Index
access to effective reparation mechanism, right of, , 169
ad hoc arbitration
benefits of effective, 178
common principles of mechanisms,
financial basis of mechanism,
massive violations of human rights, 176
operation of mechanisms,
prioritising of claims, 79
processing of claims,
submission of claims, 78
verification of claims,
victim’s choice of mechanism,
African Commission on Human and Peoples’ Rights, 99
obligation to make reparations, 99
‘transformative’ reparation, 279
African Court of Human and Peoples’ Rights, 175
aggression, crime of, 55
applicable law as to armed conflict,
armed conflict
applicable law,
designing of reparation policies,
harms caused by,
human rights and,
international conflicts, national implementation of reparations, 276
nature of,
non-international conflicts, international involvement in post-conflict settlement, 274
social causes of, 283
State obligation to respect and ensure, 180
assistance programmes, 173
Austria, 101
Baluarte, David C., 219
‘Basic Principles’ for reparations (UNCHR) (2005), 30, 58, 59, 60, 63, 71, 74, 76, 103, 147, 149, 266, 271, 272, 281
Bassiouni, M. Cherif, 30
bilateral reparations agreements, 25
Borchard, Edwin M., 21
Bosnia and Herzegovina, 81, See also Commission for Real Property Claims of Displaced Persons and Refugees (Bosnia and Herzegovina)
Çalı, Başak, 244
Carozza, Paolo, 214
causation between harm and violation of international law,
Cold War, end of, 28
Commission for Real Property Claims of Displaced Persons and Refugees (Bosnia and Herzegovina), 40, 53, 60, 65, 74, 76, 78, 83, 85, 87, 116, 146
Costa Rica, 218
Côte d’Ivoire, 153
crime of aggression, 55
Customary International Humanitarian Law project, 52
de Greiff, Pablo, 256
de Vos, Christian, 219
Declaration of International Law Principles on Reparation for Victims of Armed Conflict (ILA) (2010), 56, 58, 65, 280
Declaration of the Basic Principles of Justice for Victims of Crime and Abuse of Power (1985) (Victims Declaration), 29
democracy and violations of human rights,
discrimination, right to equal treatment without, , 170
displaced persons, assistance programmes, 173
Donald, Alice, 245
‘effective control’ concept, 111
enforced disappearances, 95
Engstrom, Par, 219
equal treatment, non-discrimination and,
Eritrea–Ethiopia Claims Commission
causation standard, 58
choice of arbitration mechanism, 85
claims by juridical persons, 60
design of reparation policies, 158
monetary compensation, 58
operation of reparation mechanism,
processing of claims, 78
registration of victims, 170
restitution, 58
right to be heard, 76
seriousness level of human rights violations, 57
European Commission on Human Rights, 246
European Court of Human Rights
case load, , 249
changes in approach to subsidiarity,
co-applicability of human rights and international humanitarian law, 112
‘international law test’ of national reparation mechanisms,
inter-state complaints concerning large-scale violations during armed conflict,
jurisprudence on national reparation programmes,
and new Council of Europe Member States,
obligation to make reparations, 97
pilot judgment procedure,
‘public policy’ test of national reparation mechanisms,
quasi-pilot judgments,
rationale for approach to subsidiarity,
registration of victims, 170
remedial measures,
right to reparation, 174
standard approach to subsidiarity,
State responsibility, 111
strengthening of implementation of judgments,
subsidiarity, 14
testing of national reparation programmes, 252
Evans, Christine, 117
evidence, flexible standards of,
Extraordinary Chamber in the Courts of Cambodia, 59
Germany
compensation mechanisms, 101
incorporation of international law rules, 10
international rehabilitation after World War II, 116
post-World War I reparations, 20
post-World War II reparations, 23
recognition of right to reparation, 107
review of reparations procedures, 276
Greece, 46
Greenwood, Christopher, 112
Guillerot, Julie, 221
Honduras, 28
human rights
application to armed conflict,
backlash against, 282
definition of most serious violations, 165
democracies and violations of,
focus on individual victim, 13
gross violations and serious violations, 56
impact on right to reparation,
and international criminal law, 269
and international humanitarian law, 110,
interplay of national administrative reparation and regional human rights courts, , 181
massive violations, 176
neo-Marxist perspective on, 282
obligation to make reparations, 94
post-colonialist perspective on, 282
regional human rights courts. See European Court of Human Rights; Inter-American Court of Human Rights
regional instruments, 97
remedies for violations of, 31
right to reparation, , , 174
State obligation to respect and ensure, 180
subsidiarity and,
individuals
‘humanisation’ of international law, 281
‘individualisation’ of war, 280
obligation to make reparations,
recognition under human rights law and international law, 92
Indonesia, 160
Inter-American Court of Human Rights
awards, 168
and change in nature of litigation,
and change to democracy,
and changes in types of human rights violations perpetrated,
compensation measures,
definition of reparation measures, 147
design of reparation policies, 158
examination of large-scale rights violations, 158
identification of recipients of reparation, 168
implementation of right to reparation, 14,
‘international law test’ of national reparation mechanisms,
and national reparation programmes,
obligation to make reparations, 97
‘public policy’ test of national reparation mechanisms,
and regional political context,
rehabilitation measures,
restitution and development measures, 204
testing of national reparation programmes, 252
‘transformative’ reparation, 278
International Committee of the Red Cross
International Court of Justice
applicable law, 53
co-applicability of human rights and international humanitarian law, 112
lump sum settlements, 70
recognition of right to reparation, 271
right to reparation, 174
State responsibility, 112
victim-oriented focus, 44
international courts
establishment of, 32
‘qualified deference’ to national laws, 14
recognition of right to reparation, 270
victim-oriented focus,
International Criminal Court
collective reparations awards, 60
crime of aggression, 55
defendants, 269
establishment of, 32
individual liability, 64
liability for reparations, 280
processing of claims, 80
recognition of right to reparation, 108
referrals to, 117
right to equal treatment without discrimination, 76
right to reparation, 266
seriousness level of human rights violations, 57
victim-oriented focus, 22,
international criminal law
and human rights, 269
interaction with other subfields of international law, 269
international humanitarian law
applicable law as to violations of, 54
armed groups, legal responsibility of, 280
human rights and, 110,
ius ad bellum, 55
recognition of individual claimants, 268
remedies for violations of, 31
right to reparation,
international law
harms caused by violations of,
‘humanisation’ of, 281
incorporation in national laws, 10
interaction between subfields of, 269
‘international law test’ of national reparation mechanisms, 14,
interplay with national laws, 265,
limitations of, 283
pluralist discourse on, 265
‘proceduralisation’ and, 277
violation of,
International Law Association
Declaration of International Law Principles on Reparation for Victims of Armed Conflict (2010), 56, 58, 65, 280
registration of victims, 172
right to access effective reparation mechanism, 169
seriousness level of human rights violations, 56
types of harm, 58
International Military Tribunal (Nuremberg), 22
International Military Tribunal for the Far East (Tokyo), 22
international organisations. See also international courts
testing of national implementation of right to reparation, 14
Iraq, 7, 54, 58, 79, 87, 116, See also Commission for the Resolution of Real Property Disputes in Iraq
ius ad bellum. See international humanitarian law Japan
bilateral reparations agreements, 25
domestic reparation cases, 48
right to reparation, 174
and San Francisco, Treaty of (1951), 25
juridical persons as victims, 60
Madsen, Mikael Rask, 246
Magarrell, Lisa, 221
marginalised communities, ,
Marxist perspective on human rights, 282
Mexico, 279
national laws
balance between legal mechanisms and political mechanisms,
examples of reparation programmes,
features of reparation programmes,
focus on groups of victims, 13
international law rules as part of, 10
‘international law test’ of, 14
interplay with international law, 265,
lump sum reparations settlements before 1990s,
obstacles to reparation claims, 17
‘proceduralisation’ and, 277
‘public policy’ test of national reparation implementation, 14
‘public policy’ test of national reparation mechanisms,
and regional human right courts, , 181
reparations law before before World War II,
settlement of World War II reparations claims,
neo-Marxist perspective on human rights, 282
Nepal, 143
Netherlands, 101
Nuremberg war crimes trials, 22
Permanent Court of Arbitration, 116
Permanent Court of International Justice, 67
political mechanisms for reparation,
post-colonialist perspective on human rights, 282
procedure
adequacy of, 12
advantages of comprehensive and large-scale reparation processes,
definition of procedural mechanisms,
enhancement of implementation by subsidiarity,
estimation of funding requirements,
procedural right to reparation,
‘proceduralisation’ at international-national law interface, 277
refinement of procedural obligations, 276
registration of victims,
rules for implementation,
standardised measures,
victim-oriented, 16
‘public policy’ test of national laws, 14,
racial discrimination, 95
reconstruction policies, 173
refugees, assistance programmes, 173
regional human rights courts. See European Court of Human Rights; Inter-American Court of Human Rights
reparations
bilateral agreements, 25
collective, ,
definition of, 177
definition of reparation measures,
denial of, 66
designing of reparation policies,
forms of, 2,
in international law,
limitation of claims, 67
lump sum settlements before 1990s,
obligation to make, , 92
settlement of World War II claims,
‘transformative’ reparation, 278
Resolution 1988/11, 30
right to be heard,
right to reparation
academic arguments about, 89
balance between legal mechanisms and political mechanisms,
collective right,
developments towards, , 266
future prospects for,
history of,
human rights impact on,
human rights law and, , , 174
implementation as problem issue, 283
implementation mechanisms, 114
international humanitarian law,
legal foundations for individual right,
level of entitlement, 272
limitations of law as to, 283
obstacles to, 17
practical realisation of,
realisability of individual right, 90
right to access effective reparation mechanism, , 169
and right to be heard,
and right to equal treatment without discrimination,
as social process, 16
and transitional justice, 90
Romania, , 251
Special Court for Sierra Leone, 62
Speck, Anne Katrin, 245
State responsibility
‘effective control’ concept, 111
elements of basis of, 111
interaction with other subfields of international law, 269
States
abuse of subsidiarity, 190
bilateral reparations agreements, 25
obligation to respect and ensure human rights, 180
subsidiarity. See also European Court of Human Rights; Inter-American Court of Human Rights
abuse of by States, 190
enhancement of implementation of reparation right,
and human rights,
importance of,
Suez Crisis (1956), 27
Taiwan, reparations agreement with Japan, 25
Tokyo war crimes trials, 22
torture, 95
‘transformative’ reparation, 278
Trindade, Antônio Cançado, 281
Tuyuc, Rosalina, 150
Ukraine, 249
United Nations
ad hoc reparation mechanisms,
victim-oriented focus,
United Nations Charter, 94
United Nations Compensation Commission
choice of arbitration mechanism, 85
design of reparation policies, 158
identification of recipients of reparation, 168
and ius ad bellum, 54
monetary compensation, 65
operation of reparation mechanism,
property claims, inclusion of, 146
right to be heard, 76
United Nations Congresses on the Prevention of Crime and the Treatment of Offenders, 29
United Nations Crime Prevention and Criminal Justice Programme, 29
United Nations General Assembly. See also ‘Basic Principles’ for reparations (UNCHR) (2005)
Resolution 1988/11, 30
Sub-Commission on the Prevention of Discrimination and Protection of Minorities, 30
United Nations Human Rights Committee
‘effective control’ concept, 111
recognition of right to reparation, 96
United Nations Secretary-General, report on rule of law and transitional justice in conflict and post-conflict societies (2004), 30, 73, 76
United Nations Working Group on Enforced Disappearances, 167
United States, right to reparation, 174
Updated Set of Principles for the Protection and Promotion of Human Rights through Action to Combat Impunity (UNCHR) (2005), 33, 65, 72, 74, 75
claims by juridical persons, 60
competence, 58
and organised armed groups, 63
Uruguay, 111
Venezuela, 218
Versailles, Treaty of (1919), 20
victims
causation between harm and violation of international law,
choice of arbitration mechanism,
collectivity of,
elements of definition of,
harms caused by violations of international law,
inclusion in reparation programmes,
juridical persons, 60
marginalised communities,
occurrence of harm to, 58
persons to be redressed,
recognition of right to reparation, 270
registration of, ,
UN focus on,
Vietnam War, 27
World War I, 20
World War II
reparation cases in Germany and Japan,
settlement of reparations claims,
Zegveld, Liesbeth, 106
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