Improving international criminal investigations into Mass Graves: Synthesizing experiences from the former Yugoslavia
Authors: Klinkner, M.
Journal: Journal of Human Rights Practice
Volume: 4
Issue: 3
Pages: 334-364
eISSN: 1757-9627
ISSN: 1757-9619
DOI: 10.1093/jhuman/hus019
Abstract:International criminal trials are believed to contribute to the notion of justice through producing a record of the causes of conflicts, the responsible actors and parties, as well as the events; this includes investigating incidents involving the death of victims and the events that preceded their deaths. The novelty of the forensic operations into mass graves under the auspices of the International Criminal Tribunal for the former Yugoslavia (ICTY) led to what has been described as 'deployment chaos' adversely affecting forensic missions. This article examines the interaction among legal, investigative and forensic practitioners involved during such missions. Relying on qualitative research, the article examines the possible tensions that can arise between the various professions engaged in investigations for international criminal proceedings. Key recommendations that follow from the analysis include the need to recognize ethical concerns amongst the professions involved; understand the legal framework and evidentiary requirements; invest in planning, training, recruitment and contracts; and ensure continuity in staffing, protocols and decision-making. The article concludes by synthesizing the findings into a model designed to rectify past problems and to prepare for future investigations of mass graves. © 2012 The Author.
Source: Scopus
Improving International Criminal Investigations into Mass Graves: Synthesizing Experiences from the Former Yugoslavia
Authors: Klinkner, M.
Journal: Journal of Human Rights Practice
Volume: 4
Issue: 3
Pages: 334-364
Abstract:International criminal trials are believed to contribute to the notion of justice through producing a record of the causes of conflicts, the responsible actors and parties, as well as the events; this includes investigating incidents involving the death of victims and the events that preceded their deaths. The novelty of the forensic operations into mass graves under the auspices of the International Criminal Tribunal for the former Yugoslavia (ICTY) led to what has been described as ‘deployment chaos’ adversely affecting forensic missions. This article examines the interaction among legal, investigative and forensic practitioners involved during such missions. Relying on qualitative research, the article examines the possible tensions that can arise between the various professions engaged in investigations for international criminal proceedings. Key recommendations that follow from the analysis include the need to recognize ethical concerns amongst the professions involved; understand the legal framework and evidentiary requirements; invest in planning, training, recruitment and contracts; and ensure continuity in staffing, protocols and decision-making. The article concludes by synthesizing the findings into a model designed to rectify past problems and to prepare for future investigations of mass graves.
Source: Manual
Preferred by: Melanie Klinkner