Although the regime applicable to the return of remains of combatants in international armed conflict is well known, the regime applicable in non-international armed conflicts is less clear. This is particularly the case when the members of armed groups are deemed to be ‘terrorists’ by the State which then refuses to return them to their families. The article examines how a Russian law to that effect has been examined and found wanting by the European Court of Human Rights. It suggests that the return of remains following non-international armed conflicts raises characteristic issues for the debate on the simultaneous and competing applicability of international humanitarian and international human rights law.

尽管适用于国际武装冲突中战斗人员遗体归还的制度众所周知，但适用于非国际性武装冲突的制度尚不清楚。当国家将武装团体的成员视为“恐怖分子”，然后拒绝将其遣返其家人时，情况尤其如此。本文探讨了欧洲人权法院如何审查并认定俄罗斯法律对此有欠缺。它表明，在非国际性武装冲突之后，遗体的归还提出了关于国际人道主义法和国际人权法同时适用和竞争适用的辩论的典型问题。