The Right to Reparation in International Law for Victims of Armed Conflict

ISBN-13: 9781107019973 / Angielski / Twarda / 2012 / 298 str.

Christine Evans

Opis

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.

Recenzje

'Evans presents a clear and detailed overview of the rights of victims of armed conflict to receive reparation, and her book [is] recommended to any reader who wishes to study this evolving area of law. She provides a thorough exploration of state responsibility, emerging norms and relevant jurisprudence in Part I, with a focus in Part II on practice in four case studies, Guatemala, Sierra Leone, East Timor and Colombia.' Johanna Herman, Nordic Journal of Human Rights

Spis treści

1. Introduction, objectives and method; Part I. Responsibility and Legal Standards: 2. State responsibility, the international legal order and development of legal norms for victims; 3. Human rights jurisprudence on reparations, international and regional; 4. Victims' rights in international criminal law; 5. Legal state of play: convergence of international law and reparation as an individual legal right with customary recognition; Part II. Transferring Standards into Reality: 6. The role of the UN, promotion of victims' rights and reparations in practice; 7. Case study: reparations in Guatemala; 8. Case study: reparations in Sierra Leone; 9. Case study: reparations in East Timor; 10. Case study: reparations in Colombia; 11. Reparations in practice: comparative analysis of practice, lessons learnt and future challenges; 12. The right to reparation and implementation of the legal norm: emerging convergence of law and practice?