Legal analysis of enforced disappearance in international law and Yemen

Enforced disappearance is identified as a grave violation of human rights and dignity, characterized by the deprivation of liberty followed by the refusal to acknowledge the detention or the concealment of the victim's fate or whereabouts. This practice removes individuals from the protection of the law and often leads to further abuses, including torture and inhumane treatment.

Under international law, specifically the 2006 International Convention for the Protection of All Persons from Enforced Disappearance, no exceptional circumstances—such as war, political instability, or internal threats—can be used to justify this crime. When practiced on a widespread or systematic scale, enforced disappearance is classified as a crime against humanity under the Rome Statute of the International Criminal Court.

Although Yemen is not a party to the 2006 Convention, legal experts note that the country remains bound by the International Covenant on Civil and Political Rights, which protects the right to life, liberty, and personal security. The practice also inflicts profound suffering on the families of victims, who are denied the right to know the fate of their loved ones.