Open Access (free)
Aurore Schmitt and Welmoet Wels
Human Remains and Violence: An Interdisciplinary Journal
Open Access (free)
Élisabeth Anstett, Jean-Marc Dreyfus, and Caroline Fournet
Human Remains and Violence: An Interdisciplinary Journal
The Tomašica mass grave and the trial of Ratko Mladić
Caroline Fournet

This article focuses on the judicial consideration of the scientific analysis of the Tomašica mass grave, in the Prijedor municipality of Republika Srpska in Bosnia-Herzegovina. Often referred to as the largest mass grave in Europe since the Second World War, this grave was fully discovered in September 2013 and the scientific evidence gathered was included in the prosecution of Ratko Mladić before the International Criminal Tribunal for the Former Yugoslavia. Based on the exhaustive analysis of all the publicly available trial transcripts, this article presents how the Tomašica evidence proved symptomatic of the way in which forensic sciences and international criminal justice intertwine and of the impact of the former over the latter on the admissibility of evidence, the conduct of proceedings and the qualification of the crimes perpetrated.

Human Remains and Violence: An Interdisciplinary Journal
Cambodia’s bones
Fiona Gill

The display of human remains is a controversial issue in many contemporary societies, with many museums globally removing them from display. However, their place in genocide memorials is also contested. Objections towards the display of remains are based strongly in the social sciences and humanities, predicated on assumptions made regarding the relationship between respect, identification and personhood. As remains are displayed scientifically and anonymously, it is often argued that the personhood of the remains is denied, thereby rendering the person ‘within’ the remains invisible. In this article I argue that the link between identification and personhood is, in some contexts, tenuous at best. Further, in the context of Cambodia, I suggest that such analyses ignore the ways that local communities and Cambodians choose to interact with human remains in their memorials. In such contexts, the display of the remains is central to restoring their personhood and dignity.

Human Remains and Violence: An Interdisciplinary Journal
Sacralisation and militarisation in the remembrance of the ‘cursed soldiers’
Marije Hristova and Monika Żychlińska

Between 2012 and 2017, at the Ł-section of Warsaw’s Powązki Military Cemetery, or ‘Łączka’, the Polish Institute of National Remembrance exhumed a mass grave containing the remains of post-war anti-communist resistance fighters. Being referred to as the ‘cursed soldiers’, these fighters have become key figures in post-2015 Polish memory politics. In this article we focus on the role of the volunteers at these exhumations in the production of the ‘cursed soldiers’ memory. Following the idea of community archaeology as a civil society-building practice, the observed processes of sacralisation and militarisation show how the exhumations create a community of memory that promotes the core values of the currently governing national-conservative PiS party. We found that tropes related to forensic research and typically identified with cosmopolitan memory paradigms are used within a generally nationalist and antagonistic memory framework.

Human Remains and Violence: An Interdisciplinary Journal
Yann LeGall

Debates on the relevance of repatriation of indigenous human remains are water under the bridge today. Yet, a genuine will for dialogue to work through colonial violence is found lacking in the European public sphere. Looking at local remembrance of the Majimaji War (1905–7) in the south of Tanzania and a German–Tanzanian theatre production, it seems that the spectre of colonial headhunting stands at the heart of claims for repatriation and acknowledgement of this anti-colonial movement. The missing head of Ngoni leader Songea Mbano haunts the future of German–Tanzanian relations in heritage and culture. By staging the act of post-mortem dismemberment and foregrounding the perspective of descendants, the theatre production Maji Maji Flava offers an honest proposal for dealing with stories of sheer colonial violence in transnational memory.

Human Remains and Violence: An Interdisciplinary Journal
Greer Vanderbyl, John Albanese, and Hugo F. V. Cardoso

The sourcing of cadavers for North American skeletal reference collections occurred immediately after death and targeted the poor and marginalised. In Europe, collections sourced bodies that were buried and unclaimed after some time in cemeteries with no perpetual care mandate, and may have also targeted the underprivileged. The relationship between socio-economic status (SES) and abandonment was examined in a sample of unclaimed remains (603 adults and 98 children) collected from cemeteries in the city of Lisbon, Portugal, that were incorporated in a collection. Results demonstrate that low SES individuals are not more likely to be abandoned nor to be incorporated in the collection than higher SES individuals. Furthermore, historical data indicate that the poorest were not incorporated into the collection, because of burial practices. Although the accumulation of collections in North America was facilitated by structural violence that targeted the poor and marginalised, this phenomenon seems largely absent in the Lisbon collection.

Human Remains and Violence: An Interdisciplinary Journal
Open Access (free)
‘Case history’ on violence against women, and against women’s rights to health and to reproductive health
Sara De Vido

The anamnesis, which in medical terms mainly consists in case history, provides a legal analysis of around 70 decisions taken by domestic and regional human rights courts, and UN treaty bodies, relevant for the two dimensions at the core of the book, the horizontal, ‘interpersonal’ dimension and the vertical, ‘state policies’ dimension. The first dimension includes cases on domestic violence, rape in peacetime and female genital mutilation. The second dimension explores cases on abortion, involuntary sterilisation, maternal health and emergency contraception. The chapter examines the decisions following three axes/questions: Who are the applicants? In which ways was women’s health relevant in the decision? What reparations, if any, were granted? The book does not aim to elaborate a database of jurisprudence but to reflect on legal issues arising from selected decisions to elaborate the concept of violence against women’s health in chapter 2.

in Violence against women’s health in international law
Open Access (free)
The prognosis
Sara De Vido

The prognosis is the final step in Hippocratic medicine. This chapter includes some final comments on the main findings of the analysis. First, it discusses what the book has achieved and encourages the reader to view the two dimensions as intersecting, and to transfer findings in the horizontal dimension to the vertical one and vice versa. In a second part, the chapter puts the main argument of the book to the test once more, asking whether, in the end, despite all the efforts, international law itself is not the ultimate cause of violence against women’s health. The conclusions answer the question whether the law can be both the cause of and the cure for the disease.

in Violence against women’s health in international law
Open Access (free)
A conceptualisation of violence against women’s health (VAWH)
Sara De Vido

This chapter conceptualises the innovative idea of violence against women’s health (VAWH). Like the concept of violence against women, violence against women’s health is not an autonomous idea in criminal law, but an ‘umbrella’ definition grasping two dimensions of violence, each characterised by specific, gender-based crimes or practices. The chapter first ‘constructs’ VAWH as a form of discrimination against women, of gender-based violence, a violation of the rights to health and to reproductive health, and as a concept that does not require the element of intent for its definition. In particular, it stresses the existence and the pervasiveness of patterns of discrimination (often intersectional discrimination) in the perpetration of VAWH. The chapter then distinguishes this idea from the traditional one of violence against women and enriches it to encompass limitation of women’s autonomy, construed using a human rights-based approach. In dealing with autonomy and consent, the chapter extends its reasoning to another practice, genital cosmetic surgery, which it compares to female genital mutilation.

in Violence against women’s health in international law