Volume : 2, Issue : 5, MAY 2016

THE INTERNATIONAL COOPERATION IN COMBATING THE CRIME OF ENFORCED DISAPPEARANCE (COMPARATIVE STUDY)

Prof. Dr. Hassoon Ubead Hajeej, Mazen Khalf Nasser, Mohammad Hassoon Ubead

Abstract

Most countries are seeking to find a kind of cooperation to combat the dangerous crimes. The crime of enforced disappearance is considered one of it. The matter that makes these countries to find a kind of cooperation in combating it.

The international cooperation has a great role in reducing the phenomenon of crime in general and the crime of enforced disappearance in particular because this cooperation contributes in one way or another in finding the most appropriate ways for combating, therefore some international conventions came to stipulate the principle ofcooperation in the area of combating some crimes that have dangerous effects.

Those equity considerations and the requirements of legal logic must contribute to each country in the adoption of legislation to what requires the most appropriate ways to combat crimes and this could constitute the legal basis to the international cooperation. This cooperation embodies in the framework of the international legislations as well as the internal legislations and this came in multiple images all of them contribute in achieving international cooperation to combat the crime of enforced disappearance.

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([75]) The first Article of the Geneva convention for refugees of 1951 defined (the refugee) as “everyone feared that because of the torture viewed of sex or, creed, or membership of a particular social organization or because of his political views and being outside the state to which he belongs to it by his nationality, and he cannot, given the fear and he cannot call for the protection of this state.

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([78])Due to the aforementioned provisions which prohibit extradition to other states where there is a risk of enforced disappearance. The Federal police office did not respond automatically to the international police warnings that is received from other states in the cases where the wanted person faces  risk of falling as a victim of a violation of the rule of law in the form of political persecution or enforceddisappearance, instead, these warnings shall be referred for decision to the competent authorities(office of the federal judiciary, or office of the federal external affairs).Report of Germany,in accordance with paragraph (1)of Article(29) of the international  convention on the Protection from enforced disappearance, paragraph number (93), 2012, p.24.

([79]) The former Iraqi governments have allowed to apply the principle  of non- refoulement in the case of  former members of MKO, who resided inIraqi illegally, and now the Iraqigovernment accuses them of committing  crimes against the Iraqi people, so it has signed a memorandum of understanding whereby the transfer of personnel from camp Ashraf to liberty camp who underwent to the control and inspect of the United Nations mission (umami) including UNHCR, under the supervision of the Iraqi ministry of human rights in preparation for the consideration of asylum requests made by camp residents to settled in another country , Iraqi report submitted in accordance with paragraph (1)of Article( 29 ) of the international  convention of the Protection from enforced disappearance, paragraph number(114),2014,p.36.

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