Abstract

SANTAMARIA CONTRERAS, Maryed Yuceth. Forensic anthropological evidence ian international humanitarian procedural law: an analysis from the international criminal tribunals for the former Yugoslavia and Rwanda. Justicia [online]. 2023, vol.28, n.43, pp.171-188.  Epub Dec 14, 2023. ISSN 0124-7441.  https://doi.org/10.17081/just.28.43.6534.

The general objective of this research article is to analyze the incidence of forensic anthropological evidence in the context of international humanitarian procedural law based on the experience of the international criminal tribunals for the former Yugoslavia and Rwanda. For this purpose, research was elaborated from the interpretative paradigm, with qualitative approach, hermeneutic phenomenological method (systematic and teleological), descriptive level, documentary design and documentary systematization cards (bibliographic, normative and jurisprudential) as methods of information gathering. This made it possible to: determine the legal-theoretical configuration of international humanitarian procedural law; investigate the concept of forensic anthropology; and describe the specific contributions of this science to the international tribunals of Yugoslavia and Rwanda. It was concluded that forensic anthropology, as an evidentiary instrument of international humanitarian procedural law, is a builder of the universal historical memory and a guarantee for the application of justice because it is the ideal means to identify victims, victimizing facts and perpetrators in the contexts of war conflict. Therefore, forensic anthropological evidence is the center of international humanitarian procedural law and the main reason for justice.

Keywords : Forensic anthropology; international humanitarian procedural law; international procedural law; international humanitarian law; international criminal court.

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