9781139096171 (ebook) 9781107019973 (hardback) 9781107417052 (paperback)
Cambridge studies in international and comparative law (Cambridge, England : 1996) ; 91.
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.
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Formatted Contents Note
Introduction State responsibility, the international legal order and the development of legal norms for victims Human rights jurisprudence on reparations, international and regional Reparations in international criminal law Conclusions Part I : legal state of play : convergence of international law and reparation as an individual legal right with customary recognition The role of the UN and the promotion of victims' rights and reparations in practice Case study : reparations in Guatemala Case study : reparations in Sierra Leone Case study : reparations in East Timor Case study : reparations in Colombia Conclusions Part II : reparations in practice : comparative analysis of practice, lessons learnt and future challenges Final remarks : the right to reparation and implementation of the legal norm : emerging convergence of law and practice?