The concluding chapter discusses the findings from the doctrinal and empirical analyses in order to reflect critically on the protective capacity of IHRL vis-à-vis victims of disappearances committed by OCGs, and their relatives. IHRL can be seen as providing some protection to victims of disappearances committed by OCGs, and their relatives, if the determination of state responsibility in such cases acknowledges the complexity of connections between states and OCGs. Nonetheless, approaches to state responsibility for a failure to prevent presently do not allow to fully capture an overall protection failure by the state, which permits disappearances by OCGs to be committed, as illustrated by the Mexican context. The study on Mexico also highlights the limits of thinking about ‘protection’ from a purely legal perspective. Indeed, an over-emphasis on legal approaches can be a ‘trap’ that does not lead to actual change and facilitates denial of responsibility by the state. At the same time, the continued relevance of international legal standards as tools for human rights work indicates a continued need to further explore how a lack of willingness might be incorporated into determining state responsibility for a failure to prevent. The conclusion ends with suggestions for further research in both law and social sciences and a personal reflection by the author.

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Conclusion

  • Lene Guercke

摘要

The concluding chapter discusses the findings from the doctrinal and empirical analyses in order to reflect critically on the protective capacity of IHRL vis-à-vis victims of disappearances committed by OCGs, and their relatives. IHRL can be seen as providing some protection to victims of disappearances committed by OCGs, and their relatives, if the determination of state responsibility in such cases acknowledges the complexity of connections between states and OCGs. Nonetheless, approaches to state responsibility for a failure to prevent presently do not allow to fully capture an overall protection failure by the state, which permits disappearances by OCGs to be committed, as illustrated by the Mexican context. The study on Mexico also highlights the limits of thinking about ‘protection’ from a purely legal perspective. Indeed, an over-emphasis on legal approaches can be a ‘trap’ that does not lead to actual change and facilitates denial of responsibility by the state. At the same time, the continued relevance of international legal standards as tools for human rights work indicates a continued need to further explore how a lack of willingness might be incorporated into determining state responsibility for a failure to prevent. The conclusion ends with suggestions for further research in both law and social sciences and a personal reflection by the author.