Others called for references to conspiracy to commit enforced disappearance, and to those responsible for instigating or concealing an enforced disappearance.

(a) The wrongful removal of children who are subjected to enforced disappearance, children whose father, mother or legal guardian is subjected to enforced disappearance or children born during the captivity of a mother subjected to enforced disappearance

No one may be subjected to enforced disappearance.

Determined to prevent enforced disappearances and to combat impunity for the crime of enforced disappearance,

1. No one shall be subjected to enforced disappearance.

(a) Mitigating circumstances, in particular for persons who, having been implicated in the commission of an enforced disappearance, effectively contribute to bringing the disappeared person forward alive or make it possible to clarify cases of enforced disappearance or to identify the perpetrators of an enforced disappearance

(a) Mitigating circumstances, inter alia for persons who, having been implicated in the commission of an enforced disappearance, effectively contribute to bringing the disappeared person forward alive or make it possible to clarify cases of enforced disappearance or to identify the perpetrators of an enforced disappearance

Determined to combat impunity for the crime of enforced disappearance,

International Convention for the Protection of All Persons from Enforced Disappearance

61 177. International Convention for the Protection of All Persons from Enforced Disappearance

(c) Ensure that the urgent need to resolve cases of enforced disappearance is recognized.

(b) To provide the resources needed to update the database on cases of enforced disappearance

(v) Unresolved questions relating to the abduction of foreigners in the form of an enforced disappearance

Article 19 was primarily intended to prevent enforced disappearances, obligating States parties to ensure the proper functioning of services that might otherwise unwittingly abet an enforced disappearance.

(b) Commences from the moment when the offence of enforced disappearance ceases, taking into account its continuous nature.

Each State Party shall make enforced disappearance punishable by appropriate penalties that take into account its extreme seriousness.

(ii) Exercised effective responsibility for and control over activities which were concerned with the crime of enforced disappearance and

(a) Those who commit, instigate, attempt to commit, are accomplices or participate in the commission of an enforced disappearance

(a) To promote and give full effect to the Declaration on the Protection of All Persons against Enforced Disappearance

The suggestion was made to incorporate the idea that enforced disappearance was a grave violation of human rights, in particular of several of the rights set forth in the International Covenant on Civil and Political Rights a reference to enforced disappearance as a crime against humanity was also suggested.

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

Aware of the extreme seriousness of enforced disappearance, which constitutes a crime and, in certain circumstances, a crime against humanity,

No order or instruction from any public authority, civilian, military or other, may be invoked to justify an enforced disappearance.

(b) Commences from the moment when the offence of enforced disappearance ceases and the fate of the disappeared person is established.

Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offence of enforced disappearance

In case of trial, offences of enforced disappearance shall be brought before a competent, independent and impartial court established by law.

1. Acknowledges the adoption by the Human Rights Council of the International Convention for the Protection of All Persons from Enforced Disappearance

Considering the right of any person not to be subjected to enforced disappearance, the right of victims to justice and to reparation,

1. Each State Party shall make the offence of enforced disappearance punishable by appropriate penalties which take into account its extreme seriousness.

2. Each State Party shall guarantee the right of victims of enforced disappearance to an effective remedy during the term of limitation.

1. Each State Party shall take the necessary measures to establish its competence to exercise jurisdiction over the offence of enforced disappearance

Two delegations suggested that a reference to the ongoing nature of the offence of enforced disappearance should be included in paragraph 1.

3. Any person against whom proceedings are brought in connection with an offence of enforced disappearance shall be guaranteed fair treatment at all stages of the proceedings. Any person tried for an offence of enforced disappearance shall benefit from a fair trial before a competent, independent and impartial court or tribunal established by law.

2. No order or instruction from any public authority, civilian, military or other, may be invoked to justify an offence of enforced disappearance.

Affirming the right of victims to know the truth about the circumstances of an enforced disappearance and the fate of the disappeared person,

Several participants felt that the Preamble should contain an explicit reference to the right of everyone not to be subjected to enforced disappearance.

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

Acknowledging the fact that acts of enforced disappearance are crimes against humanity, as defined in the Rome Statute of the International Criminal Court,

Aware of the extreme seriousness of enforced disappearance, which constitutes a crime and, in certain circumstances defined in international law, a crime against humanity,

During the discussions on paragraph 2, one delegation proposed expanding the definition of enforced disappearance given in article 1 to cover non State actors.

Any person regarding whom proceedings are brought in connection with an enforced disappearance shall be guaranteed fair treatment at all stages of the proceedings.

States Parties undertake to include the offence of enforced disappearance as an extraditable offence in every extradition treaty subsequently to be concluded between them.

(a) Any person who commits, orders, solicits or induces the commission of, attempts to commit, is an accomplice to or participates in an enforced disappearance

3. States Parties undertake to include the offence of enforced disappearance as an extraditable offence in any extradition treaty subsequently to be concluded between them.

Report of the Intersessional Open ended Working Group to elaborate a draft legally binding normative instrument for the protection of all persons from enforced disappearance