Thursday, February 08, 2007
Moral Compass, Disappeared
Article 1
1. No one shall be subjected to enforced disappearance.
2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for enforced disappearance.
Article 2
For the purposes of this Convention, enforced disappearance is considered to be the
arrest, detention, abduction or any other form of deprivation of liberty committed by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law.
Article 3
Each State Party shall take appropriate measures to investigate acts defined in article 2 committed by persons or groups of persons acting without the authorization, support or acquiescence of the State and to bring those responsible to justice.
Article 4
Each State Party shall take the necessary measures to ensure that enforced disappearance constitutes an offence under its criminal law.
Article 5
The widespread or systematic practice of enforced disappearance constitutes a crime against humanity as defined in applicable international law and shall attract the consequences provided for under such applicable international law.
Human rights treaties are effective moral barometers-- they reveal as much about the states that sign them as they do about the ones that do not. The United States-- along with former rendition partners Great Britain and Italy-- did not sign the treaty. The US, according to UN High Commissioner for Human Rights Louise Arbour, expressed "reservations". U.S. State Department spokesman Sean McCormack added that the text "did not meet our expectations."
More here and here. Full treaty draft here.

Michael Otterman is currently a Visiting Scholar at the Centre for Peace and Conflict Studies at the University of Sydney, as well as an award-winning journalist and filmmaker.