Analysing the impact of legal and procedural frameworks on the socio-cultural and political dynamics of extrajudicial killings and forced disappearances
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引用次数: 0
Abstract
The remains of unlawfully killed individuals can provide evidence concerning human rights violations. The intricate challenges of extrajudicial killings and forced disappearances can complicate legal and procedural processes. These cases often present indicators of suspicious circumstances, necessitating specialised investigative approaches to ascertain the circumstance and cause of death as well as potential human rights violations. This review explores the legal and procedural dimensions of handling the remains of individuals who have been unlawfully killed, critically examining the implementation of legal instruments and their impact on the socio-cultural and political landscape regarding cases of extrajudicial killings and forced disappearances. This study utilised a Python-based web scraper, with an HTML parsing library to aggregate articles on three themes of 1) International law, humanitarian law and laws protecting human remains 2), protection of human remains in cases of extrajudicial killings and forced disappearances and 3), Considerations of socio-cultural, psychosocial factors in the protection of human remains and institutional failures. The programming-based method for locating articles is innovative, and the search covered both English and Spanish languages. This review establishes the tension between psychosocial/cultural requirements and legal practice, and describes community mechanisms such as social services, mental health support for affected families, and citizen initiatives. By emphasising the gap between legal standards and practical execution, the study highlights the need to refine legal guidance and strengthen procedural compliance to uphold the dignity of the deceased and ensure accountability for violations of the right to life.
被非法杀害者的遗骸可以提供有关侵犯人权行为的证据。法外处决和强迫失踪问题错综复杂,可能使法律和程序过程复杂化。这些案件往往显示出可疑情况的迹象,需要采取专门的调查方法来确定死亡情况和原因以及潜在的侵犯人权行为。本综述探讨了处理被非法杀害者遗体的法律和程序问题,批判性地审查了法律文书的执行情况及其对法外处决和强迫失踪案件的社会文化和政治环境的影响。本研究利用基于 Python 的网络搜刮器和 HTML 解析库,汇集了关于以下三个主题的文章:1)国际法、人道主义法和保护遗骸的法律;2)法外处决和强迫失踪案件中的遗骸保护;3)遗骸保护中的社会文化和社会心理因素考量以及制度失灵。以编程为基础的文章定位方法是一种创新,搜索涵盖英语和西班牙语。本综述确定了社会心理/文化要求与法律实践之间的紧张关系,并介绍了社会服务、对受影响家庭的心理健康支持以及公民倡议等社区机制。通过强调法律标准与实际执行之间的差距,本研究强调有必要完善法律指导,加强程序合规性,以维护死者的尊严,确保对侵犯生命权的行为追究责任。
期刊介绍:
Forensic Science International is the flagship journal in the prestigious Forensic Science International family, publishing the most innovative, cutting-edge, and influential contributions across the forensic sciences. Fields include: forensic pathology and histochemistry, chemistry, biochemistry and toxicology, biology, serology, odontology, psychiatry, anthropology, digital forensics, the physical sciences, firearms, and document examination, as well as investigations of value to public health in its broadest sense, and the important marginal area where science and medicine interact with the law.
The journal publishes:
Case Reports
Commentaries
Letters to the Editor
Original Research Papers (Regular Papers)
Rapid Communications
Review Articles
Technical Notes.