22 that Article points out that the respect due to the remains of the deceased "implies that they are disposed of as far as possible in accordance with the wishes of the religious beliefs of the deceased, insofar as these are known", and warns that "even reasons of overriding public necessity cannot in any case justify a lack of respect for the remains of the deceased"85. 2. Domestic Law. 64. The duties of the living towards the dead found expression not only in international law but also in domestic law. However insufficient the treatment of the matter might appear to be, already the ancient Roman law, e.g., safeguarded penally the respect due to the dead. In the comparative law of our days, it can be found that the penal codes of numerous countries tipify and sanction the crimes against the respect for the dead (such as, e.g., the subtraction and the hiding of the mortal remains of a human being). And at least one trend of the legal doctrine on the matter visualizes as passive subject of the right to respect for the dead the community itself (starting with the relatives) which the dead belonged to. As I allowed myself to indicate in my Separate Opinion in the Bámaca Velásquez versus Guatemala case (Merits, 2000), "Even though the juridical subjectivity of an individual ceases with his death (thus no longer being, when having died, a subject of Law or titulaire of rights and duties), his mortal remains - containing a corporeal parcel of humanity, - continue to be juridically protected. The respect to the mortal remains preserves the memory of the dead as well as the sentiments of the living (in particular his relatives or persons close to him) tied to him by links of of affection, - this being the value juridically protected86. In safeguarding the respect for the dead, also penal law gives concrete expression to a universal feeling of the human conscience. The respect for the dead is thus due - at the levels of both internal and international legal orders, in the persons of the living" (par. 12). 65. The end of legal subjectivity with one's death does not mean that law is indifferent to the relationships between the living and their dead. Beyond existence one no longer needs rights, but duties nevertheless persist towards the deceased. Niceto Alcalá-Zamora, - to whom the "moral patrimony" of a people was formed by its accumulation of traditions, ideals, beliefs and culture, - once remarked, in an inspiring monograph, that "la conciencia justa (...) irá comprendiendo y realizando una relación de derecho a través del tiempo, entre los que se suceden sin convivir; que . Y. Sandoz, C. Swinarski and B. Zimmermann (eds.), Commentary on the Additional Protocols of 08 June 1977 to the Geneva Conventions of 12 August 1949, Geneva, ICRC/Nijhoff, 1987, pp. 369 and 379. 85 . Bruno Py, La mort et le droit, Paris, PUF, 1997, pp. 31, 70-71, 79-80 and 123. 86

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