Key Insights and Lessons from The First World Congress on Enforced Disappearances

[Greta Ramelli is an international law jurist specializing in international criminal law, and has worked across governmental and non-governmental sectors]

The first World Congress on Enforced Disappearances (WCED) was held in Geneva on January 15-16. This historic event brought together state representatives, victims, civil society organizations, international bodies, and experts to foster dialogue and strengthen the fight against enforced disappearances. I participated in the event in my capacity as a Legal Officer at Hostage Italia — a non-profit organization that assists victims of hostage-taking, enforced disappearances, and similar crises in navigating the many questions and decisions they face during times of extreme distress and duress. The WCED recently published a comprehensive report on the Congress which summarizes key takeaways. Other participants have published their interesting opinions and reflections on various platforms. Here are some of my insights and lessons that I believe deserve further attention and discussion. 

The Power of Knowledge in Demanding Justice

Events such as the WCED are, in my view, essential to advancing the global protection of human rights—particularly when they center the voices and participation of victims. Involving victims in these events is essential not only to shed light on the profound human impact of enforced disappearances but also to ensure they gain a thorough understanding of the legal avenues available to them and their communities to protect their interests and seek justice. Victims of enforced disappearances and similar events often return home feeling empty and lifeless. Offering them the chance to channel their pain into the pursuit of justice and accountability can help restore hope, self-acceptance, and confidence. By equipping victims with this knowledge, we empower them to take meaningful action—transforming their pain into a driving force for accountability and change. 

This knowledge also allows them to become a vital source of support for other survivors through peer-support mechanisms, which have proven highly effective at Hostage Italia. In essence, survivors are uniquely positioned to help others on the same journey: they understand the emotional triggers, the weight of survival, and the path toward healing in a way that professionals alone often cannot. In these circumstances, survivors often turn to their peers with pressing questions: What can I do to obtain justice? Where do I go? Who can help me? Ensuring that survivors, their communities, and relevant stakeholders are informed about these pathways can significantly strengthen efforts to combat enforced disappearances. 

One critical issue that, in my view, deserves greater attention in efforts to raise awareness about available legal tools is the intersection of international human rights law, international criminal law, and international humanitarian law in addressing enforced disappearances. This grave violation of human rights falls within the purview of all three branches of international law and it is essential for victims and their networks to fully grasp the interplay between these bodies of international law. This understanding empowers victims to navigate the available avenues for justice and accountability effectively. 

Depending on how enforced disappearances are defined and the context in which they occur, different legal instruments and obligations may apply. Equally important is recognizing the unique contributions of the ICPPED in filling gaps in international law by establishing a comprehensive framework dedicated to preventing and punishing enforced disappearances. 

International Human Rights Law

International instruments on human rights, such as the Declaration on the Protection of all Persons from Enforced Disappearances (1992), the International Convention for the Protection of All Persons from Enforced Disappearances (ICPPED) (2010) and the Inter-American Convention on Forced Disappearance of Persons (1996), contain definitions of enforced disappearances that are substantially similar. In all of them, the crime of enforced disappearances is constituted by three cumulative elements: 

1. The person is detained or otherwise deprived of liberty;
2. the deprivation of liberty is carried out by State agents, or by persons or groups of persons acting with their support or acquiescence; and
3. those responsible refuse to acknowledge the detention, or conceal the concerned person’s fate or whereabouts, placing the person outside the protection of the law as this appears to be a confusing topic. 

The second element highlights the state-centric nature of the definition of enforced disappearances in human rights law. It generallyrequires a demonstrable link between the deprivation of liberty and the involvement of state agents or individuals acting with the state’s support, authorization, or acquiescence. As a result, disappearances carried out solely by non-state actors, without any state involvement, typically fall outside the scope of this definition.

International Criminal Law

In certain circumstances, enforced disappearances may constitute crimes against humanity. Article 5 of the ICPPED refers to international law for the definition of enforced disappearances as crimes against humanity. The Rome Statute, the founding treaty of the International Criminal Court (ICC), explicitly identifies enforced disappearances as an underlying act of crimes against humanity. The definition under the Rome Statute differs from those in human rights instruments because it includes:

1. Political organizations as potential perpetrators of the crime, even if they do not act on behalf of, or with the support, consent, or acquiescence of the government, provided they have the capacity to commit widespread or systematic attacks.
2. The intention of removing the victim from the protection of the law for a prolonged period of time is an element of the crime.

Additionally, the contextual elements characterizing crimes against humanity must be fulfilled: the act must be committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack. The Working Group on Enforced or Involuntary Disappearances (WGEID) believes that the definition in Article 7(1) of the Rome Statute now reflects customary international law.

Interestingly, the Rome Statute does not explicitly identify enforced disappearances as an underlying act of genocide or war crimes. However, if the respective contextual elements are fulfilled, enforced disappearances may amount to genocide or war crimes. For example, the act of enforced disappearance may be implicitly incorporated into “causing serious bodily or mental harm to members of the group” as an act of genocide. Uruguay and Argentina have explicitly included enforced disappearances in their respective definitions of genocide, respectively through legislation or case law. 

International Humanitarian Law

Regarding war crimes, which are grave violations of international humanitarian law, it is important to note that international humanitarian law treaties do not explicitly refer to the term “enforced disappearances.” However, enforced disappearances violate prohibitions against other acts, such as torture (see Rule 90), which are recognized  war crimes. As such, enforced disappearances may qualify as criminal conduct under IHL when they entail acts that are independently prosecutable as war crimes. Their prohibition is also widely recognized as a norm of customary international law. Critically, for enforced disappearances to constitute war crimes, they must occur in the context of an armed conflict and meet other contextual requirements established under IHL.

Understanding the definition of enforced disappearances under international law is crucial for identifying the applicable legal framework and using mechanisms for prevention and accountability. While enforced disappearances are criminalized across various branches of international law, the ICPPED specifically addresses cases that may not qualify as war crimes, crimes against humanity, or genocide. As the only universal treaty dedicated exclusively to enforced disappearances, the ICPPED establishes an absolute prohibition of the practice and imposes specific obligations on states in terms of criminal action, preventive measures, remedies, and reparations. Violations by state parties can result in accountability for state-level breaches. Additionally, if enforced disappearances constitute crimes against humanity, genocide, or war crimes, individuals responsible may be prosecuted by the ICC or other judicial bodies.

By fostering awareness of these legal tools, we can enhance the global response to enforced disappearances and strengthen efforts to protect human rights. If people know more about the legal tools applicable to enforced disappearances, they will be able to demand more action from states, human rights and accountability mechanisms. If people have a more nuanced and informed understanding of their rights and the legal avenues available, their demands will be more specific – specific reforms, accountability measures, or reparations that align with international standards. They will also be able to distinguish between superficial efforts and genuine commitments to justice.

International Cooperation to Combat Enforced Disappearances carried out by Organised Criminal Organisations

The WCED highlighted the growing involvement of criminal gangs in enforced disappearances, often with the consent of corrupt state officials. This phenomenon, fueled by the interplay of criminality, corruption, and governance failures, requires increased awareness among states and civil society to address its root causes. Mexico, with over 111,521 reported disappearances, was a central focus during the WCED due to the alarmingly high number of enforced disappearances and the significant representation of victims at the event. Events like the WCED can help bring attention to the nexus between organized crime, state complicity, and enforced disappearances and the role of state cooperation in addressing such crimes.

Since the militarization of public security in 2006, enforced disappearances have significantly increased in Mexico, a trend that has been further exacerbated by widespread corruption and the growing involvement of the military in security operations. The deployment of armed forces to combat organized crime has inadvertently created an environment where state agents, including military personnel and law enforcement, often collaborate with criminal groups, particularly those involved in drug trafficking. This collaboration is driven by personal gain, such as financial incentives or protection, and has led to a deepening culture of impunity. As a result, enforced disappearances have become a tool used by both state and non-state actors, supported by state agents, to silence dissent and maintain control, further undermining human rights and the rule of law in the country.

International cooperation is essential to address the systemic issues enabling enforced disappearances in countries like Mexico, including weak judicial systems, corruption, and inadequate legal frameworks. As emphasized by state representatives during the WCED, even states that do not directly face enforced disappearances within their territories have a responsibility under the ICPPED, to contribute to the global effort to combat this phenomenon by assisting other state parties directly affected by enforced disappearances. Cooperation is especially critical in tackling the cross-border dimensions of enforced disappearances, linked to transnational crimes like human trafficking and drug smuggling. By sharing information, coordinating investigations, and harmonizing legal frameworks, states can dismantle criminal networks and strengthen global prevention mechanisms.

Additionally, through state cooperation, countries can discourage other state parties from adopting crime policies and strategies that, while aimed at combating organized crime, may inadvertently foster the crime of enforced disappearances. Drawing from its extensive experience, Mexico is uniquely positioned to contribute to the global prevention of enforced disappearances by highlighting the risks and consequences of relying on a militarized approach to public security. Over the years, Mexico has demonstrated how deploying armed forces to address internal security challenges—particularly in the fight against organized crime—can unintentionally exacerbate human rights violations, including enforced disappearances. 

State parties to the ICPPED form a community of support based on the principle of mutual legal assistance. Even if enforced disappearances are not occurring within the territory of a state party, that state has a responsibility to take action and support other states directly affected by these violations. The fight against enforced disappearances is universal and global, and every state party plays a crucial role in upholding the collective responsibility to prevent, address, and hold accountable those responsible for such grave human rights violations. 

Enforced Disappearances and Environmental Exploitation 

At the Geneva Conference, where the WCED was held, the corridor leading to the plenary room was lined with hundreds of pictures of individuals who had disappeared—children, women, men, and the elderly. One picture, in particular, moved me deeply: an elderly man, an environmental defender, who had been forcibly abducted and disappeared for years. 

In recent years, a troubling pattern has emerged in which environmental defenders are increasingly at risk of enforced disappearance due to their efforts to protect land, natural resources, and the environment. Indigenous peoples, rural community residents, and members of ethnic and racial minorities are disproportionately targeted by this practice, given that their livelihoods and cultures are deeply tied to their land and environment. These victims often stand up to powerful economic forces, driven by corporate or state interests, which may resort to violence, intimidation, or enforced disappearance to silence opposition to wildlife trafficking, illegal logging, mining, poaching, and land grabbing. These acts of violence are often aimed at disrupting local resistance movements led by political leaders and lawyers who protect the interests of their communities and seek avenues to hold companies and individuals accountable.   

This practice is becoming increasingly common in regions rich in natural resources, where organized criminal groups operate, resource extraction projects are underway, and indigenous communities reside. The surging global demand for minerals like nickel and copper—driven primarily by the EU, US, and China and critical to the green energy transition—is fueling the growth of this phenomenon in developing countries. The Philippines is a striking example. Since 2012, the Philippines has been ranked as the deadliest country in Asia for people protecting land and the environment, with mining linked to a third of all killings documented by Global Witness.

States that do not experience enforced disappearances within their borders should nonetheless closely monitor the activities of their state-owned corporations operating abroad. These corporations may be implicated in the enforced disappearances of individuals opposing the exploitation of natural resources. Evidence suggests that resource exploitation often sparks local resistance, and corporations may resort to illegal measures to suppress such dissent. 

This issue was briefly mentioned during the WCED but warrants greater attention. The United Nations Working Group on Enforced or Involuntary Disappearances (WGEID) has recognized the need for further research on this issue and recently launched a call for contributions to a thematic study focused on enforced disappearances in the context of defending land, natural resources, and the environment to deepen our understanding of such trends, patterns, and contributing factors. Submissions can be found online.

Timely Anticipation and Facilitation of Access to Evidence on Enforced Disappearances

Another crucial and timely issue for ensuring accountability for enforced disappearances is the access to and handling of evidence following the collapse of governments that systematically engage in such practices. The current situation in Syria starkly illustrates how quickly brutal regimes, relying on enforced disappearances to suppress dissent and maintain control, can fall, leaving vital evidence at risk of destruction or mishandling. The collapse of the Syrian regime triggered a chaotic and uncoordinated search by victims desperately seeking information about their loved ones. This disorganized response may compromize critical evidence and undermine future accountability efforts. The loss or contamination of this evidence not only hinders efforts to hold perpetrators accountable but also prevents a thorough understanding of the full scope of the violations committed.

This experience underscores the need for stronger and coordinated frameworks to respond to similar crises in other regions. These frameworks must ensure that societies are prepared to systematically collect, analyze, and preserve key evidence, such as documents related to arrests, detentions, and the remains of the disappeared. Additionally, they should include support for families who, in their anguish and desperation, may inadvertently destroy or overlook crucial evidence while searching for their loved ones. Such preparations are essential for ensuring that, even in the wake of regime collapse, accountability for enforced disappearances can still be pursued and justice can be achieved for the victims.

In conclusion, what victims of enforced disappearances endure is unspeakable—a long-lasting pain that never truly fades. It torments them and their families continuously, infiltrating every aspect of their daily lives, as they are haunted by the uncertainty of their loved ones’ fate. The first WCED underscored the urgent need for global, victim-centered strategies to address this grave human rights violation. It also highlighted areas where more efforts are needed, including bringing in the lived experience of survivors, promoting legal literacy and clarifying legal frameworks, pushing for state cooperation, and adequately addressing emerging risks and threats.