Enforced Disappearance and Arbitrary Detention

Remedying International Law and Institutions
Erscheinungsjahr 2026
ISBN: 978-3-032-37276-5
Verlag: Springer Nature Switzerland AG

Buch, Englisch, 320 Seiten, Format (B × H): 155 mm x 235 mm

This innovative deeply researched book, critically examines the failures of international law in addressing severe human rights violations, particularly enforced disappearances and arbitrary detentions. This book argues that international law in a variety of areas, is ineffective and in need of reform. Through the lens of enforced disappearances and arbitrary detentions in international law, the book explores the weaknesses of the state-centric human rights system, emphasizing that states—often the primary violators—are responsible for ensuring compliance and enforcement. The book first examines the recent scourge of enforced disappearances and arbitrary detentions in a number of states, particularly those that have occurred transnationally. Through a detailed analysis of comparative state practice, including rising rates of transnational repression, the book highlights systemic deficiencies and later proposes various reforms to strengthen global human rights protection. The book advocates for an integrated approach, merging international humanitarian law, human rights law, and international criminal law to enhance enforcement and accountability. The book reviews why using an integrated approach to tackling violations will result in far better protections, arguing that abandoning a silo approach to international law and applying international human rights law and international humanitarian law together, especially in the context of international criminal law, will yield far better results. How greater integration can be achieved in theory, is examined. Also reviewed, are how international bodies that work on arbitrary detentions and enforced disappearances, do so in practice. The key challenge that is taken up is how international law can be improved to ensure that the worst violators can be made to comply with international law. For that reason, a series of recommendations are made in the conclusion about what can be done to remedy the deficiencies noted throughout the book. The book argues that much needs to be done to reform international law as well as the processes and mechanisms that provide oversight and accountability.

Zielgruppe

Research

Autoren/Hrsg.

Sarkin, Jeremy Julian

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Kriegsrecht, Territorialrecht, Humanitäres Recht
• Sozialwissenschaften Politikwissenschaft Politische Kultur Menschenrechte, Bürgerrechte
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Strafrecht, Internationales Verfahrensrecht

Inhaltsverzeichnis

Introduction.- Arbitrary detentions and enforced disappearances in the modern era.- The overlap between enforced disappearances and arbitrary detentions.- Enforced Disappearances in International Law.- Arbitrary detentions.- Integrating the use of international human rights law and international humanitarian law to promote a more effective international law and processes.- Conclusion and Recommendations.

Über Autor(innen)

Professor Dr Jeremy Julian Sarkin is a Senior Research Fellow at the University of London and an Extraordinary Professor of Law at the University of Pretoria. He is admitted to practice as an attorney in New York and South Africa. He has served as an acting judge in the High Court in South Africa. He served as Chairperson-Rapporteur of the United Nations Working Group on Enforced or Involuntary Disappearances for three years and member of the Group for six years. He is member of 23 journal editorial boards, published 22 books and more than 350 articles and book chapters.