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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
Jeremy Sarkin

This article examines the ways in which missing persons have been dealt with, mainly in the former Yugoslavia, to show how the huge advances made in the search for, recovery and identification of those who disappeared is positively impacting on the ability of families to find their loved ones. The article surveys the advances made in dealing with the missing on a range of fronts, including the technical and forensic capacities. It examines some of the other developments that have occurred around the world with regard to the search for, recovery and identification of people and makes recommendations on how to make improvements to ensure that the rights of families around the world, as well as a range of other human rights, including truth and justice, are enhanced.

Human Remains and Violence: An Interdisciplinary Journal
Marco Aurelio Guimarães, Raffaela Arrabaça Francisco, Martin Evison, Edna Sadayo Miazato Iwamura, Carlos Eduardo Palhares Machado, Ricardo Henrique Alves da Silva, Maria Eliana Castro Pinheiro, Diva Santana, and Julie Alvina Guss Patrício

Exhumation may be defined as the legally sanctioned excavation and recovery of the remains of lawfully buried or – occasionally – cremated individuals, as distinct from forensic excavations of clandestinely buried remains conducted as part of a criminal investigation and from unlawful disinterment of human remains, commonly referred to as bodysnatching. The aim of this article is to review the role of exhumation – so defined – in the activities of CEMEL, the Medico-Legal Centre of the Ribeirão Preto Medical School-University of São Paulo, in international, regional and local collaborations. Exhumations form part of routine forensic anthropology casework; scientific research in physical and forensic anthropology; and forensic casework conducted in collaboration with the Brazilian Federal Police; and are carried out as part of humanitarian investigations into deaths associated with the civil–military dictatorship of 1964 to 1985. This article aims to offer a non-technical summary – with reference to international comparative information – of the role of exhumation in investigative and scientific work and to discuss developments in their historical and political context.

Human Remains and Violence: An Interdisciplinary Journal
Clara Duterme

Established during the Guatemalan Peace Process, the Oslo Accord contemplates the question of compensating the victims of internal armed conflict. Not only was this accord founded on the principles of victims rights, but it also intends to contribute to the democratic reconstruction of Guatemalan society through a process of recognition of victims status and memory – intended to have a reconciling function. The article focuses on the work of two organisations implementing the Oslo Accord and aims to analyse the discourses and practices of the local actors and their perception of the application of victims rights. Civil society actors and members of the National Compensation Programme demonstrate different approaches both in practical work and in representations of what is right. However, revendication of local cultural values is present in all actors discourse, revealing their ambiguous position in regard to state government.

Human Remains and Violence: An Interdisciplinary Journal
Suhad Daher-Nashif

This article aims to shed light on the post-mortem practices for Palestinian dead bodies when there is suspicion of human rights violations by Israeli military forces. By focusing on the case of Omran Abu Hamdieh from Al-Khalil (Hebron), the article explores the interactions between Palestinian social-institutional agents, Israeli military forces and international medico-legal agents. Drawing on ethnographic and archival data, the article explores how the intersectionality between the various controlling powers is inscribed over the Palestinian dead bodies and structures their death rites. The article claims that inviting foreign medico-legal experts in the Palestinian context could reveal the true death story and the human rights violations, but also reaffirms the sovereignty of the Israeli military forces over the Palestinian dead and lived bodies.

Human Remains and Violence: An Interdisciplinary Journal
Patricio Galella

During the Spanish Civil War, extrajudicial executions and disappearances of political opponents took place and their corpses were buried in unregistered mass graves. The absence of an official policy by successive democratic governments aimed at the investigation of these cases, the identification and exhumation of mass graves, together with legal obstacles, have prevented the victims families from obtaining reparation, locating and recovering the human remains. This paper argues that this state of affairs is incompatible with international human rights law and Spain should actively engage in the search for the whereabouts and identification of the bodies with all the available resources.

Human Remains and Violence: An Interdisciplinary Journal
Roxana Ferllini

This article presents an account of the involvement of forensic anthropology in the investigation of human rights abuses in the modern era, and the difficulties it faces with respect to lack of adequate funding, volatile settings, the presence of unexploded ordnance, corruption in governmental agencies and a lack of good will, absence of support for NGOs and the curtailment of formal judicial proceedings to effect transitional justice. Syria, Iraq, Afghanistan, Spain, Mexico and the Northern Triangle are provided as regional examples of the problems encountered when attempting to conduct forensic anthropological investigations to locate mass graves, retrieve victims and obtain proper identifications. Interventions by various organisations are highlighted to illustrate their assistance to forensic and non-forensic individuals through technical support, training and mentoring in the areas of crime-scene management and identification techniques. Interventions in mass-grave processing when state agencies have failed, the importance of DNA banks and information from family members and witnesses are also presented.

Human Remains and Violence: An Interdisciplinary Journal
Valérie Robin Azevedo

In recent years, exhumation campaigns of mass graves resulting from the armed conflict (1980–2000) between the Maoist guerrillas of PCP-Shining Path (Sendero Luminoso) and the States armed forces have increased in Peru. People in rural Andes, the most marginalised sectors of national society, which were also particularly affected by the war, are the main group concerned with exhumations. This article examines the handling, flow and re-appropriation of exhumed human remains in public space to inform sociopolitical issues underlying the reparation policies implemented by the State, sometimes with the support of human rights NGOs. How do the families of victims become involved in this unusual return of their dead? Have the exhumations become a new repertoire of collective action for Andean people seeking to access their fundamental rights and for recognition of their status as citizens? Finally, what do these devices that dignify the dead reveal about the internal workings of Peruvian society – its structural inequities and racism – which permeate the social fabric?

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

also remain contested.4 What has not been contested is that the standards of legality and legitimacy by which international trials should be assessed have evolved. There has been a clear recognition of the need to comply with the human rights of defendants and to take greater account of the interests of victims. The second section of this chapter briefly records the history of national and international trials for ‘war crimes’ (used in a broad sense to include war 107 Dominic McGoldrick crimes in the strict sense, crimes against humanity, genocide), and considers

in Domestic and international trials, 1700–2000