Abstract

RUIZ REYES, Jorge. Clandestine Graves and Their Relationship with Crimes against Humanity. Methodological Proposal for the Documentation of Cases that Determine International Criminal Responsibility in Mexico. Hist. graf [online]. 2019, n.52, pp.97-128. ISSN 1405-0927.

During the last 12 years, the finding of clandestine graves has become a recurrent phenomenon in most states in Mexico. From forensic and criminal perspectives, the scientific analysis of the graves and its possible relation with grave violations to human rights represent an evidence that may be useful, not only for the humanitarian aspect of identification of the persons who were found in them, but also as a way to determine the identity and criminal responsibility of their perpetrators according to the legal framework on criminal law. Additionally, from the perspective of this work, the evidence, including other elements, may be used to establish individual criminal responsibility for international crimes.

Considering the latter, the objective of this text is to present a methodology to document cases of clandestine graves with the goal to determine individual criminal responsibility, specifically for crimes against humanity, according to the Rome Statute from the International Criminal Court. That is to say; this text will establish a form of documentation that will help to test out the objective and subjective elements of the crimes that are necessary to determine criminal responsibilities of these violations.

Keywords : Clandestine graves; documentation; crimes against humanity; criminal responsibility.