Practice Relating to Rule 98. Enforced Disappearance
Canada’s Crimes against Humanity and War Crimes Act (2000) provides that the crimes against humanity defined in Article 7 of the 1998 ICC Statute are “crimes according to customary international law” and, as such, indictable offences under the Act.
In 2013, in the Sapkota case, Canada’s Federal Court dismissed a request for review of a decision denying refugee protection to the applicant on grounds of complicity in crimes against humanity in Nepal between 1991 and 2009. While reviewing the submissions of the Respondent, Canada’s Minister of Citizenship and Immigration, the Court stated:
The Respondent notes that the Rome Statute of the International Criminal Court
… also lists enforced disappearance of persons as a crime against humanity and that this statute is endorsed in Canada as a source of customary law.
In 2005, in a statement before the UN Commission on Human Rights on the human rights situation in Sudan, made on behalf of Canada, Australia and New Zealand, the representative of Canada stated: “To our dismay, serious abuses of human rights and international humanitarian law have become common place in Darfur, including … forced disappearances”.