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Posts tagged transnational justice
Searching for the Disappeared in Transitional Justice Settings: Norms, Context, and Shifting Priorities

By Cath Collins

This article considers historic and recent approaches to disappearance in transitional justice settings, identifying search, identification and restitution as a uniquely persistent cluster of needs and rights adhering after periods of past political violence. It examines how international and regional norm development, transitional justice dynamics, and needs on the ground have combined to elicit reinvigorated state action over unresolved disappearances in post-authoritarian and post-internal armed conflict Latin America. Dedicated state search offices are considered among various possible responses, but the continued importance of judicial and ‘resistant’ (victim-driven) search is underlined. The ‘forensic turn’ in human rights practice is examined, and aspects of its subsequent evolution – including the proliferation of non-state forensic teams – identified as a potential source of decoupling between the truth and reparations promise of search and identification, and justice imperatives.

The article examines upload and download between present-day search configurations, originating contexts and overarching norms, focusing on search principles adopted by the United Nations in 2019. It suggests that a transitional justice perspective can help assess whether and when apparently divergent or noncompliant approaches should be deemed acceptable – for example, where the fate of the disappeared may be knowable, but they may not be recoverable, or where the passage of time has rendered perpetrator prosecutions a virtual chimera. Finally, the case of Chile’s recent (2023) search office design is used to consider the interplay between norms and country-level diagnostics in creating workable search plans that complement (but without displacing) other important aspects of the struggle against disappearance.

Journal of Disappearance Studies1(1), 115-138. Retrieved Oct 6, 2025,

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Enforced Disappearances in International Human Rights Law: Definitions, Violations and Remedies

By Nikolas Kyriacou

Enforced disappearance is a severe human rights violation with historical roots and global prevalence, perpetrated by state and non-state actors, leaving victims and families in a state of uncertainty. This article explores its legal dimensions in international human rights law. While definitions vary slightly across instruments, a core definition has emerged from the UN Declaration on the Protection of all Persons from Enforced Disappearance, the Inter-American Convention, the Rome Statute and the International Convention for the Protection of All Persons from Enforced Disappearance. Key elements include deprivation of liberty, state involvement or acquiescence, and state refusal to acknowledge the person’s fate, placing them outside of any legal protection.

Enforced disappearance is characterized as a multiple human rights violation. It inherently violates the right to liberty and security, and can involve the right not to be subjected to torture. It also frequently serves as a precursor to violations of the right to life. International human rights mechanisms have addressed these violations through various remedies. While the monetary compensation offered by the European Court of Human Rights (ECtHR) is noted as inconsistent and opaque, the Inter-American Court of Human Rights (IACtHR) has developed a broader system including monetary and diverse non-monetary measures, emphasizing the duty to investigate and the right to truth. The 2007 International Convention for the Protection of All Persons from Enforced Disappearance (CPED) offers the most comprehensive framework, explicitly recognizing the rights to justice and reparation, which includes compensation, restitution, rehabilitation, satisfaction and guarantees of non-repetition. Despite these advancements, challenges in implementation and enforcement persist, highlighting the ongoing need for global commitment to end impunity and ensure justice.

Journal of Disappearance Studies, v. 1, 2025.

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Book of the Disappeared:The Quest for Transnational Justice

By Jennifer Heath and Ashraf Zahedi

Book of the Disappeared confronts worldwide human rights violations of enforced disappearance and genocide and explores the global quest for justice with forceful, outstanding contributions by respected scholars, expert practitioners, and provocative contemporary artists. This profoundly humane book spotlights our historic inhumanity while offering insights for survival and transformation.

Ann Arbor, MI: University of Michigan Press, 2023. 369p.

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