Returning the ‘Fallen Terrorist’ for Burial in Non-international Armed Conflicts
The Rights of the Deceased, the Obligations of the State, and the Problem of Collective Punishment
In: Journal of International Humanitarian Legal StudiesSearch for other papers by Frédéric Mégret in
Current site
Google Scholar
Search for other papers by Chloe Swinden in
Current site
Google Scholar
Although the regime applicable to the return of remains of combatants in international armed conflict is well known, the regime applicable in non-international armed conflicts is less clear. This is particularly the case when the members of armed groups are deemed to be ‘terrorists’ by the State which then refuses to return them to their families. The article examines how a Russian law to that effect has been examined and found wanting by the European Court of Human Rights. It suggests that the return of remains following non-international armed conflicts raises characteristic issues for the debate on the simultaneous and competing applicability of international humanitarian and international human rights law.
Purchase
Buy instant access (PDF download and unlimited online access):
Institutional Login
Log in with Open Athens, Shibboleth, or your institutional credentials
Personal login
Log in with your brill.com account
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 871 | 125 | 14 |
| Full Text Views | 91 | 4 | 0 |
| PDF Views & Downloads | 130 | 19 | 5 |
Returning the ‘Fallen Terrorist’ for Burial in Non-international Armed Conflicts
The Rights of the Deceased, the Obligations of the State, and the Problem of Collective Punishment
In: Journal of International Humanitarian Legal StudiesSearch for other papers by Frédéric Mégret in
Current site
Google Scholar
PubMed
Search for other papers by Chloe Swinden in
Current site
Google Scholar
PubMed
Although the regime applicable to the return of remains of combatants in international armed conflict is well known, the regime applicable in non-international armed conflicts is less clear. This is particularly the case when the members of armed groups are deemed to be ‘terrorists’ by the State which then refuses to return them to their families. The article examines how a Russian law to that effect has been examined and found wanting by the European Court of Human Rights. It suggests that the return of remains following non-international armed conflicts raises characteristic issues for the debate on the simultaneous and competing applicability of international humanitarian and international human rights law.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 871 | 125 | 14 |
| Full Text Views | 91 | 4 | 0 |
| PDF Views & Downloads | 130 | 19 | 5 |
