Missed Opportunities: A Chance to Develop Synergy Between Humanitarian Mine Action and Humanitarian Forensic Action

By Patrick Nowak [ American Military University ] T his article aims to identify the opportunities for synergy that exist globally between humanitarian mine action (HMA) and humanitarian forensic action (HFA) through the lens of their specific objectives. Moreover, it recommends how best to leverage existing touchpoints and establish networks between the two disciplines; explores the access and placement that can enhance both mine action and forensic objectives; shows how subject-matter experts currently remain underutilized in explosive mitigation missions and human remains recovery operations; and indicates how to remedy that through combined efforts. For those who have worked in an HMA capacity in postconflict zones, it is not uncommon to encounter the remains of those who were embroiled in the original conflict and perished. These encounters pose unique challenges to HMA specialists who are not explicitly trained in managing corpses, identifying remains, or the ethical and legal standards for adequately dealing with remains. Additionally, dealing with these challenges far exceeds the scope of work typically outlined in HMA operations. Fortunately, HFA is an emerging discipline that specifically provides for the tasking and training of individuals to deal with this kind of work. However, similar to HMA specialists, HFA personnel may lack the requisite skills and training to recover human remains within an environment contaminated with explosives. Ultimately, these disciplines are not mutually exclusive, both crossing the line of each other’s missions, specifically within the postconflict operating environment. Unfortunately, because HMA and HFA are two separate disciplines with separately stated objectives, current efforts remain stove piped within their respective disciplines, which can reduce the overall effectiveness of both. However, interoperability opportunities exist to provide holistic benefits to both HMA and HFA missions by utilizing specialized personnel to provide a more significant impact to the populations these organizations are attempting to support. HMA: Not Simply a Clearance Operation HMA is a unique and dangerous job that requires specialized training and experience to conduct safely. Multiple organizations around the globe support HMA operations, such as the U.S. Department of Defense (DoD), nongovernmental organizations (NGOs), and intergovernmental organizations (IGOs), each with specific authorities and slightly different missions. For instance, the U.S. Department of Defense can supply conventional forces to support “nations plagued by land mines and Explosive Remnants of War (ERW) by executing ‘train-the-trainer’ programs of instruction designed to develop indigenous capabilities for a wide range of HMA activities.”1 Within the authorities outlined in CJCSI 3702.01C, U.S. military forces engaged in HMA operations “may not engage in the physical detection, lifting, or destroying of land mines, or stockpiled munitions, or other ERW, unless it is done for the concurrent purpose of supporting US military operations.”1 Conversely, NGOs and IGOs have the authority to train and assist host nations in the physical detection and disposal of ERW and landmines to include education, stockpile destruction, victim assistance, survey, mapping, and marking functions.2 The responsibilities that HMA organizations have are outlined in the United Nations Mine Action Service’s (UNMAS) five pillars of mine action.3 Additionally, international humanitarian law (IHL) and human rights law establish the legal foundation for mine action, with several other treaties, policies, and conventions providing additional guidance.3 Even though some HMA activities are limited in their capacity to assist nations, the overall goal of relieving human suffering by reducing the social, economic, and environmental impact from ERW and landmines is common throughout all HMA activities.2,4 However, notably absent in these guiding instructions are requirements or obligations to deal with corpses or human remains. Because a significant number of HMA operations deal with postconflict zones, the likelihood of encountering human remains and corpses is high. The HMA mission then becomes more than just a clearance operation, and additional organizations that specialize in the management and identification of the deceased are required. ISSUE 25.3 @ SPRING 2022 19 Like HMA, HFA is a difficult job requiring highly specialized training and experience. According to Cordner and Tidball-Binz, 5 the field of HFA originated from the Katyn Forest Massacre in World War II, utilizing forensic science to evaluate the mass killings that took place there. More recently, the Argentine Forensic Anthropology Team (EAAF), an NGO created in the 1980s after a violent regime change in Argentina, was established to locate “the disappeared” and supply answers to the families who lost their loved ones.5,6 The work of the EEAF, American Association of the Advancement of Science (AAAS), and Dr. Snow marked the beginning of modern-day humanitarian forensic action.7 Currently, the leading global organization for HFA is the International Committee of the Red Cross (ICRC). The ICRC defines humanitarian forensics as the “application of forensic science to humanitarian activities that seek to alleviate human suffering and protect the dignity of all victims of armed conflict and catastrophes, framed under International Humanitarian Law and Human Rights Law.5 HFA’s foundation is built upon these two international laws and their mission follows five pillars: (1) “the dignity of the dead must be respected; (2) families have a right to know the fate of their relatives; (3) religion, belief, and culture must be respected; (4) the right to health must be protected; (5) and serious violation of international humanitarian law and international crimes must be prosecuted.”8 Alongside these five pillars, the ICRC has the specific mission of training host nation counterparts and establishing forensic capabilities within host nations.9 As a testament to humanitarian forensics’ roots and the work of Dr. Snow in developing the EAAF, this mission continues today. Unfortunately, a significant driving force behind ICRC training and advisory mission is the nearly constant conflict happening around the globe.10,11 However, the ICRC has significantly contributed to worldwide forensic programs through its advisement and promotion of best standards of practice.11 Organizations like the ICRC increase their global capacity to support humanitarian forensics by building indigenous capabilities within nations. Due to the nature of their work, HFA specialists work extensively in explosively contaminated areas, typically those emerging from conflict.11 There is a significant risk to forensic specialists when working in these environments. Humanitarian forensic specialists do not possess the required training and expertise to deal with explosive (...truncated)