Bringing Perpetrators of Enforced Disappearances to Justice: In the Shoes of the Prosecutors

The aim of the thesis is to clarify elements of the crime of enforced disappearance. On the one hand, this would increase the chances to have more prosecutions; on the other hand, it would help to understand why the few prosecutions that have been carried out so far have not been successful. As a crime that always requires the involvement of multiple perpetrators who are temporarily and spatially displaced, the thesis aims to assess the possible forms of criminal liability for the persons involved. Specifically, the thesis explores which modes of liability could be applicable and how to apply certain criminal law principles (for instance the principles of legality and non-retroactivity) to perpetrators involved at different stages of an enforced disappearance. In this sense, the ultimate objective of the PhD research is to assist investigative authorities in investigating and prosecuting this crime and beyond, e.g. when confronted with offences with a characteristic of collective criminality.