8 - Satisfaction

Summary

Chapter 8 addresses the manner in which the International Court of Justice interprets and applies satisfaction as a remedy of international law. The definition, function and categories of satisfaction are issues that this chapter addresses, along with its relationship to other remedies of international law, in particular to declaratory judgments. The differences between the manner in which satisfaction is prescribed by the International Law Commission through the Articles on Responsibility of States for Internationally Wrongful Acts and the mechanisms through which the Court grants this remedy generate controversy regarding its availability and applicability before the Court. The Corfu Channel Case is the most often quoted in situations in which satisfaction is considered as granted through the issuance of a declaration of illegality. As such, even if states often request satisfaction as formal apologies to be given by responding states the Court undertakes a different approach.