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.
Corpses and mass violence: an inventory of the unthinkable
justice internationale (Paris: Presses Universitaires de
France, 2007); E. Barkan, The Guilt of Nations: Restitution and Negotiating Historical Injustices (Baltimore: Johns Hopkins University Press,
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 InternationalLaw,
1944); W. Schabas, Genocide in InternationalLaw (Cambridge: Cambridge University Press, 2000).
B. Kiernan & R. Gellately, Specter of
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 internationallaw;
(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
Integrative concepts for a criminology of mass violence
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 internationallaw, have occurred.
Enacting human rights in mental health care in Ghana
Ursula M. Read
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 InternationalLaw and Commerce
34 ( 2 ), 405
The French search mission for the corpses of deportees in Germany, 1946–58
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
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 internationallaw.
Centre des archives diplomatiques de Nantes (henceforth CADN),
Embassy of Bonn, no. 20, Dispatch
A new faction of the transnational field of statistics
- and transnational fields. Most notable are
studies in the fields of internationallaw (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
From Ottoman railway lines to contemporary migrant transportation
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 internationallaw. Despite this official – albeit illegal – blockade, which continued until 1995, the railway transport of freight and passengers was impeded but not completely
Croatia’s sexualised and gendered (self-)ascriptions and its desire for European belonging
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 internationallaw and strengthening the
rule of law (United Nations 2006 ). Accordingly,
communities should be shielded from being labelled as collectively
responsible for others