유엔 인권조약의 이행 감시 체계와 강제실종방지협약

This article focuses on systematizing and introducing the international implementation monitoring process adopted by International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), and aims to show how each treaties in the UN human rights treaty system has its independent sphere delimited by the principle of treaty relativity, but also evolves and converges within the system. It will also explain how the Convention reflects attempts to reform the human rights treaty system and the extent to which they have become entrenched. At the time of the adoption of the Convention for the Protection of All Persons from Enforced Disappearance, the existence of the Committee was uncertain. However, after a proposal to unify the treaty bodies failed and the need for an independent treaty committee was recognized, its existence was confirmed. Given the unique nature of the Convention and the need for gender mainstreaming within the United Nations, the Committee's composition reflected both legal expertise and gender representation. Although the Committee started from a fragile position, its work over the past decade or so has allowed it to catch up with other human rights treaty bodies in terms of capacity, as it has worked to build a solid foundation for its work and utilize the Convention's implementation monitoring system. The ICPPED has filled a gap in the UN human rights system and created a unique and irreplaceable strategy and tool to protect human rights against enforced disappearances. In establishing the Committee's monitoring process, the Convention broadly modeled its procedures after those of other treaty bodies and institutionalized all the usual functions, including state reporting, individual communications, inter-state communications, and visits, along with new functions not found in other treaty bodies, such as urgent action and referral to the UN General Assembly. The monitoring process of the Committee on Enforced Disappearances has not only sought to develop procedurally through cross-referencing within the UN human rights treaty system, but also through cross-referencing beyond the human rights treaty system to the UN Charter system. As the Committee has proven itself over the past decade, it is expected to continue to utilize and develop the full range of procedures granted by the Convention to achieve its objective “for the all persons from enforced disappearance.”