty "did not meet our expectations."

The International Convention for the Protection of All Persons from Enforced Disappearance has been opened for signature. Just to give you a taste here are the first few articles.

Article 1

1. No one shall be subjected to enforced disappearance.

2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for enforced disappearance.

Article 2

For the purposes of this Convention, “enforced disappearance” is considered to be the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law.

Article 3

Each State Party shall take appropriate measures to investigate acts defined in article 2 committed by persons or groups of persons acting without the authorization, support or acquiescence of the State and to bring those responsible to justice.

Article 4

Each State Party shall take the necessary measures to ensure that enforced disappearance constitutes an offence under its criminal law.

Article 5

The widespread or systematic practice of enforced disappearance constitutes a crime against humanity as defined in applicable international law and shall attract the consequences provided for under such applicable international law.

Is anyone else reminded of "extraordinary rendition" or is it just me? I don’t expect we’ll see an American ratification of this anytime soon.

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