万人坑、真相与正义:万人坑调查的跨学科视角。艾丽·史密斯&;梅勒妮·克林克(评论)

IF 0.8 3区 社会学 Q3 POLITICAL SCIENCE Human Rights Quarterly Pub Date : 2023-11-01 DOI:10.1353/hrq.2023.a910498
Eric Stover
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The volume offers an interdisciplinary examination of all states of a mass graves investigation from discovery of a site to the process of investigation and the conduct of commemoration activities.1 As someone who has been a participant or close observer of forensic investigations of mass graves in Argentina, Guatemala, Rwanda, Iraq, the former Yugoslavia, and the United States, I admire the care that the editors and authors have taken not to oversimplify what can be a highly complex investigatory process from a legal, forensic, and psycho-social perspective. Forty years ago, my colleague forensic anthropologist Clyde Snow advocated that the search for the disappeared must be conducted for three reasons: to locate, identify, and return the remains of the disappeared to family members [End Page 739] for proper burial; to gather evidence to hold perpetrators accountable; and to set the historical record straight. While Snow's objectives still hold true today, it must also be recognized that the quest to equate truth to identification and justice to perpetrator accountability can be both distinctive and challenging. As the book's editors, Smith and Klinker—who also are co-authors of the 2020 Bournemouth Protocol on Mass Grave Protection and Investigations—caution there is no such thing as a \"standard\" or \"typical\" mass grave.2 Each site is \"highly context-specific\" and \"the way in which sites are handled will necessarily vary accordingly.\"3 So, what are the factors that can determine how a mass grave site will be located and investigated? To begin with, perpetrators often make every effort to hide mass graves, and with the passage of time, vegetation can spread and make locating the sites even more difficult. Access to mass graves can also be delayed during and after armed conflicts. For example, during our investigations of mass graves in the former Yugoslavia in the early 1990s, Snow and I were accompanied by United Nations deminers to sweep potential mass grave sites for explosive ordnance, including bobby traps and landmines. (This practice became a standard operating procedure during the mass graves investigations in the former Yugoslavia for years to come.) On one occasion Serb forces expelled our team, comprised of forensic scientists from around the world, from a mass grave in eastern Croatia even though we were working under a UN mandate. Even when peace arrives, some armed factions will do everything in their power to prevent access to or hide mass graves sites. As Ian Hanson notes in his chapter on the exhumation of mass graves from 1997 to 2016 near the town of Kozluk in Bosnia and Herzegovina, forensic investigators found evidence that Bosnian Serb forces had used heavy machinery to remove and redeposit bodies from one or more sites (primary graves) and rebury them in another location (secondary graves) in what appeared to be an attempt to cover up a mass execution during the Srebrenica massacre in July 1995. Archeological and DNA evidence linked the primary and secondary graves and was later presented as evidence in war crimes trials at the International Criminal Tribunal of the former Yugoslavia.4 Despite efforts to hide mass graves, their very existence has a \"strong awarenessraising effect,\" according to Howard Morrison, a judge at the International Criminal Court who was interviewed by the book's editors. \"When [perpetrators dig] a mass grave,\" he says, \"they [do] it to hide the bodies, not to raise awareness. But the lasting effect is that it does raise awareness at the same time.\"5 Forensic investigations of mass graves also require significant national and international resources, as well as stable governments and judiciaries to oversee the operations. This is particularly...","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"86 7-8","pages":"0"},"PeriodicalIF":0.8000,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Mass Graves, Truth and Justice: Interdisciplinary Perspectives on the Investigation of Mass Graves eds. by Ellie Smith & Melanie Klinker (review)\",\"authors\":\"Eric Stover\",\"doi\":\"10.1353/hrq.2023.a910498\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Reviewed by: Mass Graves, Truth and Justice: Interdisciplinary Perspectives on the Investigation of Mass Graves eds. by Ellie Smith & Melanie Klinker Eric Stover (bio) Ellie Smith & Melanie Klinker eds., Mass Graves, Truth and Justice: Interdisciplinary Perspectives on the Investigation of Mass Graves (Edward Elgar Publishing 2023), ISBN 9781800882379, 186 pages. Ellie Smith and Melanie Klinker, a researcher and law professor respectively at Bournemouth University, have edited an excellent volume on how forensic scientists, judges, and court investigations have conducted mass grave investigations and interacted with families of the disappeared since the early 1980s. The volume offers an interdisciplinary examination of all states of a mass graves investigation from discovery of a site to the process of investigation and the conduct of commemoration activities.1 As someone who has been a participant or close observer of forensic investigations of mass graves in Argentina, Guatemala, Rwanda, Iraq, the former Yugoslavia, and the United States, I admire the care that the editors and authors have taken not to oversimplify what can be a highly complex investigatory process from a legal, forensic, and psycho-social perspective. Forty years ago, my colleague forensic anthropologist Clyde Snow advocated that the search for the disappeared must be conducted for three reasons: to locate, identify, and return the remains of the disappeared to family members [End Page 739] for proper burial; to gather evidence to hold perpetrators accountable; and to set the historical record straight. While Snow's objectives still hold true today, it must also be recognized that the quest to equate truth to identification and justice to perpetrator accountability can be both distinctive and challenging. As the book's editors, Smith and Klinker—who also are co-authors of the 2020 Bournemouth Protocol on Mass Grave Protection and Investigations—caution there is no such thing as a \\\"standard\\\" or \\\"typical\\\" mass grave.2 Each site is \\\"highly context-specific\\\" and \\\"the way in which sites are handled will necessarily vary accordingly.\\\"3 So, what are the factors that can determine how a mass grave site will be located and investigated? To begin with, perpetrators often make every effort to hide mass graves, and with the passage of time, vegetation can spread and make locating the sites even more difficult. Access to mass graves can also be delayed during and after armed conflicts. For example, during our investigations of mass graves in the former Yugoslavia in the early 1990s, Snow and I were accompanied by United Nations deminers to sweep potential mass grave sites for explosive ordnance, including bobby traps and landmines. (This practice became a standard operating procedure during the mass graves investigations in the former Yugoslavia for years to come.) On one occasion Serb forces expelled our team, comprised of forensic scientists from around the world, from a mass grave in eastern Croatia even though we were working under a UN mandate. Even when peace arrives, some armed factions will do everything in their power to prevent access to or hide mass graves sites. As Ian Hanson notes in his chapter on the exhumation of mass graves from 1997 to 2016 near the town of Kozluk in Bosnia and Herzegovina, forensic investigators found evidence that Bosnian Serb forces had used heavy machinery to remove and redeposit bodies from one or more sites (primary graves) and rebury them in another location (secondary graves) in what appeared to be an attempt to cover up a mass execution during the Srebrenica massacre in July 1995. 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引用次数: 1

摘要

《万人坑、真相与正义:万人坑调查的跨学科视角》。埃莉·史密斯和梅勒妮·克林克编辑。,《万人坑,真相与正义:万人坑调查的跨学科视角》(Edward Elgar Publishing 2023), ISBN 9781800882379, 186页。伯恩茅斯大学(Bournemouth University)的研究员埃莉·史密斯(Ellie Smith)和法学教授梅勒妮·克林克(Melanie Klinker)分别编辑了一本出色的书,讲述了自20世纪80年代初以来,法医科学家、法官和法庭调查人员如何进行万人坑调查,以及如何与失踪者家属进行互动。本书对万人坑调查的所有状态进行了跨学科的审查,从发现一个地点到调查过程和纪念活动的进行作为对阿根廷、危地马拉、卢旺达、伊拉克、前南斯拉夫和美国的万人坑的法医调查的参与者或密切观察者,我很钦佩编辑和作者的谨慎,他们没有从法律、法医和心理社会的角度过分简化这个可能非常复杂的调查过程。四十年前,我的同事、法医人类学家克莱德·斯诺(Clyde Snow)主张,寻找失踪者的工作必须进行,原因有三:找到、识别失踪者的遗体,并将其归还给家人,以便妥善埋葬;收集证据,追究肇事者的责任;为了澄清历史记录。虽然斯诺的目标在今天仍然适用,但我们也必须认识到,将真相等同于身份,将正义等同于肇事者责任的追求既独特又具有挑战性。作为这本书的编辑,史密斯和克林克——他们也是2020年《伯恩茅斯万人坑保护和调查议定书》的共同作者——警告说,没有“标准”或“典型”万人坑每个站点都是“高度特定于上下文的”,“处理站点的方式必然会相应变化”。那么,决定万人坑选址和调查方式的因素是什么呢?首先,作恶者经常千方百计地隐藏万人坑,随着时间的推移,植被会蔓延,使找到万人坑的地点变得更加困难。在武装冲突期间和之后,进入万人坑的时间也可能被推迟。例如,在上世纪90年代初我们对前南斯拉夫的万人坑进行调查时,斯诺和我在联合国排雷人员的陪同下,扫除了可能存在的万人坑地点的爆炸物,包括炸弹陷阱和地雷。(这种做法后来成为前南斯拉夫万人坑调查的标准操作程序。)有一次,塞尔维亚军队将我们的团队从克罗地亚东部的一个万人坑中驱逐出去,尽管我们是在联合国的授权下工作的。我们的团队由来自世界各地的法医组成。即使和平到来,一些武装派别也会尽其所能阻止人们进入或隐藏乱葬坑。正如伊恩·汉森(Ian Hanson)在其关于1997年至2016年在波斯尼亚和黑塞哥维那科兹卢克镇附近挖掘万人坑的章节中指出的那样,法医调查人员发现证据表明,波斯尼亚塞族部队使用重型机械从一个或多个地点(主要坟墓)移走并重新放置尸体,并将其重新埋葬在另一个地方(次要坟墓),这似乎是为了掩盖1995年7月斯雷布雷尼察大屠杀期间的大规模处决。考古和DNA证据将一级和二级坟墓联系起来,后来在前南斯拉夫国际刑事法庭的战争罪审判中作为证据提出。4尽管人们努力隐藏万人坑,但国际刑事法庭的法官霍华德·莫里森(Howard Morrison)在接受该书编辑的采访时表示,万人坑的存在本身就具有“强烈的提高认识的作用”。他说:“当(罪犯)挖万人坑时,他们(这样做)是为了隐藏尸体,而不是为了唤起人们的意识。但持久的影响是,它同时也提高了人们的意识。对万人坑的法医调查也需要大量的国家和国际资源,以及稳定的政府和司法机构来监督这些行动。这是特别……
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Mass Graves, Truth and Justice: Interdisciplinary Perspectives on the Investigation of Mass Graves eds. by Ellie Smith & Melanie Klinker (review)
Reviewed by: Mass Graves, Truth and Justice: Interdisciplinary Perspectives on the Investigation of Mass Graves eds. by Ellie Smith & Melanie Klinker Eric Stover (bio) Ellie Smith & Melanie Klinker eds., Mass Graves, Truth and Justice: Interdisciplinary Perspectives on the Investigation of Mass Graves (Edward Elgar Publishing 2023), ISBN 9781800882379, 186 pages. Ellie Smith and Melanie Klinker, a researcher and law professor respectively at Bournemouth University, have edited an excellent volume on how forensic scientists, judges, and court investigations have conducted mass grave investigations and interacted with families of the disappeared since the early 1980s. The volume offers an interdisciplinary examination of all states of a mass graves investigation from discovery of a site to the process of investigation and the conduct of commemoration activities.1 As someone who has been a participant or close observer of forensic investigations of mass graves in Argentina, Guatemala, Rwanda, Iraq, the former Yugoslavia, and the United States, I admire the care that the editors and authors have taken not to oversimplify what can be a highly complex investigatory process from a legal, forensic, and psycho-social perspective. Forty years ago, my colleague forensic anthropologist Clyde Snow advocated that the search for the disappeared must be conducted for three reasons: to locate, identify, and return the remains of the disappeared to family members [End Page 739] for proper burial; to gather evidence to hold perpetrators accountable; and to set the historical record straight. While Snow's objectives still hold true today, it must also be recognized that the quest to equate truth to identification and justice to perpetrator accountability can be both distinctive and challenging. As the book's editors, Smith and Klinker—who also are co-authors of the 2020 Bournemouth Protocol on Mass Grave Protection and Investigations—caution there is no such thing as a "standard" or "typical" mass grave.2 Each site is "highly context-specific" and "the way in which sites are handled will necessarily vary accordingly."3 So, what are the factors that can determine how a mass grave site will be located and investigated? To begin with, perpetrators often make every effort to hide mass graves, and with the passage of time, vegetation can spread and make locating the sites even more difficult. Access to mass graves can also be delayed during and after armed conflicts. For example, during our investigations of mass graves in the former Yugoslavia in the early 1990s, Snow and I were accompanied by United Nations deminers to sweep potential mass grave sites for explosive ordnance, including bobby traps and landmines. (This practice became a standard operating procedure during the mass graves investigations in the former Yugoslavia for years to come.) On one occasion Serb forces expelled our team, comprised of forensic scientists from around the world, from a mass grave in eastern Croatia even though we were working under a UN mandate. Even when peace arrives, some armed factions will do everything in their power to prevent access to or hide mass graves sites. As Ian Hanson notes in his chapter on the exhumation of mass graves from 1997 to 2016 near the town of Kozluk in Bosnia and Herzegovina, forensic investigators found evidence that Bosnian Serb forces had used heavy machinery to remove and redeposit bodies from one or more sites (primary graves) and rebury them in another location (secondary graves) in what appeared to be an attempt to cover up a mass execution during the Srebrenica massacre in July 1995. Archeological and DNA evidence linked the primary and secondary graves and was later presented as evidence in war crimes trials at the International Criminal Tribunal of the former Yugoslavia.4 Despite efforts to hide mass graves, their very existence has a "strong awarenessraising effect," according to Howard Morrison, a judge at the International Criminal Court who was interviewed by the book's editors. "When [perpetrators dig] a mass grave," he says, "they [do] it to hide the bodies, not to raise awareness. But the lasting effect is that it does raise awareness at the same time."5 Forensic investigations of mass graves also require significant national and international resources, as well as stable governments and judiciaries to oversee the operations. This is particularly...
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期刊介绍: Now entering its twenty-fifth year, Human Rights Quarterly is widely recognizedas the leader in the field of human rights. Articles written by experts from around the world and from a range of disciplines are edited to be understood by the intelligent reader. The Quarterly provides up-to-date information on important developments within the United Nations and regional human rights organizations, both governmental and non-governmental. It presents current work in human rights research and policy analysis, reviews of related books, and philosophical essays probing the fundamental nature of human rights as defined by the Universal Declaration of Human Rights.
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