Why enforced disappearances are perpetrated against groups as state policy: overlaps and interconnections between disappearances and genocide
Creators: name: Sarkin, Jeremy
name: Baranowska, Grażyna
Publisher: name: Católica Law Review
Year: 2018

description: This article examines the connection between groups and disappearances. It argues that often those targeted for disappearance are from a group, particularly minority or indigenous groups of some description. The article argues that enforced disappearances are used as a systematic method of oppression in many countries, and that specific groups are particularly affected by this practice. Their different ethnic, cultural and/or linguistic identity and political aspirations are reasons why these groups are viewed as ‘sources of contestation’, which is why they become prime targets for governments. The goals that such groups are often trying to ensure include: greater democratization, ending discrimination against the group, trying to ensure that a specific resource is not taken from the group, or another similar objective. The article further argues that understanding the “group dimension” of enforced disappearances should ensure that more could be done to both prevent and react to disappearances. This is important, since if there is a better understanding that members of a certain minority are at risk of disappearing, they can be better protected. The article also examines the interconnection between enforced disappearances and genocide. It does this partly because in practice these acts target similar persons. While genocide is defined as being perpetrated against specific groups, enforced disappearances are not defined as targeting groups being a necessary aspect of the crime. However, as the article argues, enforced disappearances are often perpetrated against members of specific groups, particularly minorities or indigenous groups. Genocide is a crime that inherently targets groups, even though – as long as there is intent to destroy a group of people in whole or in part – it could consist of killing a single person. While disappearances can be and often take place on a large scale (and may then be classified as crimes against humanity), they are usually considered individually on a case-by-case basis. This research seeks to understand how disappearances are a popular tool for the control and disruption of a subjugated population, and may be the strategy of choice for a government that is unwilling or unable to commit genocide (or crimes against humanity) against such groups. The article argues that state authorities that aim at dissuading specific groups from their goals, or target them for whatever other reason, but do not want to conduct genocide against them, often wage a campaign of disappearances. Thus, rather than wiping out the group the state uses disappearances as a means to intimidate and harass a group, to achieve some specific outcome. In its final section, the article examines what can be done to deal with and try and prevent disappearances aimed specifically at groups. A variety of suggestions are made as to what can be done to prevent such disappearances as well as to how to deal with them when they do occur.
description: Católica Law Review, v. 2 n. 3 (2018): Direito penal