The Challenge of Combating Impunity in Extrajudicial Executions and Enforced Disappearances Through Judicial Interpretation and Application of International Human Rights Law

Abstract

Considered as a plague afflicting humanity, enforced disappearances and extrajudicial executions are both outlawed under international human rights law and international humanitarian law. This paper presents treaty provisions under both international law regimes to show the existing principles, norms, and standards applicable to enforced disappearances and extrajudicial executions. This report shows who and how may perpetrators be held liable for committing these abominable crimes. Relevant jurisprudence are presented to show how the doctrines of command responsibility and common purpose can be made to apply to the officers and personnel of the police and armed forces who ordered, planned, and actually carried out enforced disappearances and extrajudicial executions. Treaty provisions are also presented to show that the scourge of enforced disappearances can be considered, under certain circumstances, as a crime against humanity. This paper discusses the state obligation to investigate, prosecute, and punish the perpetrators, provide effective remedies to victims, and prevent the recurrence of enforced disappearances. Due to impunity, state actors are able to undermine the rule of law through their perpetuation of enforced disappearances and extrajudicial executions on a national scale. The systematic and widespread perpetration of extrajudicial executions and enforced disappearances in various parts of the country indicates that the perpetrators are committing these crimes in pursuance of a plan, policy, or scheme formulated and directed by high-ranking officials. The wide scale commission of enforced disappearances and extrajudicial executions can make the perpetrators liable for crimes against humanity. Breaking down the wall of impunity poses an enormous challenge to the courts and other stakeholders. Multifaceted and multilevel initiatives and responses in national and international levels, especially in the preventive aspect, needed to be carried out. The Philippine executive, judicial, and legislative departments need to muster a strong political will to investigate, prosecute, and punish the perpetrators of enforced disappearances and extrajudicial executions.