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This comment responds to Robert M. Hayden's concerns by highlighting the importance of contextualizing definitions of genocide and by advocating that determinations of genocide be legally defined. Sari Wastell argues that legal determinations are contingent and contestable when established as "adjudicated facts," that the law is the most appropriate venue for broaching these debates, and that the proposed genocide denial legislation that worries Hayden cannot target legitimate inquiry into the coherence of legal definitions of the crime of genocide. While reports, rumors, and accusations of genocidal activity might well be the impetus for the establishment of ad hoc tribunals such as the International Criminal Tribunal for the Former Yugoslavia, the existence of these international bodies is precisely aimed at determining the "truth" of these claims in a legal sense.

This electronic version has been made available under a Creative Commons (BY-NC-ND) open access license. Human remains and identification presents a pioneering investigation into the practices and methodologies used in the search for and exhumation of dead bodies resulting from mass violence. Previously absent from forensic debate, social scientists and historians here confront historical and contemporary exhumations with the application of social context to create an innovative and interdisciplinary dialogue, enlightening the political, social and legal aspects of mass crime and its aftermaths.Through a ground-breaking selection of international case studies, Human remains and identification argues that the emergence of new technologies to facilitate the identification of dead bodies has led to a "forensic turn", normalising exhumations as a method of dealing with human remains en masse. However, are these exhumations always made for legitimate reasons?Multidisciplinary in scope, this book will appeal to readers interested in understanding this crucial phase of mass violence's aftermath, including researchers in history, anthropology, sociology, forensic science, law, politics and modern warfare.The research program leading to this publication has received funding from the European Research Council under the European Union's Seventh Framework Programme (FP/2007-2013) / ERC Grant Agreement n° 283-617