International Humanitarian Law is pretty flakey with respect to the enemy dead. It is forbidden to rob or mutilate the dead lying on the field of battle and the dead should never be buried until all articles on them which may serve to fix their identity, such as pocket-books, numbers, etc., shall have been collected and the articles thus collected from the dead of the enemy are transmitted to its army or
government (The Laws of War on Land. Oxford, 9 September 1880).
The 4th Geneva Convention is not much better. The return of remains is not obligatory even after hostilities have ceased although the ICRC encourages that. The law needs to be fixed.
I`m in favor of making it mandatory that the opposing force be informed if one of its combatants has died for any reason without any strings attached and that their remains be returned as soon as circumstances permit. The dead are dead; let them be treated with a modicum of respect even if they are enemy soldiers. |
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