2.8  The International Convention also requires the state party to take all necessary measures to ensure that enforced disappearance constitutes a crime in its national criminal laws by imposing appropriate penalties, which take into account the gravity of this crime, considering that this crime, when committed systematically and on large-scale, becomes a crime against humanity. The Convention confirms that the statute of limitation for such a crime must be long-term and proportionate to its gravity, which should begin at the end of this crime because of its continuing nature. In addition, the State must guarantee the right of victims of this crime to actual remedies during the limitation period. 2.9  With regards to criminal liability, the International Convention obliges the state party to take measures against all those who commit, order, recommend, attempt to commit, or be complicit or co-offender of enforced disappearance crime. The Convention states that no order or instructions issued by any public authority in the state, whether civil or military authority, political instability or any other exception justify the commission of enforced disappearance crime. 2.10 With regards to jurisdiction, the state party is competent to decide on the enforced disappearance crime upon its occurrence in any territory under its jurisdiction or on board aircraft or ships registered therein, as well as when the perpetrator or victim is one of its nationals. In any event, the State party should ensure that the person who committed the enforced disappearance crime is detained or take the necessary legal measures to ensure that he/she remains in its territory and that the criminal case is referred to its competent judicial authorities for prosecution in accordance with national procedures, unless the person is surrendered or transferred to another State, in accordance with its international obligations, or to an international criminal court whose jurisdiction is recognized by the State. 18

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