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

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

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

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

Since the beginning of the twenty-first century, Spain has experienced a cycle of exhumations of the mass graves of the Spanish Civil War (1936–39) and has rediscovered that the largest mass grave of the state is the monument that glorifies the Franco regime: the Valley of the Fallen. Building work in the Sierra de Guadarrama, near Madrid, was begun in 1940 and was not completed until 1958. This article analyses for the first time the regimes wish, from the start of the works, for the construction of the Valley of the Fallen to outdo the monument of El Escorial. At the same time the regime sought to create a new location to sanctify the dictatorship through the vast transfer to its crypts of the remains of the dead of the opposing sides of the war.

Human Remains and Violence: An Interdisciplinary Journal

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

Atrocities that befell Ethiopia during the Dergue regime (1974–91) targeted both the living and the dead. The dead were in fact at the centre of the Dergue’s violence. Not only did the regime violate the corpses of its victims, but it used them as a means to perpetrate violence against the living, the complexity of which requires a critical investigation. This article aims at establishing, from the study of Ethiopian law and practice, the factual and legal issues pertinent to the Dergue’s violence involving the dead. It also examines the efforts made to establish the truth about this particular form of violence as well as the manner in which those responsible for it were prosecuted and eventually punished.

Human Remains and Violence: An Interdisciplinary Journal
Mass violence, genocide, and the ‘forensic turn’

Human remains and identification presents a pioneering investigation into the practices and methodologies used in the search for and exhumation of dead bodies resulting from mass violence. Previously absent from forensic debate, social scientists and historians here confront historical and contemporary exhumations with the application of social context to create an innovative and interdisciplinary dialogue, enlightening the political, social and legal aspects of mass crime and its aftermaths. Through a ground-breaking selection of international case studies, Human remains and identification argues that the emergence of new technologies to facilitate the identification of dead bodies has led to a “forensic turn”, normalising exhumations as a method of dealing with human remains en masse. However, are these exhumations always made for legitimate reasons? Multidisciplinary in scope, the book will appeal to readers interested in understanding this crucial phase of mass violence’s aftermath, including researchers in history, anthropology, sociology, forensic science, law, politics and modern warfare.

The forensic and political lives of secondary mass graves in Bosnia and Herzegovina

7 Disassembling the pieces, reassembling the social: the forensic and political lives of secondary mass graves in Bosnia and Herzegovina Admir Jugo and Sari Wastell Introduction In a powerful documentary film entitled Statement 710399, director, activist, and former employee of the International Criminal Tribunal for the Former Yugoslavia (ICTY) Refik Hodzić follows a trail of clues that he hopes will lead to the discovery of the fate of four young men (one a boy of only fifteen), who escaped the Srebrenica massacres only to be recaptured, interrogated, and

in Human remains and identification
Challenges and technological solutions to the ­identification of individuals in mass grave scenarios in the modern context

6 A mere technical exercise? Challenges and technological solutions to the ­identification of individuals in mass grave scenarios in the modern context Gillian Fowler and Tim Thompson Introduction The identification of individuals from mass grave contexts is a difficult process which is made more challenging by a variety of taphonomic and situational variables, such as cause of death, number of bodies present, disturbance of the grave, climatic conditions, and the time since death. Clothing, personal effects, and type of burial have traditionally been used as

in Human remains and identification