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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.
justice internationale (Paris: Presses Universitaires de France, 2007); E. Barkan, The Guilt of Nations: Restitution and Negotiating Historical Injustices (Baltimore: Johns Hopkins University Press, 2000). P. Gray & O. Kendrick (eds), The Memory of Catastrophe (Manchester: Manchester University Press, 2004). R. Lemkin, Axis Rule in Occupied Europe (Washington: Carnegie Endowment for International Peace, Division of International Law, 1944); W. Schabas, Genocide in International Law (Cambridge: Cambridge University Press, 2000). B. Kiernan & R. Gellately, Specter of
/09/2014 17:28:35 58 Caroline Fournet (d) Deportation or forcible transfer of population; (e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; (f) Torture; (g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; (h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally
associated with the collapsed regimes but was also associated with the return of major international crimes to the European mainland, in Bosnia and Kosovo, and coincided with both the genocide in Rwanda and the deeply contested ‘war on terror’. At the same time, international responses to these and other contexts of mass violence, such as the International Criminal Tribunals on both the former Yugoslavia (ICTY) and Rwanda (ICTR), the Truth and Reconciliation Commission in post-apartheid South Africa, and associated major developments in international law, have occurred. In
, Stephan Miescher , Takyiwaa Manuh and Percy C. Hintzen (pp. 1–16 ). Bloomington : Indiana University Press . Minkowitz , T. ( 2007 ) ‘ The United Nations Convention on the Rights of Persons with Disabilities and the right to be free from noncensensual psychiatric interventions ’, Syracuse Journal of International Law and Commerce 34 ( 2 ), 405
3843. The letters that were sent together with the administrative forms were evidently very emotional and moving as they retraced the events in the life of a young resistance fighter or member of a Jewish family in a very concise manner. Franco-German Convention on ‘the consequences of deportation’, signed by Pierre Mendès-France and Konrad Adenauer on 23 October 1954 in Paris. There is insufficient research on the status of corpses (and exhumations) in international law. Centre des archives diplomatiques de Nantes (henceforth CADN), Embassy of Bonn, no. 20, Dispatch
- and transnational fields. Most notable are studies in the fields of international law (Madsen 2014, 2011; Dezalay and Garth 1996) and international political sociology (Bigo 2011). In Didier Bigo’s understanding of a transnational field, the ‘national’ is not simply replaced by the ‘transnational’ or the ‘global’. Rather, he advances that the transnational exists in the form of transnational networks and practices of professionals who ‘play simultaneously in domestic and transnational fields’ (Bigo 2011: 251). In this view, a transnational field is constituted by
1972 . Sappho Was a Right-On Woman: A Liberated View of Lesbianism . New York, NY : Stein & Day . Acer , Y. 2003 . The Aegean Maritime Disputes and International Law . Aldershot : Ashgate
Greece who left the country during the Greek Civil War, as I discuss in more detail in Chapter 3 . After the dissolution of the Socialist Federation of Yugoslavia in 1991, and the declaration of the independence of the Republic of Macedonia, official relations between Greece and its new northern neighbor became tense. Greece imposed an embargo on Macedonia and thus violated international law. Despite this official – albeit illegal – blockade, which continued until 1995, the railway transport of freight and passengers was impeded but not completely
’s main objectives – in addition to the other objective targets, listed as leading the shift from impunity to accountability, establishing the facts, bringing justice to thousands of victims and giving them a voice, developing international law and strengthening the rule of law (United Nations 2006 ). Accordingly, communities should be shielded from being labelled as collectively responsible for others