Mass grave mapping and the protection of the dead

Abstract The need to respect and (physically) protect the dead is well established under international and national laws and extends to human remains found in mass graves. Once mass graves are discovered, and prior to any investigation, the dead in mass graves should be secured to an extent through the protection of the site itself. Should investigations follow (due to human rights abuses or breaches of international humanitarian or international criminal law), then the dead, if excavated, are in the custody and protection of the investigating authorities. Following successful identification of human remains, their return to the next of kin may be possible, or appropriate reburial may ensue. Engagement with mass graves is complex: no two mass graves are the same, and contexts differ, as may the legal framework governing mass graves. Building on the Minnesota Protocol, international standards for a rights-informed response to human remains found in mass graves are proffered by the Bournemouth Protocol on Mass Grave Protection and Investigation . A new research project now collates information to generate a digital global map of mass graves and asks how and to what extent this holds protective value. Such regularized mass grave mapping was advocated by former United Nations Special Rapporteur Agnès Callamard; indeed, mapping is increasingly employed in human rights contexts as a protection and justice-monitoring measure. By combining legal, forensic and anthropological insights in responding to the question of data collation in relation to mass graves, this paper sheds light on ways of both conceptualizing and operationalizing digital mapping of mass graves and appraises what kind of protection this may hold for the dead. Structured into four main interrelated sections, the paper briefly anchors data collation as a protection measure under international legal provisions; it then examines the challenges associated with the curation and creation of a global map of mass graves by adopting anthropological, forensic and legal lenses on the subject of mass graves and the data generated surrounding the dead. In a third step, the paper outlines the methodological challenges encountered during the pilot phase of the study, before then offering analysis and discussion on our preliminary findings, where we conclude that the informative value of mass grave mapping holds protective potential, particularly in the absence of physical protection. As well as offering an original inquiry that fits well with the theme of “protection of the dead”, the paper investigates the very boundaries of protection measures in the context of mass graves and what value they may hold. Such contribution to knowledge and practice is increasingly pressing in situations where physical protection of the dead is not forthcoming, and as an avenue to offer some (albeit incomplete) protection mechanisms for emerging mass grave landscapes: migratory deaths and the threat of mass fatalities arising from extreme climatic events.