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Unveiling Shadows: Jus Cogens Imperative to Criminalize Enforced Disappearances in Pakistan.

Authors :
Ali, Muhammad Imran
Source :
Vietnamese Journal of Legal Sciences; Dec2023, Vol. 9 Issue 2, p90-114, 25p
Publication Year :
2023

Abstract

The United Nations, aiming to eradicate enforced disappearance, introduced the International Convention for the Protection of All Persons from Enforced Disappearance (ICPAPED), mandating signatory States to take preventive actions. Enforced disappearance is also deemed a crime against humanity under other international treaties. However, Pakistan has not ratified the ICPAPED, and its national laws lack specific provisions criminalizing enforced disappearance. Additionally, Pakistan is involved in various international treaties that uphold jus cogens, a fundamental principle of international law considered non-derogable. Given this context, the article highlights the misalignment of Pakistan's national laws with the principles of jus cogens and underscores the urgent need for Pakistan to enact specific legislation that criminalizes enforced disappearances in line with international standards. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
27193004
Volume :
9
Issue :
2
Database :
Complementary Index
Journal :
Vietnamese Journal of Legal Sciences
Publication Type :
Academic Journal
Accession number :
174475306
Full Text :
https://doi.org/10.2478/vjls-2023-0011