Original scientific paper

https://doi.org/10.46672/po-mest.28.1-2.2

The Legal Protection of the Bodies of the Dead in Armed Conflict From Physical Ill-Treatment

Ivica Kinder orcid.org/0009-0004-7383-6447 ; Dr. Franjo Tuđman Defense and Security University, Zagreb
Dijana Gracin orcid.org/0000-0002-6732-2659 ; Franjo Tuđman Defense and Security University, Zagreb

Abstract

This article provides a doctrinal and case study-based analysis of the legal framework governing the protection of the bodies of the dead from physical ill-treatment in armed conflict, with a particular focus on violations involving mutilation and other forms of degradation. It critically examines the substantive and interpretive dimensions of relevant international norms, especially Rule 113 (prohibition of mutilation of the dead) and Rule 90 (protection of personal dignity), as outlined in the 2005 ICRC’s Study on Customary International Humanitarian Law. These norms are analyzed within their treaty-based foundations, including the
Geneva Conventions and the Rome Statute of the International Criminal Court, as well as in light of international jurisprudence during the past two decades, particularly the case law of the ICC, ICTY, ICTR and SCSL. The article employs a qualitative research methodology, drawing on a wide range of primary and secondary sources, including case studies, judicial rulings, reports of international organizations and opinions of scholars. Through a critical examination of emblematic incidents, including Borovo Selo in 1991, Mogadishu in 1993, Kigali in 1994, etc., the article explores the evidentiary and prosecutorial challenges that hinder the practical recognition of these acts as independent crimes. The findings reveal a significant underrepresentation of post-mortem physical ill-treatment in international legal proceedings, where such acts are often subsumed under broader charges like murder, inhuman treatment, or crimes against humanity, rather than prosecuted as distinct violations of international law. By comparing contemporary international jurisprudence with post-WWII case law, particularly the Dachau and Yokohama trials, this article identifies a normative regression in prosecutorial and judicial approaches to the legal qualification and punishment of crimes in question. It calls for the recalibration of prosecutorial strategies, bold interpretation of legal frameworks and appropriate regard to forensic findings, to ensure accountability.

Keywords

ill-treatment of the dead, mutilation, outrages upon personal dignity, war crimes, international criminal tribunals, international customary law.

Hrčak ID:

341853

URI

https://hrcak.srce.hr/341853

Publication date:

19.12.2025.

Article data in other languages: croatian

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