2. No exceptional circumstances whatsoever, whether a state of war or a threat of war,

internal political instability or any other public emergency, may be invoked as a

justification for enforced disappearance.

Article 2

For the purposes of this Convention, “enforced disappearance” is considered to be the arrest, detention, abduction or any other form of deprivation of liberty by agents of the

State or by persons or groups of persons acting with the authorization, support or

acquiescence of the State, followed by a refusal to acknowledge the deprivation of

liberty or by concealment of the fate or whereabouts of the disappeared person, which

place such a person outside the protection of the law.

Article 3

Each State Party shall take appropriate measures to investigate acts defined in article 2

committed by persons or groups of persons acting without the authorization, support

or acquiescence of the State and to bring those responsible to justice.

Article 4

Each State Party shall take the necessary measures to ensure that enforced

disappearance constitutes an offence under its criminal law.

Article 5

The widespread or systematic practice of enforced disappearance constitutes a crime

against humanity as defined in applicable international law and shall attract the

consequences provided for under such applicable international law.

Article 6

1. Each State Party shall take the necessary measures to hold criminally responsible at

least:

(a)Any person who commits, orders, solicits or induces the commission of, attempts

to commit, is an accomplice to or participates in an enforced disappearance;

(b) A superior who:

(i) Knew, or consciously disregarded information which clearly indicated, that

subordinates under his or her effective authority and control were committing

or about to commit a crime of enforced disappearance;

(ii) Exercised effective responsibility for and control over activities which were

concerned with the crime of enforced disappearance; and

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