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A Third Category of Enforced Disappearance? The Committee on Enforced Disappearances’ Article 34 Resolution on Mexico

In April 2026, the Committee on Enforced Disappearances (CED) adopted a resolution under Article 34 of the International Convention for the Protection of All Persons from Enforced Disappearance (hereinafter “the Convention”) and urgently brought the matter before the UN General Assembly.  Article 34 empowers the CED to bring a situation to the attention of the UN General Assembly when it receives well-founded indications that enforced disappearance is being practised on a widespread or systematic basis.  A significant aspect of the Resolution is the Committee’s application of what may be described as a third scenario of enforced disappearance: disappearances committed solely by non-State actors as crimes against humanity under Article 5. Although previously recognized by the CED, the Mexico Resolution assessed this scenario in practice for the first time and within the exceptional Article 34 procedure. Mexico rejected this interpretation, arguing that Article 34 is limited to enforced disappearances involving direct or indirect State participation under Article 2.

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