Lead researcher: Melanie Klinkner
School/Faculty: Business School
Cluster, centre, institute: Conflict, Rule of Law and Society
URA position title: Research Assistant on the legal protection of mass graves
Relevant disciplines:
LLB Law (Business School)
BSc Anthropological, archaeological and forensic sciences (Faculty of Science and Technology)
BSc Forensic Science (Faculty of Science and Technology)
BSc Forensic Investigation (Faculty of Science and Technology)
BA Sociology/ Social Anthropology/ Social Policy (Health and Social Care)
Description of the position: Mass graves in countries like Libya, Iraq and now Ukraine and Syria
regularly make news headlines. It is recognised that, in the aftermaths of conflict and gross human
rights violations, victims have a right to know what happened to their loved ones. Such a right is
compromised if mass graves are not adequately protected to ensure an effective investigation, to
preserve evidence, and facilitate identification and repatriation of the dead. Despite guidelines for
investigations of the missing and legal obligations under international law, it is not expressly clear
how these mass graves are best legally protected and by whom. Without a legislative framework to
protect such sites however, victims’ rights to a remedy and reparations may be violated and crucial
evidence needed by national and international institutions to pursue investigations and prosecutions
of alleged perpetrators will be lost.
The researcher will review existing international and domestic legal provisions and other relevant
materials relating to the protection of mass graves. The materials will need to be analysed to
ascertain the current legal situation and desirable standards for adequate protection. Finally, the
researcher is to prepare a discussion paper (or green paper) proposing legislative principles to safeguard mass graves in post-conflict societies.
Explain how this position will enhance and enrich the student's undergraduate experience and
how it relates to the relevant courses/disciplines and/or future career of the student: This project
provides the student with the opportunity to review, reflect and propose how laws should be
drafted based upon available evidence. Rather than being a ‘recipient’ of the law, it is the student
that will be the ‘shaper’ of legislative proposals. In drafting a green paper on mass grave protection,
the student will have to consider the complexities of post-conflict settings and with it the rights of
victims and survivor populations. Furthermore, the student will have to take into account how the
integrity of scientific evidence collection and continuity of evidence needs to be ensured.
Gathering this evidence will bring the student into contact with key actors within international law,
such as the UN, but also inter-governmental organisations, such as the International Committee of
the Red Cross or the International Commission on Missing Persons.
The programme of work will enable the student to progress their studies beyond the legal discipline,
provide them with the opportunity to learn more about research methods, and equip them with
vital knowledge necessary to pursue a career in international legal firms, governmental
organisations, international organisations or international non-governmental organisations.
How will the position be supervised and mentored: The programme of work will be supervised by
Dr. Melanie Klinkner, who has researched in the field of mass grave evidence collection and its use
for international criminal purposes. A wealth of literature on the subject has already been sourced
and will be made available to the research assistant. Furthermore the supervision will ensure that
the student is guided through the literature and understands the nature of the desired output.
Meetings will be held on a weekly basis to discuss key questions and agree on the next steps.
This programme of work will also benefit from the research on the topic of ‘reconciliation-in-practice
in the Western Balkans’ conducted by a student under the supervision of Dr. Schwandner-Sievers. It
is important that the green paper takes the needs of survivor populations into account. Therefore,
joint meetings between the two students and their supervisors will be held towards the latter stage
of the work programme, to ensure the green paper reflects the specificities of post-conflict contexts.
The green paper will form the basis for a grant application involving expert round-table discussions
on that green paper, to then develop it into a white paper, seeking renewed expert round-table
discussions, before finalising legislative guidelines.
List of duties and responsibilities of the position:
The student's responsibilities will encompass:
• Additional literature search;
• Literature review;
• Legal analysis of the materials; and
• Legal writing and drafting.
List the position qualifications including any special requirements:
The applicant should possess:
• an understanding of international law;
• an interest in post-conflict solutions and intervention;
• an interest in the use of forensic science within the law;
• an aptitude to work across disciplines.
Knowledge of Arabic or Serbo-Croatian would be a particular advantage but is not a requirement.