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Contents

Published online by Cambridge University Press:  03 December 2020

Cristián Correa ,
Shuichi Furuya  and
Clara Sandoval
Cristián Correa
Affiliation:
International Center for Transitional Justice, New York
Shuichi Furuya
Affiliation:
Waseda University, Japan
Clara Sandoval
Affiliation:
University of Essex

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Reparation for Victims of Armed Conflict , pp. v - viii
Publisher: Cambridge University Press
Print publication year: 2020
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NC
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/cclicenses/

Contents

  1. Introduction: The Emergence of an Individual Right to Reparation for Victims of Armed Conflict

    Christian Marxsen

    1. I.Reparation in International Law

    2. II.Developments towards an Individual Right to Reparation

    3. III.The Trialogue on Reparation

  2. 1.The Right to Reparation for Victims of Armed Conflict: The Intertwined Development of Substantive and Procedural Aspects

    Shuichi Furuya

    1. I.Introduction

    2. II.A State-Centred Right to Reparation: Historical Developments until the 1990s

      1. A.The Situation before World War II

      2. B.A Framework for Settling the Consequences of World War II

      3. C.Lump-Sum Settlements before the 1990s

    3. III.A Victim-Oriented Perspective of the Right to Reparation: A Turning Point

      1. A.A Growing Victim Focus in the United Nations

      2. B.Advancement in the International Criminal Tribunals and Court

      3. C.Ad Hoc Reparation Mechanisms Created since the Early 1990s

      4. D.New Cases on Past Violations: Evaluating the Findings of Domestic Courts

    4. IV.Victims to Be Redressed

      1. A.The Nature of Armed Conflict

      2. B.Applicable Law in Armed Conflict

      3. C.Harms Caused by Violations of International Law

      4. D.The Nature of the Person to Be Redressed

    5. V.The Obligation to Make Reparation

      1. A.Duty-Bearers of Reparation

      2. B.Forms of Reparation

      3. C.Waiver or Limitation of Reparation Claims

    6. VI.The Procedural Right to Reparation

      1. A.The Right to Access an Effective Mechanism

      2. B.Developing the Right to Be Heard

      3. C.The Right to Equal Treatment without Discrimination

    7. VII.Common Principles of Ad Hoc Reparation Mechanisms

      1. A.Collecting, Registering, and Processing Claims

      2. B.Valuing and Verifying Claims

      3. C.The Victim’s Choice of an Appropriate Mechanism

      4. D.The Financial Basis of the Mechanism

    8. VIII.Conclusions

  3. 2.Operationalising the Right of Victims of War to Reparation

    Cristián Correa

    1. I.Introduction

    2. II.The Possible Legal Foundations for an Individual Right to Reparation

      1. A.The Right of Victims to Obtain Reparation under International Human Rights Law

      2. B.The Right of Victims to Obtain Reparation under International Humanitarian Law

      3. C.The Application of International Human Rights Law to Armed Conflict and the Right of Victims to Reparation

    3. III.The Practical Realisation of the Right to Reparation in Armed Conflict

      1. A.Reparation under International or Inter-State Ad Hoc Mechanisms

      2. B.Reparation through State Administrative Processes

      3. C.Lessons for Designing Reparation Policies for Armed Conflict

    4. IV.Conclusions

  4. 3.International Human Rights Adjudication, Subsidiarity, and Reparation for Victims of Armed Conflict

    Clara Sandoval

    1. I.Introduction

    2. II.Subsidiarity in International Human Rights Law

    3. III.The Inter-American Court of Human Rights and Its Jurisprudence on Reparation

      1. A.Gross Human Rights Violations, Victims, and Domestic Reparation Programmes in Guatemala, Peru, and Colombia

      2. B.The Jurisprudence of the Court on Domestic Reparation Programmes: From Rectification to Deference

      3. C.The Judgments in Yarce and Vereda La Esperanza v. Colombia: Is the Court Revisiting Its Approach to Subsidiarity?

      4. D.The Reasoning of the Court behind Deference in Relation to Domestic Reparation Programmes: Problems and Consequences

      5. E.The Court’s Shift towards Subsidiarity: What Explains This Approach?

    4. IV.The European Court of Human Rights and Its Jurisprudence on Reparation

      1. A.The Court’s Standard Approach to Subsidiarity and Reparation

      2. B.Changes in the Court’s Treatment of Subsidiarity and Reparation

      3. C.The Court’s Jurisprudence on War-Related Large-Scale Human Rights Violations and Domestic Reparation Programmes

      4. D.What Explains the Approach of the Court to Subsidiarity when Dealing with Reparation?

      5. E.The Reasoning of the Court on Remedial Measures: Problems and Consequences

    5. V.What Should Regional Human Rights Courts Do When Faced with Challenges to Domestic Reparation Programmes?

      1. A.The International Law Test

      2. B.The Public Policy Test

    6. VI.Conclusions

  5. Conclusion: Reparation for Victims of Armed Conflict – At the Interface of International and National Law

    Anne Peters

    1. I.Introduction

    2. II.Regime Interaction and Cross-Fertilisation

    3. III.The Impact of Human Rights

    4. IV.The Interaction between International and Domestic Law

    5. V.‘Transformative Reparation’? Between Law and Politics, Courts and Legislators, the Past and the Future

    6. VI.Outlook

  6. Index

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