The search for missing persons: Comparative analysis of the incorporation of international standards into national search plans implemented in Latin American countries

Abstract

The search for missing persons requires the implementation of national plans that integrate a combined judicial and humanitarian approach. This article examines how national search plans in Colombia, Chile, Mexico and Peru have incorporated international standards on the search, exhumation, recovery, protection, identification, and restitution of human remains of missing persons and victims of enforced disappearance. Through a comparative analysis between the search plans and international humanitarian and human rights law instruments, common elements in the regulation of these matters are identified. The research reveals that the national normative frameworks of the search plans incorporate international standards in a detailed and precise manner, but the effective implementation of these standards in practice is problematic. The study concludes that, despite normative advances, significant challenges remain in the search for and recovery of victims of enforced disappearance, requiring a renewed commitment by States to comply with their international obligations. By addressing these critical issues, the article not only contributes to the academic debate, but also invites attention to the need to imagine new interdisciplinary strategies aimed at improving the efficiency and effectiveness of efforts to search for victims of enforced disappearance in diverse transitional contexts.