THE LEGAL ANALYSIS ON THE APPLICABILITY OF LAWS PROTECTING CHILD FROM ABDUCTION UNDER INTERNATIONAL LAW

Abstract

The study aimed at analyzing legally international law with regard to the child abduction. The specific objectives of this study were: To analyze the international conventions and legal instruments established to overcome the problem of child abduction; to find out the challenges facing the implementation of the law protecting child abduction under international law; to analyze the legal mechanisms to challenges facing the implementation of the law protecting child abduction under international law. Different techniques were used in currying out this study namely: documentary technique; the comparative method; exegetic method; analytic method and synthetic method. Concerning the challenges facing the implementation of the law protecting child abduction under international law are: lack of sufficient funds, difficulties related to the implementation of international law in domestic legal system, Judges’ inexperience in handling international abduction cases, Inadequate response by law enforcement agencies. Political will under international stage and negligence of some states. Concerning the legal and institutional mechanisms to challenges facing the implementation of the law protecting child abduction under international law: Take abduction prevention seriously; Listen, seek to understand, and do not make biased judgments; Provide information to and educate other practitioners; Promptly enter children in NCIC and investigate their whereabouts; Coordinate case efforts with law enforcement and other agencies; Facilitate community-based education and prevention; Act as State contact for the U.S. Central Authority in Hague Convention cases. It is very important for the prosecuting attorney and the investigator to strategize on child abduction cases; Time is of the essence in abduction cases. Law enforcement personnel, judges, members of the bar, and the public need to be educated about parental abduction; Law enforcement should act immediately to prevent removal of the child from the country and should use all available government resources toward that end. The following recommendations were proposed: There a need to continuous efforts to increase the number of countries that are party to the Hague Convention on the Civil Aspects of International Child Abduction. Especially in Africa; Make efforts to recruit foreign diplomatic personnel from embassies in country to serve on an informal “working group” committed to overcoming barriers that prevent resolution of international abduction cases.