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‘We demand dignity for the victims’ – reflections on the legal qualification of the indecent disposal of corpses

Fournet, Caroline and Siller, Nicole 2015, ‘We demand dignity for the victims’ – reflections on the legal qualification of the indecent disposal of corpses, International criminal law review, vol. 15, no. 5, pp. 896-925, doi: 10.1163/15718123-01505003.

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Title ‘We demand dignity for the victims’ – reflections on the legal qualification of the indecent disposal of corpses
Author(s) Fournet, Caroline
Siller, NicoleORCID iD for Siller, Nicole orcid.org/0000-0003-1599-3079
Journal name International criminal law review
Volume number 15
Issue number 5
Start page 896
End page 925
Total pages 30
Publisher Brill Academic Publishers
Place of publication Leiden, The Netherlands
Publication date 2015-06-27
ISSN 1567-536X
1571-8123
Keyword(s) indecent disposal of corpses
dignity of victims of international crimes
Malaysia Airlines flight mh17
Summary ‘We demand dignity for the victims’. Such was the pledge of the Dutch Minister of Foreign Affairs following the crash of Malaysia Airlines flight mh17 in rebel-held territory in eastern Ukraine and the looting of the corpses of the 298 victims. Although not an isolated instance, the indecent disposal of the corpses of the victims seems to have escaped legal scrutiny. Drawing from this and other case studies, this article addresses the legal qualification of acts of mistreatment perpetrated against the corpses of victims of international crimes. It analyses all relevant dispositions pertaining to international humanitarian law, international criminal law and the law of trafficking in human beings. While these provisions fail to legally characterize such acts, the judiciary however tends to recognize their criminality; a recognition which, in the authors’ views, could make its way into the text of international (criminal) law.
Language eng
DOI 10.1163/15718123-01505003
Field of Research 1801 Law
Socio Economic Objective 0 Not Applicable
HERDC Research category C1.1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2015, Koninklijke Brill
Persistent URL http://hdl.handle.net/10536/DRO/DU:30091857

Document type: Journal Article
Collection: Law
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