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.
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