The anthropobiological remains of both World Wars: Between ethics, legislation and the duty to remember

Abstract

The remains of soldiers who died during the two World Wars are regularly discovered by chance or during land use planning . In an archaeological, anthropological and genetic analysis of these remains, it is important to provide the most exhaustive information possible on these discoveries in order to fulfill the duty of memory. The legal aspect is a central question when it comes to the place of these human remains. This article proposes a consideration of the situation from a legal point of view and suggests avenues of reflection for a complementary approach from several disciplines. A focus on the term death for France have been proposed. This term is much more than a simple qualifier or a generic expression, it implies economic, patrimonial, but also moral consequences. It should be remembered that the dignity underlying such a status is likely to impact the meaning attached to the duty to remember. More than anything else, we can see that the study of these contexts requires genuine interdisciplinary research in which the law is not invented but in which jurists and anthropologists have every opportunity to express themselves side by side.