Blog #13 - Annotated Research 3

Finucane, Brian. "Enforced Disappearance as a Crime Under International Law: A Neglected Origin in the Laws of War." Yale Journal of International Law 35.171 (2009): 171-195. Web. 8 Apr 2011. <http://www.yjil.org/docs/pub/35-1-finucane-enforced-disappearance.pdf>

This article focused on enforced disappearances, particularly done by a government. Most of the article details the Nazi regime (similarly to the drug based articles), and the Night and Fog operation. In the Night and Fog operation, people were forcibly taken away, and presumably killed or detained in a concentration camp until their inevitable death. The detainees had no way of contacting their family to let them know what happened. This led to fear and horror among the families, who never received information about where the person went. The journal article talks about the difference between war crimes and and crimes against humanity, and how the Nuremberg trials classified enforced disappearances as both. Such acts are obviously war crimes in a military situation, because the people are being targeted and not protected in any fashion. The main point is the classification as a crime against humanity due to the mental terror inflicted upon the families. The criminal implications of enforced disappearances outside of military situations was also touched upon, and how there could be individual trials and consequences under those circumstances as well. This relates heavily to Firefly, as the Alliance is trying to kill off River and Simon Tam. Although not quite making them disappear, it is obviously an undercover effort, and has negative consequences when it is exposed. The assassination of the Tam siblings to keep inside information safe is similar to the Nazis using enforced disappearances to quell resistance. The familial implications are mostly lost in the Tam situation though, as it appears they are staying undercover from their parents as is.