Right To Reparations
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The Right To Reparation In International Law For Victims Of Armed Conflict
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Author : 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 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 Political Science 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.
The Right To Individual Reparations For Systematic Crimes Legal Basis Scope Enforcement
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Author : Kevin Couvillion
language : en
Publisher: GRIN Verlag
Release Date : 2018-02-14
The Right To Individual Reparations For Systematic Crimes Legal Basis Scope Enforcement written by Kevin Couvillion and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-14 with Law categories.
Research Paper (undergraduate) from the year 2016 in the subject Law - Penology, grade: 16,00, Humboldt-University of Berlin (Lehrstuhl für deutsches und internationales Strafrecht, Strafprozessrecht und Juristische Zeitgeschichte), course: Transitional Justice, language: English, abstract: The aim of this paper is to contour a normative model of reparations in transitional societies – alternatively dubbed as reparatory justice – and assess to what extent redress has become individualized and truly victim–oriented. It seeks to convey the vital demand associated with reparations: To restore the victim’s sense of dignity and moral worth and to remove his burden of disparagement often connoted with victimhood. Throughout the past decades various states have emerged in processes of replacing pre–democratic political systems which have commissioned mass atrocities under an authoritarian rule. These young nations – often lacking a coherent institutional architecture and financial resources – are confronted with the mammoth task of instating a functioning government and developing a rule of law. Criminal prosecutions, lustration, truth commissions and a general notion of reconciliation – said “policies of coming to terms with the past” (stemming from its German original Vergangenheitsbewältigung) form the cornerstone of what is collectively described as transitional justice. The arguably most important duty of transitional democracies, however, is to identify victims and perpetrators of the previous regime and to provide adequate redress for individuals without jeopardizing the newly found peace and stability. Much of the literary discussion has been criticized for poorly addressing the needs of victims and placing the issue of reparations on the sidelines. Further, transitional justice programs often had the practical effect of subordinating the individual victims to the majority’s desire to ignore the past. Several reparations initiatives have even been accused of re–victimizing the survivors or attempting to buy the victims’ silence.
The Right To Reparation In International Law For Victims Of Armed Conflict
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Author : E. Christine Evans
language : en
Publisher:
Release Date : 2012
The Right To Reparation In International Law For Victims Of Armed Conflict written by E. Christine Evans and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 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 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.
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.
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.
The Right To A Remedy And To Reparation For Gross Human Rights Violations A Practitioners Guide
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Author : Cordula Dröge
language : en
Publisher:
Release Date : 2006
The Right To A Remedy And To Reparation For Gross Human Rights Violations A Practitioners Guide written by Cordula Dröge and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Government liability (International law) categories.
Collective Reparations
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Author : Diana Odier Contreras-Garduno
language : en
Publisher:
Release Date : 2018
Collective Reparations written by Diana Odier Contreras-Garduno and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Group rights categories.
This book presents the first study on collective reparations. It aims to shed light on the legal framework, content and scope of collective reparations, and to the relationship between collective reparations and the individual right to reparations.
Right To Reparations
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Author : Rachel Blumenthal
language : en
Publisher: Rowman & Littlefield
Release Date : 2021-07-07
Right To Reparations written by Rachel Blumenthal and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-07 with Social Science categories.
This book examines the early years of the Claims Conference, the organization which lobbies for and distributes reparations to Holocaust survivors, and its operations as a nongovernmental actor promoting reparative justice in global politics. Rachel Blumenthal traces the founding of the organization by one person, and its continued campaign for the payment of compensation to survivors after Israel left the negotiations. This book explores the degree to which the leadership entity served individual victims of the Third Reich, the Jewish public, or member organizations.
Collective Reparations
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Author : Diana Odier-Contreras Garduno
language : en
Publisher:
Release Date : 2018
Collective Reparations written by Diana Odier-Contreras Garduno and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Human rights categories.
Although international human rights law establishes the individual right to receive reparations, collective reparations have been considered a common response from judicial and non-judicial bodies to reparations for victims of gross violations of human rights. As such, collective reparations have been awarded within the field of international human rights law, international criminal law and transitional justice. Yet the concept, content and scope of collective reparations are rather unspecified. To date, neither the judicial nor the non-judicial bodies that have granted this kind of reparations have ever defined them. This book presents the first study on collective reparations. It aims to shed light on the legal framework, content and scope of collective reparations, and to the relationship between collective reparations and the individual right to reparations. In order to do so, the book analyses specific case law from the Inter-American Court of Human Rights, the International Criminal Court and the Extraordinary Chambers in the Courts of Cambodia. Additionally, the practices of non-judicial mechanisms were examined, specifically those of the Peruvian and Moroccan Truth Commissions and of two mass claims compensation commissions (the United Nations Compensation Commission and the Eritrea-Ethiopia Claims Commission). Finally, it provides an overview of the challenges that collective reparations present to the fields of international human rights law and international criminal law, including in their implementation.