International Law And Reparations
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International Law And Reparations
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Author : Claudio Grossman
language : en
Publisher: Clarity Press
Release Date : 2018-02-24
International Law And Reparations written by Claudio Grossman and has been published by Clarity Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-24 with Law categories.
This book presents the most thorough analysis to date on the jurisprudence of the Inter-American Court of Human Rights (IACtHR) concerning full reparations. This jurisprudence interprets Article 63 of the American Convention on Human Rights. In its interpretation of the Convention, the IACtHR is guided by the important notion that human rights instruments should be interpreted in light of its object and purpose, in accordance with the State members of the Organization of the American States. The Court’s jurisprudence ensures that victims of human rights violations are awarded not only monetary compensation in cases, but also a full array of reparations designed to restore their dignity and reaffirm the value of the rule of law. Accordingly, reparation also includes moral compensation, guarantees of non repetition, and truth as a measure of satisfaction. More specifically, the book explores the notions of “fair remedy,” “injured party,” and the possibility of achieving “restitutio in integrum” for human rights violations through an analysis of decisions issued by the Inter-American Court. The book urges its reader to consider not only the current status of the law, but also the role played by victims, lawyers, Commissioners, and Judges in its jurisprudential development. As a living instrument, the value of the American Convention depends in great part on their actions and decisions. This book, by presenting the role of the different actors through concrete cases that shaped the system, encourages everyone to think how the System should continue to satisfy the aspirations of justice in cases of human rights violations.
Netherlands Yearbook Of International Law 2022
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Author : Otto Spijkers
language : en
Publisher: T.M.C. Asser Press
Release Date : 2024-09-24
Netherlands Yearbook Of International Law 2022 written by Otto Spijkers and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-09-24 with Law categories.
This book on international law explores the ways in which traditional forms of reparation (restitution, compensation, and satisfaction) have been (re)interpreted since the rendering of the landmark Factory at Chorzów judgment in 1928 of the Permanent Court of International Justice. It examines how the concept of reparations has developed in international law and evolved to reflect broader community values like human rights, as well as criminal and transitional justice. Contributions to this year’s volume of the Netherlands Yearbook of International Law examine the ways in which reparation has been understood in the jurisprudence of various courts and jurisdictions including the International Court of Justice, the International Criminal Court, and the UN human rights treaty body system. Several regional or internationalised bodies are also examined, including the Inter-American and European Courts of Human Rights and the Extraordinary Chambers in the Courts of Cambodia. The volume includes chapters focusing on recent efforts to repair historical wrongs — such as reparations for colonial times, dictatorial oppression, and failed peacekeeping missions — and the ways in which the legal principle of reparation has been conceptualised in support of these claims. The book illustrates the shift of reparations from a largely state-centric approach concerned with financial compensation, to a more victim-centred one that encompasses a diverse range of reparative measures. Despite this positive shift, multiple complex obstacles remain in the way of victims realising their right to reparation, including limited financial resources, ineffective victim consultation, long delays, and the absence of political will. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law. Chapter 13 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Reparations By Non State Armed Groups Under International Law
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Author : Olivia Herman
language : en
Publisher: Taylor & Francis
Release Date : 2024-07-11
Reparations By Non State Armed Groups Under International Law written by Olivia Herman and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-11 with Law categories.
This book examines whether and how non-state armed groups might be required to provide reparations for the harm caused by their violations of international law committed during situations of non-international armed conflict. Most of today’s armed conflicts are waged between states and non-state armed groups or between such groups. Societies ravaged by these conflicts endure extensive harm resulting from violations of international humanitarian law and international human rights law. This reality prompts a series of pressing questions. Akin to states, should non-state armed groups be held responsible for making reparation when violating international law? And if so, what measures can these groups take to repair the harm they have caused? The book begins by clarifying if there exists, in contemporary international law, a duty for armed groups to provide reparation. It considers whether non-state armed groups have primary international obligations as distinct duty bearers, and whether reparation can be one of the legal consequences when violating these obligations. Subsequently, the book sheds new light on how non-state armed groups’ duty of reparation can be operationalised in international law. This involves elucidating both the conceptualisation and practical application of this duty. Combining this legal analysis with practical perspectives, the book unveils important insights for international law, drawn from an in-depth analysis of Colombia’s experiences with reparations by armed groups in the context of transitional justice. This book will be of interest to scholars and practitioners working in the fields of international law related to armed conflict, accountability and redress, and transitional justice more broadly.
Reparations For Victims Of Armed Conflict
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Author : Cristián Correa
language : en
Publisher: Cambridge University Press
Release Date : 2020-12-17
Reparations For Victims Of Armed Conflict written by Cristián Correa and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-17 with Law categories.
Three experts address reparation for victims of armed conflict, drawing on international law practice, human rights courts, and domestic law.
Reparations For Indigenous Peoples
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Author : Federico Lenzerini
language : en
Publisher: OUP Oxford
Release Date : 2008-01-24
Reparations For Indigenous Peoples written by Federico Lenzerini and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-24 with Law categories.
Published in concomitance with the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, this volume brings together a group of renowned legal experts and activists from different parts of the world who, from international and comparative perspectives, investigate the right of indigenous peoples to reparation for breaches of their individual and collective rights. The first part of the book is devoted to general aspects of this important matter, providing a comprehensive assessment of the relevant international legal framework and including overviews of the topic of reparations for human rights violations, the status of indigenous peoples in international law, and the vision of reparations as conceived by the communities concerned. The second part embraces a comprehensive investigation of the relevant practice at the international, regional, and national level, examining the best practices of reparations according to the ideologies and expectations of indigenous peoples and offering a comparative perspective on the ways in which the right of these peoples to redress for the injuries suffered is realized worldwide. The global picture painted by these contributions provides a view of the status of relevant international law that is synthesized in the two final chapters of the book, which include a concrete example of how a judicial claim for reparation is to be structured and prescribes the best practices and strategies to be adopted in order to maximize the opportunities for indigenous peoples to obtain effective redress. As a whole, this volume offers a comprehensive vision of its subject matter in international and comparative law, with a practical approach aimed at supporting legal academics, administrators, and practitioners in improving the avenues and modalities of reparations for indigenous peoples.
The Right To Reparation In International Law For Victims Of Armed Conflict
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Author : E. Christine Evans
language : en
Publisher: Cambridge University Press
Release Date : 2012-06-28
The Right To Reparation In International Law For Victims Of Armed Conflict written by E. Christine Evans and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-28 with Law categories.
Christine Evans assesses the right to reparation for victims of armed conflict in international law and in national practice.
The Right To Reparation In International Law For Victims Of Armed Conflict
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Author : Dr Christine Evans
language : en
Publisher:
Release Date : 2014-05-14
The Right To Reparation In International Law For Victims Of Armed Conflict written by Dr Christine Evans and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 with Reparation (Criminal justice) categories.
In this evaluation of the international legal standing of the right to reparation and its practical implementation at the national level, Christine Evans outlines State responsibility and examines the jurisprudence of the International Court of Justice, the Articles on State Responsibility of the International Law Commission and the convergence of norms in different branches of international law, notably human rights law, humanitarian law and international criminal law. Case studies of countries in which the United Nations has played a significant role in peace negotiations and post-conflict processes allow her to analyse to what extent transitional justice measures have promoted State responsibility for reparations, interacted with human rights mechanisms and prompted subsequent elaboration of domestic legislation and reparations policies. In conclusion, she argues for an emerging customary right for individuals to receive reparations for serious violations of human rights and a corresponding responsibility of States.
Reparations And Victim Support In The International Criminal Court
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Author : Conor McCarthy
language : en
Publisher: Cambridge University Press
Release Date : 2012-04-12
Reparations And Victim Support In The International Criminal Court written by Conor McCarthy and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-12 with Law categories.
Explores the ICC's regime of victim redress, including both its reparations regime and the work of the ICC Trust Fund.
Reparations For Victims Of Genocide War Crimes And Crimes Against Humanity
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Author : Carla Ferstman
language : en
Publisher: BRILL
Release Date : 2020-02-17
Reparations For Victims Of Genocide War Crimes And Crimes Against Humanity written by Carla Ferstman and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-17 with Law categories.
Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity: Systems in Place and Systems in the Making provides a rich tapestry of practice in the complex and evolving field of reparations, which cuts across law, politics, psychology and victimology, among other disciplines. Ferstman and Goetz bring their long experiences with international organizations and civil society groups to bear. This second edition, which comes a decade after the first, contains updated information and many new chapters and reflections from key experts. It considers the challenges for victims to pursue reparations, looking from multiple angles at the Holocaust restitution movement and more recent cases in Europe, Asia, Africa, and the Americas. It also highlights the evolving practice of international courts and tribunals. First published in a hardbound edition, this second, fully revised and updated edition, is now available in paperback.
Out Of The Ashes
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Author : Koen Feyter
language : en
Publisher: Intersentia nv
Release Date : 2005
Out Of The Ashes written by Koen Feyter and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Crimes against humanity categories.
Over the last decade, the issue of reparation for victims of gross and systematic human rights violations has given rise to intense debates at the national and the international level. Discussions particularly arise in post-conflict situations characterised by serious violations of human rights, such as genocide, crimes against humanity, war crimes, and other forms of injustice of the past. Crucial questions include: what harm inflicted to victims warrants reparation? when and how to repair the harm? who is eligible for reparation and who has the duty to repair? These and other questions raise many challenging issues for theory and practice. This volume contains the contributions presented at an international conference in Brussels, in February 2005, on the right to reparation for victims of serious human rights violations. It also includes the final report of a research project undertaken jointly at the Universities of Antwerp (UA) and Leuven (K.U.Leuven) between 2000 and 2004 on the right to reparation in international law for victims of gross and systematic human rights violations, both from a legal and a socio-political perspective. The present volume is aimed at academics, policy-makers, national and international courts and tribunals, the legal professions, and civil society at large.