This PhD thesis explores the crime of enforced disappearance. After providing an overview of the transition from the prohibition to the criminalisation of enforced disappearance in international law, the thesis identifies the most controversial element of the crime. Having identified the relevant element – namely, the refusal to acknowledge the deprivation of liberty or the concealment of the fate or whereabouts of the disappeared person – the thesis addresses one of the most challenging associated questions: does a failure to act fulfil this element? The thesis analyses what this element entails through the lens of omission liability, specifically with regard to sources of the duty to act. Ultimately, the thesis addresses the issue of the continuity of enforced disappearance, demonstrating, among other things, that the cease of the aforementioned refusal or concealment is often considered essential for bringing the crime to an end. However, the thesis also questions what else could be considered determinative for its cessation and highlights the difficulties associated with this question when various perpetrators are involved in enforced disappearance and wish to end the crime at different times. The thesis demonstrates that a profound understanding of the relevant national and international law, the context in which enforced disappearance arose, its different modalities and the specific harm it causes is essential when approaching the offence.
