Conclusions under chapter 1

In end of the present chapter of dissertational research it is necessary to formulate a number of the basic conclusions.

First, now the problem of strengthening of struggle against certificates of violent disappearances has the raised urgency both at international legal level, and at level of the national legislation.

Along with international legal interstate mechanisms of struggle against the specified wrongful acts are claimed also. The problem of violent disappearances is staticized at present. As one of factors of such actualisation, in our opinion, it is possible to name coming into force of the International convention about

Violent disappearances (December, 2010).

Secondly, the originality of certificates of violent disappearances, according to the author of dissertation, consists that they are made till now not only representatives of the state or private persons with support of the first, but also members of "guerrilla movements╗ and źsemimilitary groups╗, combating the government. Besides, frequently similar crimes - a handwork of representatives of the organised criminal groups connected with narcobusiness (in particular, it finds in the most expressed kind the display in the Latin American countries).

As existing practice of bodies of the Interamerican system of protection of human rights, in overwhelming majority of the states of Latin America on the basis of the static data given by Working group of the United Nations on violent and not voluntary disappearances in 2015 shows, people disappeared because of deliberate counteractions of other persons, first of all, concerning the state authorities more often.

Thirdly, the international tools of protection of the human person consider violent disappearances as a crime which is in źa zone of exclusive responsibility╗ the states. However the given opinion has received revaluation from the International criminal court which, according to item 7 of the Roman statute, considers possible to make responsible for such crime on persons, is illegitimate belonging to political groups and operating independently.

Fourthly, on the basis of the analysis of the basic international universal documents in sphere of protection of all persons from violent disappearances the author has come to the important conclusion, that acceptance by General Assembly of the United Nations of the International convention for protection of all persons against violent disappearances had on December, 20th, 2006 proryvnoj character. Moreover, the named Convention was a sound basis for development of universal legal criteria of this extremely negative social phenomenon, which (under certain circumstances) can be qualified as a crime against humanity.

Fifthly, it is quite possible to say that in the present dissertational research the main role of the Interamerican System of protection of human rights in formation and development universal and regional systems of struggle against violent disappearances in quality concerning independent sphere of regulation of international law of human rights is scientifically proved.

Sixthly, by the author the contribution of the Interamerican System of protection of human rights to business of qualification of violent disappearances as independent structure within the limits of a crime against the humanity, the International criminal court of 1998 reflected in the Roman statute and the International convention for protection of all persons against violent disappearances of 2006 is shown.

Seventhly, it is necessary to specify in specificity of international legal bases of struggle against certificates of violent disappearances. The given specificity, in our opinion, consists that such bases consist, first of all, from base principles and norms of modern international law in sphere of protection of human rights. At the same time, they integrate into themselves the body of rules, fixed in international (universal and regional) documents in the field of protection of all persons against violent disappearances, and also norm international humanitarian and criminal law.




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A source: Galarza Kuezada Pedro Maurisio. STRUGGLE Against VIOLENT DISAPPEARANCES Within the limits of the INTERAMERICAN SYSTEM of PROTECTION OF HUMAN RIGHTS. The DISSERTATION on competition of a scientific degree of the master of laws. Moscow -. 2016

More on topic Conclusions under chapter 1:

  1. Conclusions under chapter 2
  2. Conclusions under Chapter 1.
  3. Conclusions under chapter 2
  4. Conclusions under the chapter II
  6. Conclusions on chapter 1
  8. Conclusions under chapter 1
  9. Conclusions under chapter 2
  10. Conclusions on the third chapter
  11. Conclusions under chapter 3
  13. Conclusions under chapter 2
  14. Conclusions under chapter 3
  15. Conclusions under chapter 1
  16. Conclusions under the First chapter
  17. Conclusions on the fourth chapter
  18. Conclusions to the Chapter I