You could smell the mass grave at Cerska
long before you could see it.
The sickly,
sweet smell of the bodies came wafting through the trees lining the dirt
track up to the grave. The killers had chosen their spot well, an obscure
rise off a rutted road few needed to travel.
Investigators
with the International Criminal Tribunal for the Former Yugoslavia (ICTY)
had discovered the grave. And the stench that hovered in the air indicated
they were exhuming it, collecting evidence for war crimes cases.
The corpses
were dressed in civilian clothes. They had gunshot wounds to the back
of their heads. Their decaying hands were bound behind their back. These
men and boys, forensic experts at the scene said, had been gunned down
in cold blood.
The Cerska
grave is one of several exhumed in Bosnia that help explain the fate of
approximately seven thousand Bosnian Muslim men and boys from Srebrenica,
who disappeared after Bosnian Serb forces overran the UN safe area in
July 1995. Bosnian Serb leaders asserted that Srebrenica's men, wielding
arms, were killed in combat.
The grave
proved otherwise.
Individual
and mass graves provide vital evidence to war crimes prosecutions, especially
those involving extrajudicial executions and targeting of civilians. Forensic
experts over the last twenty years have worked to exhume and examine graves
in Argentina, Guatemala, El Salvador, Honduras, Ethiopia, Mexico, and
Iraqi Kurdistan. Exhumations in Argentina, for example, helped show that
many of the thousands of civilians who disappeared during the juntas had
been executed; that forensic evidence was presented during the 1985 trial
of nine Argentine generals, five of whom were later convicted.
In recent
years, forensic teams have exhumed mass graves in Rwanda and the former
Yugoslavia, some of the largest graves yet discovered. Evidence from the
exhumations will be a key part of upcoming war crimes cases. For example,
evidence from graves like Cerska, combined with witness testimony, would
be part of the case against former Bosnian Serb leader Radovan Karadzic
and army commander Gen. Ratko Mladic. Both men have been charged with
war crimes, genocide, and crimes against humanity.
To prove
genocide or crimes against humanity in the case of Srebrenica, prosecutors
would have to show that Bosnian Muslims were deliberately targeted for
mass executions. Forensic evidence will help establish that the dead in
a mass grave are Bosnian Muslim civilians and that they were executed.
Mass graves
themselves can be a violation of international law. The Third and Fourth
Geneva Conventions and Additional Protocol I contain provisions governing
the proper burial, identification, and registration of those killed in
war. Prisoners of war, for example, must be "honorably buried" in graves
that bear information about them.
But the right
to exhume a mass grave or to halt tampering with a grave is not clear
under international law. UN General Assembly resolution 3074, adopted
in 1973, calls for States to cooperate in war crimes investigations. Articles
32 and 33 of Additional Protocol I require parties to search for missing
persons after hostilities end, and otherwise assist in finding out their
fate. But an individual country does not have to allow suspected mass
graves to be examined.
Not all mass
graves contain victims of war crimes or atrocities. Some may hold the
bodies of hurriedly buried combatants. Witnesses and survivors will help
identify which grave is which. Even then, the mass grave may not be obvious.
Experts often
comb through a field or forest to find a mass grave. They will look for
abrupt changes in vegetation to indicate recent burial activity, or changes
in the texture and color of earth. Depressions or mounds are another sign
digging has recently taken place.
Reporters
who come across what they believe to be a mass grave should not interfere
with it. Mass graves are often mined or strewn with unexploded ordinance.
Disturbing a grave might also compromise the evidence it contains. Do
not try to excavate, or collect anything protruding from the grave. Only
photograph the grave and mark its location on a map.
Mass graves
can be easily tampered with and the evidence they contain lost forever.
It is important to exercise judgment about whom is notified of a suspected
mass grave. Two starting points are the International Committee of the
Red Cross (ICRC) and the UN High Commissioner for Human Rights. The Boston-based
Physicans for Human Rights, which sends forensic teams to examine graves
around the world, is another. Once forensic experts arrive on the scene,
they will conduct their search with an archaeologist's precision. Each
part of the human skeleton-some two hundred bones and thirty-two teeth-has
its tale to tell.
A forensic
team will begin by probing the grave, often with a metal rod, seeking
to test its consistency and detect the smell of dead bodies. Once investigators
have dug down to the level of bodies, they will sift the earth for shreds
of evidence and dust off each body. Bodies are carefully examined before
being removed. Valuable evidence can include blindfolds, bullets, and
bonds that will indicate how a victim was killed. Jewelry or papers help
with identification.
The science
of determining the cause of death is complex. An expert examining a bullet
wound can determine where a person was shot, the range of the shooting,
and the angle at which the bullet entered-all clues to whether someone
was executed or not. Identification is the next step. Experts rely on
witnesses, who may know who is in which grave. Accurate dental records
help make a match between a body and a missing person. DNA testing can
also be used to help identify victims.
Success varies.
In Rwanda, identification is almost impossible, due to a lack of records
and the vast size of graves. But experts are optimistic they will be able
to identify most of the two hundred bodies exhumed from Ovcara, Croatia,
thanks to a list of who was in the grave. They are less optimistic about
the Cerska grave, given how many people have gone missing.
But grieving
mothers and wives still hope they will succeed. "Bring his body to me,"
said Hatidza Hren, a Bosnian Muslim searching for her husband. "I will
recognize his bones."
Elizabeth Neuffer served as European bureau chief for the Boston Globe.
She is currently the Edward R. Murrow Press Fellow at the Council on Foreign
Relations, and is working on a book on post-war justice issues in Bosnia
and Rwanda.
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