Abduction

Abduction: 2011 Hague Abduction Convention Compliance Report in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): In April 2011, the Department of State submitted to Congress its Report on Compliance with the Hague Convention on the Civil Aspects of International Child Abduction (“Convention”) pursuant to 42 U.S.C. § 11611. The report evaluated compliance by treaty partner countries with the Convention. The Convention provides a legal framework for securing the prompt return of wrongfully removed or retained children to the country of their habitual residence where a competent court can make decisions on issues of custody and the child's “best interests.” The compliance report identifies the Department's concerns about those countries in which implementation of the Convention is incomplete or in which a particular country's executive, judicial, or law enforcement authorities do not appropriately undertake their obligations under the Convention. The 2011 report, covering the period October 1, 2009, through December 31, 2010, identified St. Kitts and Nevis as “Not Compliant with the Convention” and named Bermuda, Brazil, Bulgaria, Burkina Faso, Honduras, Mexico, and the Bahamas as states demonstrating “Patterns of Noncompliance.” The report is available at (internet link) travel.state.gov/pdf/2011HagueComplianceReport.pdf.

Abduction

The Hague Convention on the Civil Aspects of International Child Abduction

of 25 October 1980 ( 1343 U.N.T.S. 97 ) does not defi ne abduction but refers, instead, to the

wrongful removal or retention of a child which occurs where such removal or retention is

'in breach of rights of custody [actually exercised] attributed to a person, an institution or

any other body, either jointly or alone, under the law of the State in which the child was

habitually resident immediately before the removal or retention': art. 3. The Convention

seeks to promote cooperation amongst States parties in order to ensure the prompt return

of abducted children: art. 7. Criminal liability is a matter for the criminal authorities in the

territory where the abduction takes place and is not the subject of any direct multilateral

action, but may form the basis of judicial cooperation in criminal matters. See also disappearances

; hostage(s) .[1]

Abduction: 2011 Hague Abduction Convention Compliance Report

In relation to the international law practice and Abduction: 2011 Hague Abduction Convention Compliance Report in this world legal Encyclopedia, please see the following section:

International Criminal Law

About this subject:

International, Hybrid, and Other Tribunals

Description of Abduction

In this reference work, abduction is a sort of the Criminal law category.

Abduction

Resources

See Also

• Consular Assistence
• Judicial Assistece
• Children

Resources

See Also

• Alienation of affections
• Kidnapping

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See Also

Resources

Notes

1. The entry “abduction” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press