Towards Holistic Transnational Protection: An Overview of International Public Law Approaches to Kidnapping
.Denver Journal of International Law & Policy, 2010, N0. 4, pp.: 581-622
2010
This article assesses dilemmas presented by the global phenomenon of kidnapping.
It highlights the challenge presented by failed or semi-failed states, the current
reliance on private actors to provide assistance in the face of non-state violence,
protection gaps in the transnational legalframework, and the pursuit of asylum as
a remedy. It describes the evolution of civil society reclamations for cosmopolitan
justice in past situations of state directed enforced disappearance in the Americas
to current appeals for communitarian justice in non-state actor kidnapping
epidemics. The conclusion calls for innovation in legal institutions and norms
addressing the protection needs of victims, as well as broader strategies to tackle
the root causes of inequality, poverty, and corruption which have enabled
kidnapping to escalate as an industry
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