Defining the Crime of Enforced Disappearance in Conformity with International Criminal Law: a New Frontier for Bangladesh

Enforced disappearance is regarded as a state-sponsored heinous international crime and has recently emerged as a wide-spread issue in Bangladesh. The political opposition is currently the main target of forced disappearances, though apolitical citizens have also been targeted. Most of the incidents...

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Main Author: Md. Raisul Islam Sourav
Format: Article
Language:English
Published: University of Bergen 2015-12-01
Series:Bergen Journal of Criminal Law and Criminal Justice
Online Access:https://boap.uib.no/index.php/BJCLCJ/article/view/909
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spelling doaj-9a14d7fc57ab4ab7b5442e71ef54c8812020-11-24T22:49:08ZengUniversity of BergenBergen Journal of Criminal Law and Criminal Justice1894-41832015-12-013222123510.15845/bjclcj.v3i2.909567Defining the Crime of Enforced Disappearance in Conformity with International Criminal Law: a New Frontier for BangladeshMd. Raisul Islam Sourav0Dhaka International UniversityEnforced disappearance is regarded as a state-sponsored heinous international crime and has recently emerged as a wide-spread issue in Bangladesh. The political opposition is currently the main target of forced disappearances, though apolitical citizens have also been targeted. Most of the incidents are unsolved and law enforcement agencies have repeatedly denied their involvement. Internationally, the UN Convention for the Protection of All Persons from Enforced Disappearance was opened for signature in 2007 and entered into force in 2010. The convention’s purpose is to criminalise enforced disappearances across the world and state parties are under an obligation to take necessary actions to stop their occurrence. Despite the cruel reality of forced disappearances in Bangladesh, no law has of yet been adopted to bring national criminal law in line with the convention. The right to life is nevertheless one of the key fundamental rights guaranteed under the Bangladeshi constitution which may be relevant in this context.  Forced disappearances have a disastrous impact on victim’s family as well as important societal implications. Bangladesh should, in this author’s opinion, ratify the convention and must reform national legislation to bring to an end state-sponsored crime. The scope of the issue may otherwise have tremendous consequences for the whole nation.https://boap.uib.no/index.php/BJCLCJ/article/view/909
collection DOAJ
language English
format Article
sources DOAJ
author Md. Raisul Islam Sourav
spellingShingle Md. Raisul Islam Sourav
Defining the Crime of Enforced Disappearance in Conformity with International Criminal Law: a New Frontier for Bangladesh
Bergen Journal of Criminal Law and Criminal Justice
author_facet Md. Raisul Islam Sourav
author_sort Md. Raisul Islam Sourav
title Defining the Crime of Enforced Disappearance in Conformity with International Criminal Law: a New Frontier for Bangladesh
title_short Defining the Crime of Enforced Disappearance in Conformity with International Criminal Law: a New Frontier for Bangladesh
title_full Defining the Crime of Enforced Disappearance in Conformity with International Criminal Law: a New Frontier for Bangladesh
title_fullStr Defining the Crime of Enforced Disappearance in Conformity with International Criminal Law: a New Frontier for Bangladesh
title_full_unstemmed Defining the Crime of Enforced Disappearance in Conformity with International Criminal Law: a New Frontier for Bangladesh
title_sort defining the crime of enforced disappearance in conformity with international criminal law: a new frontier for bangladesh
publisher University of Bergen
series Bergen Journal of Criminal Law and Criminal Justice
issn 1894-4183
publishDate 2015-12-01
description Enforced disappearance is regarded as a state-sponsored heinous international crime and has recently emerged as a wide-spread issue in Bangladesh. The political opposition is currently the main target of forced disappearances, though apolitical citizens have also been targeted. Most of the incidents are unsolved and law enforcement agencies have repeatedly denied their involvement. Internationally, the UN Convention for the Protection of All Persons from Enforced Disappearance was opened for signature in 2007 and entered into force in 2010. The convention’s purpose is to criminalise enforced disappearances across the world and state parties are under an obligation to take necessary actions to stop their occurrence. Despite the cruel reality of forced disappearances in Bangladesh, no law has of yet been adopted to bring national criminal law in line with the convention. The right to life is nevertheless one of the key fundamental rights guaranteed under the Bangladeshi constitution which may be relevant in this context.  Forced disappearances have a disastrous impact on victim’s family as well as important societal implications. Bangladesh should, in this author’s opinion, ratify the convention and must reform national legislation to bring to an end state-sponsored crime. The scope of the issue may otherwise have tremendous consequences for the whole nation.
url https://boap.uib.no/index.php/BJCLCJ/article/view/909
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