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 Physicians 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."
(See
disappearances; medico-legal
investigations)
Elizabeth
Neuffer is a reporter and former European bureau chief for the
Boston Globe. She is currently working on a book on post-war
justice issues in Bosnia and Rwanda.

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