Skip to main content

Confronting Mexico’s Enforced Disappearance Monsters: How the ICC Can Contribute to the Process of Realizing Criminal Justice Reform in Mexico

Posted by on Thursday, February 9, 2017 in Articles, Blog, Left column, Vol. 50 No. 1, Volume 50, Volumes.

In 2015, the United Nations Committee on Enforced Disappearances released a report on Mexico, concluding that there is a generalized context of disappearances in the country, many of which would meet the legal definition of enforced disappearance. Despite the recurring pattern of mass disappearances throughout the country in the last decade, including the recent disappearance of forty-three students in Iguala, Mexico has not convicted a single person for an enforced disappearance committed after 2006. Equally appalling is the fact that 40 percent of missing person cases in the country never get opened. Mexico has begun a process of reforming its criminal justice system, but a lack of marked progress has largely prevented the country from adequately addressing this impunity.
This Article will argue in favor of pursuing an investigation at the International Criminal Court (ICC). It will demonstrate that, if the Office of the Prosecutor (OTP) were to open a preliminary examination in Mexico, the OTP would likely decide to initiate an investigation, even if enforced disappearance were the only crime considered. It will further argue that pursuing an investigation would likely contribute to Mexico’s reform process through the OTP’s use of positive complementarity, a strategy by which the OTP supplements ongoing domestic criminal proceedings in order to help ensure effective investigations and prosecutions. Not only could the OTP use the threat of opening an investigation to pressure Mexican authorities to enact reform but it could also adopt proactive measures to help accelerate that progress. This Article will propose three innovative measures that the OTP could use in Mexico as part of its positive complementarity strategy to bring Mexico closer to confronting its enforced disappearance monsters.

Tags: , , ,

Leave a Response


ExpressO Top 10 Law Review


ANNOUNCEMENTS

The Journal is pleased to announce its 2018-2019 Board of Editors. View the complete masthead here.

Vanderbilt University Law School Professor Michael A. Newton’s 2016 VJTL Article entitled How the International Criminal Court Threatens Treaty Norms  was cited by the International Criminal Court prosecutor’s November 2017 filing seeking investigation into war crimes in Afghanistan.

May 2018 Issue on the Second Israel Defense Forces International Conference on the Law of Armed Conflict. Read more about the Journal’s May 2018 issue here.

Thank you to everyone who attended the Journal’s 50th Anniversary celebration on October 5, 2017! View photos from the event here and read about the Journal’s history here.

Connect with the Vanderbilt Journal of Transnational Law on LinkedIn.

The Journal is pleased to listed as the #5 International Law Journal by the 2017 Washington and Lee Law Journal Rankings.

The Journal is very excited about the success of our February 2017 Symposium, “Sovereign Conduct on the Margins of the Law.” Read more about our February 2017 Symposium here

Please join us in congratulating the Vanderbilt Journal of Transnational Law 2017-2018 Write-On Competition Winners.

Video is available from the Vanderbilt Journal of Transnational Law’s 2015-2016 SymposiumThis is Not a Drill: Confronting Legal Issues in the Wake of International Disasters. Watch here.