Dignity in death: International humanitarian law and the protection of the deceased in war

When people die in the context of armed conflicts, international humanitarian law (IHL) provides important legal protection for the dead and their families. Overall, it seeks to ensure that the dead are respected and recovered no matter who they were, and that information on them is collected with a view to identification. A key aim of these IHL rules is to uphold the right of families to know the fate of their relatives. Recognizing the inherent difficulties of accounting for those who have gone missing or died, these rules continue to apply even after the end of conflict. This article provides an overview of the IHL obligations protecting the dead in international and non-international armed conflicts, complemented by other bodies of international law. It then focuses on key legal questions arising in contemporary wars and practical implications for warring parties on processes to account for the dead, respect for the deceased and their graves, and the return of human remains to their families. Finally, the article explores issues of practice and key recommendations to drive forward action by States and parties to armed conflict in order to effectively integrate and apply obligations on the ground.