Protection and dignified management of the dead in war and peace are cornerstones for preventing unlawful killings: UN expert

A UN expert said today that the recovery, protection, documentation, identification and investigation of bodies and human remains of victims of unlawful deaths are not an option but an obligation under international law and inherent to the non-derogable right to life, recognised by all States around the world, both in war and peace times.

In his report to the 56^th session of the Human Rights Council, the Special Rapporteur on extrajudicial, summary, or arbitrary executions explored the universal concept, deeply rooted in societal, religious, cultural and legal traditions, according to which the deceased and their human remains deserve respect, protection, and dignified treatment.

“Dignity does not cease with death. Bodies of the deceased and their human remains must also be treated with respect and be protected,” Dr Tidball-Binz said.

Despite detailed obligations on the protection of the dead under the international humanitarian law, contemporary emergencies such as natural disasters, pandemics, migration, and armed violence, causing mass fatalities, have revealed an urgent need to provide the same level of protections for all individuals unlawfully killed, under any circumstances, without exception or discrimination.

“Inequalities, discrimination, and injustices which occur in life are sadly replicated in death, causing extreme suffering to families of deceased minorities due to marginalization and inadequate protection, documentation and investigation,” he said.

In many contexts around the world, including ongoing armed conflict situations, where scores of civilians are indiscriminately killed, it is a necessity to clearly specify the steps needed to protect dead bodies and human remains pending the possibility of a future investigation, aiming to identify the bodies, and determine the cause, manner and circumstances of death.

“Having clear protocols to establish the truth is not an option but a duty to fulfill the right of families to truth, justice and reparation,” Dr Tidball-Binz said. “A balance should be found between preserving the integrity of investigations to ensure accountability for every unlawful killing, and the importance of returning the bodies to bereaved families.”

The report commended the United Nations 2016 Minnesota Protocol on the Investigation of Potentially Unlawful Death, containing recommended good practices for effective investigations, as the international gold standard in forensic practice, and called on the international community to take steps towards harmonizing the protection of the dead across international law by developing universally applicable guiding principles for the comprehensive protection of the dead, under a human rights lens.