the authorization, support or acquiescence of the State and to bring those
responsible to justice.
Article 4
Each State Party shall take the necessary measures to ensure that
enforced disappearance constitutes an offence under its criminal law.
Article 5
The widespread or systematic practice of enforced disappearance
constitutes a crime against humanity as defined in applicable international law
and shall attract the consequences provided for under such applicable
international law.
Article 6
1. Each State Party shall take the necessary measures to hold
criminally responsible at least:
(a) Any person who commits, orders, solicits or induces the commission
of, attempts to commit, is an accomplice to or participates in an enforced
disappearance;
(b)
A superior who:
(i) Knew, or consciously disregarded information which clearly indicated,
that subordinates under his or her effective authority and control were
committing or about to commit a crime of enforced disappearance;
(ii) Exercised effective responsibility for and control over activities which
were concerned with the crime of enforced disappearance; and
(iii) Failed to take all necessary and reasonable measures within his or
her power to prevent or repress the commission of an enforced
disappearance or to submit the matter to the competent authorities for
investigation and prosecution;
(c) Subparagraph (b) above is without prejudice to the higher standards
of responsibility applicable under relevant international law to a military
commander or to a person effectively acting as a military commander.
2. No order or instruction from any public authority, civilian, military or
other, may be invoked to justify an offence of enforced disappearance.
Article 7
1. Each State Party shall make the offence of enforced disappearance
punishable by appropriate penalties which take into account its extreme
seriousness.
2.
Each State Party may establish:
(a) Mitigating circumstances, in particular for persons who, having been
implicated in the commission of an enforced disappearance, effectively
contribute to bringing the disappeared person forward alive or make it possible
to clarify cases of enforced disappearance or to identify the perpetrators of an
enforced disappearance;
(b) Without prejudice to other criminal procedures, aggravating
circumstances, in particular in the event of the death of the disappeared person
or the commission of an enforced disappearance in respect of pregnant
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