Enforced disappearance as crime against humanity in Rome Statute

The paper deals with enforced disappearance as a crime against humanity in the Rome Statute, as a source of law which precisely defines enforced disappearance for the first time. The author analyzes some particularities concerning the actus reus of this crime which contains two acts or two "sta...

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Main Author: Ševo Olivera
Format: Article
Language:English
Published: University of Belgrade - Faculty of Law, Belgrade & Institute of Comparative Law, Belgrade 2019-01-01
Series:Crimen (Beograd)
Subjects:
Online Access:https://scindeks-clanci.ceon.rs/data/pdf/2217-219X/2019/2217-219X1902144Q.pdf
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author Ševo Olivera
author_facet Ševo Olivera
author_sort Ševo Olivera
collection DOAJ
description The paper deals with enforced disappearance as a crime against humanity in the Rome Statute, as a source of law which precisely defines enforced disappearance for the first time. The author analyzes some particularities concerning the actus reus of this crime which contains two acts or two "stages", subjective element which is twofold, participation of the state or a political organization in the crime as a very important element of this crime, but also crime against humanity's common elements which need to be met for existence of this crime. The paper also contains analyze of the International Criminal Court's temporal jurisdiction because of its specificity concerning this crime. The author is giving a review of this crime elements and trying to point out eventual problems in further practice as well as potentially very extensive interpretation which can be found in literature.
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spelling doaj.art-234bca306b024d9f81b26068017b5a342022-12-22T02:05:09ZengUniversity of Belgrade - Faculty of Law, Belgrade & Institute of Comparative Law, BelgradeCrimen (Beograd)2217-219X2683-58002019-01-011021441552217-219X1902144QEnforced disappearance as crime against humanity in Rome StatuteŠevo Olivera0Pravni fakultet Univerziteta u Banjoj Luci, Republika SrpskaThe paper deals with enforced disappearance as a crime against humanity in the Rome Statute, as a source of law which precisely defines enforced disappearance for the first time. The author analyzes some particularities concerning the actus reus of this crime which contains two acts or two "stages", subjective element which is twofold, participation of the state or a political organization in the crime as a very important element of this crime, but also crime against humanity's common elements which need to be met for existence of this crime. The paper also contains analyze of the International Criminal Court's temporal jurisdiction because of its specificity concerning this crime. The author is giving a review of this crime elements and trying to point out eventual problems in further practice as well as potentially very extensive interpretation which can be found in literature.https://scindeks-clanci.ceon.rs/data/pdf/2217-219X/2019/2217-219X1902144Q.pdfenforced disappearancecrime against humanity
spellingShingle Ševo Olivera
Enforced disappearance as crime against humanity in Rome Statute
Crimen (Beograd)
enforced disappearance
crime against humanity
title Enforced disappearance as crime against humanity in Rome Statute
title_full Enforced disappearance as crime against humanity in Rome Statute
title_fullStr Enforced disappearance as crime against humanity in Rome Statute
title_full_unstemmed Enforced disappearance as crime against humanity in Rome Statute
title_short Enforced disappearance as crime against humanity in Rome Statute
title_sort enforced disappearance as crime against humanity in rome statute
topic enforced disappearance
crime against humanity
url https://scindeks-clanci.ceon.rs/data/pdf/2217-219X/2019/2217-219X1902144Q.pdf
work_keys_str_mv AT sevoolivera enforceddisappearanceascrimeagainsthumanityinromestatute