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Behind the legal curtain : social, cultural and religious practices and their impact on missing persons and the dead in Colombia

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Abstract
This paper examines social, cultural and religious factors that affect the implementation of international humanitarian law concerning dead and missing persons in non-international armed conflicts. To this end, the behaviour of both armed groups and civil society is studied. The argument made in the paper is that in some cases endogenous and exogenous systems of value (social, religious and cultural understandings), operating within the logic of armed non-State actors and within local communities, should be considered by policies concerning the search for missing persons. The Colombian armed conflict is used as case study; the social, cultural and religious practices of the National Liberation Army and the Revolutionary Armed Forces of Colombia - People's Army are analyzed as examples. Likewise, social and cultural values within affected populations can impact on post-conflict mechanisms agreed upon by the parties concerning the search for missing persons, and vice versa. Consequently, customs and traditions such as the "adoption" of unidentified buried people by local communities (social resignification of the dead) and the practices of indigenous communities are reviewed in order to establish a holistic framework.
Keywords
Law, Sociology and Political Science, armed groups, Colombia, social practices, culture, missing persons, the dead

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MLA
Nuñez Pastor, Mayra. “Behind the Legal Curtain : Social, Cultural and Religious Practices and Their Impact on Missing Persons and the Dead in Colombia.” INTERNATIONAL REVIEW OF THE RED CROSS, vol. 102, no. 914, 2020, pp. 721–43, doi:10.1017/s1816383121000722.
APA
Nuñez Pastor, M. (2020). Behind the legal curtain : social, cultural and religious practices and their impact on missing persons and the dead in Colombia. INTERNATIONAL REVIEW OF THE RED CROSS, 102(914), 721–743. https://doi.org/10.1017/s1816383121000722
Chicago author-date
Nuñez Pastor, Mayra. 2020. “Behind the Legal Curtain : Social, Cultural and Religious Practices and Their Impact on Missing Persons and the Dead in Colombia.” INTERNATIONAL REVIEW OF THE RED CROSS 102 (914): 721–43. https://doi.org/10.1017/s1816383121000722.
Chicago author-date (all authors)
Nuñez Pastor, Mayra. 2020. “Behind the Legal Curtain : Social, Cultural and Religious Practices and Their Impact on Missing Persons and the Dead in Colombia.” INTERNATIONAL REVIEW OF THE RED CROSS 102 (914): 721–743. doi:10.1017/s1816383121000722.
Vancouver
1.
Nuñez Pastor M. Behind the legal curtain : social, cultural and religious practices and their impact on missing persons and the dead in Colombia. INTERNATIONAL REVIEW OF THE RED CROSS. 2020;102(914):721–43.
IEEE
[1]
M. Nuñez Pastor, “Behind the legal curtain : social, cultural and religious practices and their impact on missing persons and the dead in Colombia,” INTERNATIONAL REVIEW OF THE RED CROSS, vol. 102, no. 914, pp. 721–743, 2020.
@article{8762053,
  abstract     = {{This paper examines social, cultural and religious factors that affect the implementation of international humanitarian law concerning dead and missing persons in non-international armed conflicts. To this end, the behaviour of both armed groups and civil society is studied. The argument made in the paper is that in some cases endogenous and exogenous systems of value (social, religious and cultural understandings), operating within the logic of armed non-State actors and within local communities, should be considered by policies concerning the search for missing persons. The Colombian armed conflict is used as case study; the social, cultural and religious practices of the National Liberation Army and the Revolutionary Armed Forces of Colombia - People's Army are analyzed as examples. Likewise, social and cultural values within affected populations can impact on post-conflict mechanisms agreed upon by the parties concerning the search for missing persons, and vice versa. Consequently, customs and traditions such as the "adoption" of unidentified buried people by local communities (social resignification of the dead) and the practices of indigenous communities are reviewed in order to establish a holistic framework.}},
  author       = {{Nuñez Pastor, Mayra}},
  issn         = {{1816-3831}},
  journal      = {{INTERNATIONAL REVIEW OF THE RED CROSS}},
  keywords     = {{Law,Sociology and Political Science,armed groups,Colombia,social practices,culture,missing persons,the dead}},
  language     = {{eng}},
  number       = {{914}},
  pages        = {{721--743}},
  title        = {{Behind the legal curtain : social, cultural and religious practices and their impact on missing persons and the dead in Colombia}},
  url          = {{http://doi.org/10.1017/s1816383121000722}},
  volume       = {{102}},
  year         = {{2020}},
}

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