Το διεθνές και περιφερειακό νομικό πλαίσιο των ιατροδικαστικών τεχνικών και μεθόδων σε καταστάσεις ανθρωπιστικού ενδιαφέροντος: διαφορετικές πτυχές μιας πολύπλευρης ισορροπίας

Abstract

Τhe sanctity of death, the nobel and moral obligation to return one’s mortal remains, the needof the victims’ family and relatives to know the whereabouts of their loved ones, as well asthe need to put an end to the subsequent ambiguity on their fate are some issues very oftentreated already since Antiquity and run the International Law as a whole since its earlyorigins. Beginning from this point, a complex legal framework was gradually created andnow it grants protection to all aspects of the Humanitarian Forensic Action equation; apartfrom the dignified handling of dead bodies, pending missing persons’ cases and the rights oftheir families and relatives are thoroughly treated both at an international and a regional level.Although the perception of such protection initially originated in the context of armedconflicts due to the undeniably harsh situations that they create, as well as while enforcing thehumanitarian rules and norms, the gradual development and adoption of human rightsstandards, their dissemination and prevalence have featured more aspects of the sameequilibrium that need to be taken into consideration and have managed to better substantiatenew rights.In addition, the exact same tools and standards shall be respectfully used even inpeacetime, when the existing conditions provoke dire humanitarian crises and emergenciesthat need to be dealt with immediately. Natural disasters and migratory/refugee flows are themost notorious examples that challenge contemporain international norms and require a morecoordinated action. At the same time, more neglected aspects of the present subject (such asthe potential questions on data protection in critical situations) will be also thoroughlymentioned.