الحماية القانونية لجثث القتلى في النزاعات المسلحة دراسة تحليلية في ضوء أحكام القانون الدولي الانساني

Abstract

Any war or armed conflict, whether internal or international, results in many human woes and tragedies due to the devastation and humanitarian disasters left behind by these wars that affect all victims of armed conflicts, including the dead, as international conventions and norms recognize legal protection for the dead and their families, and grant them the right To know their fate by collecting information, data and all documents related to the dead, as their families should be able to search and investigate to know their fate or request accurate and detailed information about their burial places and the possibility of visiting the graves of their relatives who were killed in armed conflicts, as well as their right to request the transfer of their bodies to countries These provisions were confirmed by Article (17) of the first Geneva Convention of 1949, and the first additional protocol annexed to these agreements issued in 1977, as Article (32) of this protocol confirmed these provisions The customary provisions of international humanitarian law and the Convention also guarantee special protection for the dead themselves by obligating the parties to the armed conflict to respect the sanctity of the dead and not to harm, mutilate, tamper with or burn them, except for what is part of the burial rituals and ceremonies espoused by the deceased. The provisions of international humanitarian law also oblige the parties to the conflict to follow the religious rites and rituals espoused by the dead at their burial, and this constitutes the core of our research, hoping to fulfill an objective and integrated legal study.