Journal

Advances and progress in the obligation to return the remains of missing and forcibly disappeared persons

International Review of the Red Cross (2017), 99 (2), 709–733.The missingdoi:10.1017/S181638311800036X
Author
Grażyna Baranowska
Publication Year
2017
Region
Global
Thematic Area
Forensics / Mechanisms / The Search Process
Topic
Enforced Disappearance / Family Needs / Law – International / Management of the Dead / Recovery of remains / Excavation / Exhumation
Access
Open access

This article analyzes the evolution in international law of the obligation to search for and return the remains of forcibly disappeared and missing persons. Receiving the remains of forcibly disappeared and missing persons is one of the primary needs of their families, who bring the issue to international courts and nonjudicial mechanisms. This obligation has been incrementally recognized and developed by different human rights courts, which have included the obligation to search for and return the remains of disappeared persons in their remedies. In parallel to the development of the obligation by international courts, the international community has begun to become more involved in assisting in return of the remains of forcibly disappeared and missing persons to their families.