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| Author | : Cristián Correa |
| Publisher | : Cambridge University Press |
| Total Pages | : 303 |
| Release | : 2020-12-17 |
| Genre | : Law |
| ISBN | : 1108480950 |
Three experts address reparation for victims of armed conflict, drawing on international law practice, human rights courts, and domestic law.
| Author | : Cristián Correa |
| Publisher | : Cambridge University Press |
| Total Pages | : 303 |
| Release | : 2020-12-17 |
| Genre | : Law |
| ISBN | : 1108574440 |
Are victims of armed conflict entitled to reparation, which legal rules govern the question, and how can reparation be implemented? These key questions of transitional justice are examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. They discuss how regional human rights case law, international criminal law, the practice of ad hoc international bodies, and domestic practice give rise to a right to reparation. This right emerges out of the interplay between international and domestic law. The problems of mass claims, fragile statehood, and the high risk of marginalisation of particular groups of victims are addressed. The analysis is alert to the current backlash against international legal institutions, and to the practical constraints in making post-conflict law work. The multiperspectivism of the trialogical setting exposes the divergence and complementarity of the authors' approaches and leads to a richer understanding of the law of reparation.
| Author | : Cristián Correa |
| Publisher | : |
| Total Pages | : |
| Release | : 2021 |
| Genre | : International law and human rights |
| ISBN | : 9781108628877 |
"The Max Planck Trialogues on the Law of Peace and War have so far dealt with Selfdefence Against Non-State Actors1 and with Law Applicable to Armed Conflict.2 After taking up pressing topics of the ius contra bellum and ius in bello in these first two volumes, the third volume focuses on reparation for victims of armed conflict and thus is dedicated to the ius post bellum.3"--
| Author | : Francesca Capone |
| Publisher | : Series on Transnational Justice |
| Total Pages | : 275 |
| Release | : 2017 |
| Genre | : Children and war |
| ISBN | : 9781780684383 |
"This book offers an analysis of the existing normative framework regulating the right to reparation for child victims of armed conflict. The study questions whether the current framework is sufficiently developed to provide child victims with adequate, effective and prompt reparations; furthermore it presents and critically assesses the judicial and non-judicial mechanisms in place as well as the reparations awarded and implemented so far at the international and regional level. The research stems from the need to fill a gap in the current literature on transitional justice, in particular on the right to reparation. Even though reparations are well-established legal measures in several domestic judicial systems all over the world, in transitional periods reparations are not just a means to redress the harm suffered by the victims of wrongful acts, but they also seek to contribute to the reconstitution or the constitution of a new political community in the aftermath of an armed conflict. The overview of the relevant cases and materials provided in this book helps pave the way for reparations that are effective, adequate, prompt, and in line with the international standards set forth by the Convention of the Rights of the Child (CRC) and other instruments. This book ultimately strives to highlight the shortcomings of the existing mechanisms and it points out the main issues that need to be improved and/or overcome in pursuance of redress for child victims of armed conflict." -- Back cover.
| Author | : E. Christine Evans |
| Publisher | : Cambridge University Press |
| Total Pages | : 299 |
| Release | : 2012-06-28 |
| Genre | : Law |
| ISBN | : 1107019974 |
Christine Evans assesses the right to reparation for victims of armed conflict in international law and in national practice.
| Author | : Dr Christine Evans |
| Publisher | : |
| Total Pages | : 298 |
| Release | : 2014-05-14 |
| Genre | : Reparation (Criminal justice) |
| ISBN | : 9781139518796 |
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.
| Author | : Christian Marxsen |
| Publisher | : |
| Total Pages | : 110 |
| Release | : 2018 |
| Genre | : |
| ISBN | : |
The international law on reparation for victims of armed conflict is complex. Numerous subfields of international law are involved, among them international human rights law, international criminal law, international humanitarian law, and the law on State responsibility. In addition to this complexity, reparation-related questions are often highly politically charged. They are focal points of contestation about moral values, different conceptions of justice, and approaches to international law, including the status of the individual human being in this order. Against this backdrop, the collection of short essays explores whether and under which circumstances individuals have a right to reparation under international law. The introduction unpacks the legal dimensions and identifies the currently most controversial issues. One set of essays then analyses, from different angles, whether a right to reparation for individuals exists as a matter of law. Another set recounts experiences with the implementation of reparation mechanisms and discusses the challenges. A third group of essays addresses the role of domestic courts. The essays ('impulses') are one outcome of the Max Planck Trialogue workshop on reparation for victims of armed conflict, held in November 2017 in Berlin.
| Author | : Carla Ferstman |
| Publisher | : BRILL |
| Total Pages | : 790 |
| Release | : 2020-02-17 |
| Genre | : Law |
| ISBN | : 9004377190 |
Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity: Systems in Place and Systems in the Making provides a rich tapestry of practice in the complex and evolving field of reparations, which cuts across law, politics, psychology and victimology, among other disciplines. Ferstman and Goetz bring their long experiences with international organizations and civil society groups to bear. This second edition, which comes a decade after the first, contains updated information and many new chapters and reflections from key experts. It considers the challenges for victims to pursue reparations, looking from multiple angles at the Holocaust restitution movement and more recent cases in Europe, Asia, Africa, and the Americas. It also highlights the evolving practice of international courts and tribunals. First published in a hardbound edition, this second, fully revised and updated edition, is now available in paperback.
| Author | : Gary D. Solis |
| Publisher | : Cambridge University Press |
| Total Pages | : 923 |
| Release | : 2016-04-18 |
| Genre | : Law |
| ISBN | : 1107135605 |
This book introduces students to the essential questions of the law of armed conflict and international humanitarian law.
| Author | : Valentina Volpe |
| Publisher | : Springer Nature |
| Total Pages | : 427 |
| Release | : 2021-04-08 |
| Genre | : Law |
| ISBN | : 3662623048 |
The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.
