UN Experts Call for Global Use of Universal Jurisdiction to Combat Enforced Disappearances

“Impunity remains rampant. It is now more necessary than ever for States to double their efforts in holding perpetrators to account,” Citroni said.

The United Nations Working Group on Enforced or Involuntary Disappearances has called on governments worldwide to strengthen the use of universal criminal jurisdiction to ensure accountability for enforced disappearances — a crime that continues to rise in many regions despite decades of advocacy and international legal developments.

Presenting the findings of a new UN study to the Third Committee of the 80th Session of the UN General Assembly, the Working Group’s Chair-Rapporteur, Gabriella Citroni, warned that impunity for perpetrators remains widespread and that stronger, victim-centred legal mechanisms are urgently needed.

“Impunity remains rampant. It is now more necessary than ever for States to double their efforts in holding perpetrators to account,” Citroni said.

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Universal Jurisdiction: A Legal Weapon Against Impunity

Under international law, universal jurisdiction allows any State to prosecute serious crimes — such as genocide, war crimes, crimes against humanity, torture, and enforced disappearance — regardless of where the crime was committed or the nationality of the perpetrator or victims.

This principle is rooted in the concept of aut dedere aut judicare (“extradite or prosecute”), which obligates States to either try an alleged offender found in their territory or extradite them to another jurisdiction willing to do so.

“The correct application of these principles constitutes a bulwark against impunity and leaves no safe haven for perpetrators of enforced disappearance,” Citroni explained.

Universal jurisdiction, therefore, represents one of the few legal mechanisms capable of overcoming domestic inaction or political obstruction in countries where justice systems fail to prosecute powerful actors or state agents responsible for disappearances.

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Gaps in Domestic Legislation and Application

While a growing number of countries have incorporated universal jurisdiction into their national legal systems, the Working Group found that actual prosecutions for enforced disappearances remain rare.

The report identified several systemic deficiencies:

• In many States, enforced disappearance is not codified as a distinct criminal offense, making prosecutions difficult or impossible.

• National laws often impose restrictive conditions on the exercise of universal jurisdiction, such as requiring the presence of the suspect on national soil or recognizing immunities for state officials, which obstruct justice.

• Many judicial systems lack specialized investigative units or prosecutors with expertise in international crimes.

Citroni stressed that to make universal jurisdiction effective, structural reforms are needed. These include the creation of specialized institutions, the strengthening of contextual and structural investigations, and enhanced international cooperation through mutual legal assistance treaties (MLATs) and regional coordination mechanisms.

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Ensuring Victims’ Participation and Protection

Beyond legal reforms, the Working Group highlighted serious gaps in victim and witness participation. Many countries still fail to provide safe, regular, and dignified access for victims and civil society representatives to engage in judicial processes.

“Specific legislative measures from States are required, as well as the allocation of adequate financial, technical, and human resources,” Citroni noted.

The study calls for victim-centred justice frameworks that prioritize truth, reparation, and guarantees of non-repetition. This includes psychosocial support for victims, protection programs for witnesses, and access to legal representation throughout proceedings.

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Enforced Disappearances: A Growing Global Concern

Enforced disappearance — defined as the arrest, detention, abduction, or any form of deprivation of liberty by agents of the State or with their authorization, followed by a refusal to acknowledge the act or disclose the fate or whereabouts of the person — remains one of the most severe violations of human rights.

The Working Group continues to receive hundreds of new cases annually from regions including Latin America, Asia, the Middle East, and Africa. Many involve human rights defenders, journalists, and political opponents.

Although the International Convention for the Protection of All Persons from Enforced Disappearance entered into force in 2010, dozens of countries have yet to ratify it, and enforcement mechanisms remain weak.

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A Call for Global Commitment

Citroni concluded by urging all UN Member States to take concrete steps to operationalize universal jurisdiction as part of a broader global strategy for justice:

“Universal jurisdiction can be an extremely powerful tool to hold perpetrators of enforced disappearance accountable. But to live up to its potential it requires genuine engagement and the adoption of specific measures by all Member States. The study aims at providing a roadmap to this end.”

The Working Group’s study not only provides policy guidance but also represents a renewed appeal to the international community to close the accountability gap that has long allowed enforced disappearances to persist with impunity.

By reaffirming the universality of justice and the right of victims to truth and reparation, the UN experts underscore that no perpetrator should be beyond the reach of the law — and no victim beyond the reach of justice.