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Melanie Klinkner

In the aftermath of conflict and gross human rights violations, victims have a right to know what happened to their loved ones. Such a right is compromised if mass graves are not adequately protected to preserve evidence, facilitate identification and repatriation of the dead and enable a full and effective investigation to be conducted. Despite guidelines for investigations of the missing, and legal obligations under international law, it is not expressly clear how these mass graves are best legally protected and by whom. This article asks why, to date, there are no unified mass-grave protection guidelines that could serve as a model for states, authorities or international bodies when faced with gross human rights violations or armed conflicts resulting in mass graves. The paper suggests a practical agenda for working towards a more comprehensive set of legal guidelines to protect mass graves.

Human Remains and Violence: An Interdisciplinary Journal
Open Access (free)
R. A. Melikan

examine international trials for war crimes – what are sometimes referred to as breaches of international humanitarian law – and human rights violations. The twentieth century witnessed the creation of an apparently impressive range of international tribunals with authority to consider such offences: the International Court of Justice, the European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court of Human Rights. All of these, however, adjudicated state responsibility for violations of international law; they did not have

in Domestic and international trials, 1700–2000
Legality and legitimacy
Dominic McGoldrick

contested. This goes to the heart of issues of legality and legitimacy for international trials. For much of its history ‘international criminal law’, if it has existed at all, has been rudimentary, indeterminate, and ineffectual.3 It existed in the nether regions of international humanitarian law, which existed in the nether regions of public international law. A system of ‘international criminal justice’ might be thought to require some consensus on the existence and values of the ‘international community’. The existence of such a community in this sense and its values

in Domestic and international trials, 1700–2000
A twenty-first century trial?
Dominic McGoldrick

Tribunal will write only one chapter, the most bloody one, the most heartbreaking one as well; the chapter of individual responsibility of the perpetrators of serious violations of international humanitarian law. It is up to other courts to make the moral, historical, or even psychological diagnosis of the accused and to analyse the social, economic, and political dynamic which constituted the basic fabric of the crimes that we are going to consider.61 Even accepting her caveat, it is a heavy burden to bear. Notes I am grateful to Steve Wheatley, Steve Cooper, and

in Domestic and international trials, 1700–2000