相关规则
Israel
Practice Relating to Rule 116. Accounting for the Dead
Israel’s Manual on the Laws of War (1998) states:
It is incumbent on each party to keep a record of a fallen soldier’s personal details and particulars of death, and hand over to the other side half of the dog-tag worn by the fallen soldier, as well as a death certificate.
Israel, Laws of War in the Battlefield, Manual, Military Advocate General Headquarters, Military School, 1998, p. 61.
Israel’s Manual on the Rules of Warfare (2006) states:
Each side has the duty to record details of the fallen and details of the death, and to send to the other side half the identity tag worn by the fallen, his personal possessions and the death certificate.
Israel, Rules of Warfare on the Battlefield, Military Advocate-General’s Corps Command, IDF School of Military Law, Second Edition, 2006, p. 39.
The Manual on the Rules of Warfare (2006) is a second edition of the Manual on the Laws of War (1998).
According to the Report on the Practice of Israel, in the Abu-Rijwa case in 2000, the Israel Defense Forces (IDF) carried out DNA identification tests when asked by family members to repatriate remains.
Report on the Practice of Israel, 1997, Chapter 5.1, referring to High Court, Abu-Rijwa case, Judgment, 15 November 2000.
In its ruling in the Barake case in 2002, dealing with the question of when, how and by whom the mortal remains of Palestinians who died in a battle in Jenin refugee camp should be identified and buried, Israel’s High Court of Justice stated that “once the identification process is over, the burial shall begin” and that “identifying … the bodies is a highly important humanitarian need”.
Israel, High Court of Justice, Barake case, Ruling, 14 April 2002, §§ 8 and 9.
According the Report on the Practice of Israel, in the Abu-Rijwa case, the Israel Defense Forces carried out DNA identification tests on the remains of two “terrorists” buried in Israel at the request of a Jordanian family who petitioned the Israeli High Court in 1992 for the purpose of repatriating the remains of their son.
Report on the Practice of Israel, 1997, Chapter 5.1, referring to High Court, Abu-Rijwa case, Judgment, 15 November 2000.
Israel’s Manual on the Laws of War (1998) states:
It is incumbent on each party to keep a record of a fallen soldier’s personal details and particulars of death, and hand over to the other side half of the dog-tag worn by the fallen soldier … as well as a death certificate.
Israel, Laws of War in the Battlefield, Manual, Military Advocate General Headquarters, Military School, 1998, p. 61.
Israel’s Manual on the Rules of Warfare (2006) states:
Each side has the duty to record details of the fallen and details of the death, and to send to the other side half the identity tag worn by the fallen, his personal possessions and the death certificate. The Additional Protocols indicate the right of the families to know the fate of [their relatives] and provide that each side is required to search for the enemy’s missing in action and allow access to search parties.
Israel, Rules of Warfare on the Battlefield, Military Advocate-General’s Corps Command, IDF School of Military Law, Second Edition, 2006, p. 39.
The Manual on the Rules of Warfare (2006) is a second edition of the Manual on the Laws of War (1998).
