The original Ultraman series introduced “The Monster Graveyard,” in the episode of the same name in 1967 (season 1, episode 35). The premise is that there is a realm in space where the souls of Kaiju defeated by any of the Ultra Warriors go for their eternal rest. This rest is hard earned, as many of the Kaiju are mutilated by Ultraman in battle.
The story followed a test flight of a rocket that entered the Monster Graveyard and returned to Earth with the soul of the Kaiju named Seabozu. This raises the issue, did the rocket entering the graveyard, colliding with Seabozu, and bringing his soul back to Earth, amount to desecration of a corpse?
This is problematic, since corpses do not cry out in agony if disturbed [recognizing that every haunted house story might beg to differ].
The definition of desecration of a corpse varies across the United States and international law. International Humanitarian Law follows the long held rule that “Each party to the conflict must take all possible measures to prevent the dead from being despoiled. Mutilation of dead bodies is prohibited.” See, Rule 113. Treatment of the Dead. This is based off many treaties, including the 1907 Hague Convention (X).
State law uses different descriptions, but the theme is the same: leave dead bodies alone. For example, Mississippi law states:
Every person who shall knowingly and willfully dig up, except as otherwise provided by law, obliterate, or in any way desecrate any cemetery where human dead are interred, or cause through word, deed or action the same to happen, shall upon conviction be imprisoned for not more than one (1) year in the county jail or fined not more than Five Hundred Dollars ($500.00), or both, in the discretion of the court. In addition to any penalties that the court is otherwise authorized to impose the court may, in its discretion, order such restitution as it deems appropriate.
Miss. Code § 97-29-25(1)(a).
Texas has similar prohibitions, stating that “abuse of a corpse” is “intentionally or knowingly disinters, disturbs, removes, dissects, in whole or in part, carries away, or treats in a seriously offensive manner a human corpse.” TEX.PENAL CODE ANN. Sec. 42.10(a)(1) (Vernon 1989). Mclain v. State, 831 S.W.2d 815, 818 (Tex. App. 1992).
Alabama also follows these legal protections with their extensively defined law, which states:
Any person who willfully or maliciously injures, defaces, removes, or destroys any tomb, monument, gravestone, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, or other structure or thing placed or designed for a memorial of the dead, or any fence, railing, curb, or any enclosure for the protection or ornamentation of any tomb, monument, gravestone, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, or other structure before mentioned, or for any enclosure for the burial of the dead, or any person who willfully and wrongfully or maliciously destroys, removes, cuts, breaks, or injures any tree, shrub, plant, flower, decoration, or other real or personal property within any cemetery or graveyard shall be guilty of a Class A misdemeanor.
Ala. Code § 13A-7-23.1(a)
Was Seabozu removed from his grave? Yes. There is no doubt his remains were distributed. However, that does not mean the space agency is legally responsible, because all of the state legal examples require that the desecration be done knowingly. The scientists had no knowledge of the “Monster Graveyard,” so there was no intent to bring Seabozu back to Earth. Moreover, that would be a strange project for any government or private actor to fund. Furthermore, even if the rocket launch was done recklessly, that is not the standard, because even that presumes there would be knowledge of a foreseeable risk of hitting the soul of a Kaiju. Furthermore, all of the laws at issue require the corpse to be that of a human being, so there is a Kaiju size technicality for applicability.
The only cause for possible legal jeopardy comes in the form of a war crime for mutilating a body or have a human requirement. There is no stated intent requirement, but mutilations do not happen by accident. Someone is taking an affirmative act to mutilate a corpse.
Even considering all of the above, the Science Patrol and the space agency were right to return Seabozu back to the Monster Graveyard. This episode was one of the few times where a Kaiju was seen as suffering and the Science Special Search Party sought to right the wrong done to the spirit.
