TY - JOUR
T1 - Analysing the impact of legal and procedural frameworks on the socio-cultural and political dynamics of extrajudicial killings and forced disappearances
AU - Dempsey, Nicholas
AU - Sarkar, Reena
AU - Bassed, Richard
N1 - Publisher Copyright:
© 2024
PY - 2025/1
Y1 - 2025/1
N2 - The remains of unlawfully killed individuals can provide evidence concerning human rights violations. The intricate challenges of extrajudicial killings and forced disappearances can complicate legal and procedural processes. These cases often present indicators of suspicious circumstances, necessitating specialised investigative approaches to ascertain the circumstance and cause of death as well as potential human rights violations. This review explores the legal and procedural dimensions of handling the remains of individuals who have been unlawfully killed, critically examining the implementation of legal instruments and their impact on the socio-cultural and political landscape regarding cases of extrajudicial killings and forced disappearances. This study utilised a Python-based web scraper, with an HTML parsing library to aggregate articles on three themes of 1) International law, humanitarian law and laws protecting human remains 2), protection of human remains in cases of extrajudicial killings and forced disappearances and 3), Considerations of socio-cultural, psychosocial factors in the protection of human remains and institutional failures. The programming-based method for locating articles is innovative, and the search covered both English and Spanish languages. This review establishes the tension between psychosocial/cultural requirements and legal practice, and describes community mechanisms such as social services, mental health support for affected families, and citizen initiatives. By emphasising the gap between legal standards and practical execution, the study highlights the need to refine legal guidance and strengthen procedural compliance to uphold the dignity of the deceased and ensure accountability for violations of the right to life.
AB - The remains of unlawfully killed individuals can provide evidence concerning human rights violations. The intricate challenges of extrajudicial killings and forced disappearances can complicate legal and procedural processes. These cases often present indicators of suspicious circumstances, necessitating specialised investigative approaches to ascertain the circumstance and cause of death as well as potential human rights violations. This review explores the legal and procedural dimensions of handling the remains of individuals who have been unlawfully killed, critically examining the implementation of legal instruments and their impact on the socio-cultural and political landscape regarding cases of extrajudicial killings and forced disappearances. This study utilised a Python-based web scraper, with an HTML parsing library to aggregate articles on three themes of 1) International law, humanitarian law and laws protecting human remains 2), protection of human remains in cases of extrajudicial killings and forced disappearances and 3), Considerations of socio-cultural, psychosocial factors in the protection of human remains and institutional failures. The programming-based method for locating articles is innovative, and the search covered both English and Spanish languages. This review establishes the tension between psychosocial/cultural requirements and legal practice, and describes community mechanisms such as social services, mental health support for affected families, and citizen initiatives. By emphasising the gap between legal standards and practical execution, the study highlights the need to refine legal guidance and strengthen procedural compliance to uphold the dignity of the deceased and ensure accountability for violations of the right to life.
KW - Culture
KW - Human remains
KW - Humanitarian forensic action
KW - Law
KW - Protocols
UR - http://www.scopus.com/inward/record.url?scp=85209665904&partnerID=8YFLogxK
U2 - 10.1016/j.forsciint.2024.112305
DO - 10.1016/j.forsciint.2024.112305
M3 - Article
C2 - 39579411
AN - SCOPUS:85209665904
SN - 0379-0738
VL - 366
JO - Forensic Science International
JF - Forensic Science International
M1 - 112305
ER -