The right to reparation in international law for victims of armed conflict / Christine Evans.

By:

Evans, Christine (E. Christine)

Material type: Text

TextSeries: Cambridge studies in international and comparative law ; 91.Publication details: Cambridge ; New York : Cambridge University Press, 2012.Description: 1 online resource (xx, 277 pages)Content type:

text

Media type:

computer

Carrier type:

online resource

ISBN:

9781139518796
1139518798
9781139096171
1139096176
9781139516938
1139516930
1280774126
9781280774126
9781107417052
1107417058
1107231213
9781107231214
1139508229
9781139508223
9786613684899
6613684899
1139517864
9781139517867
1139515284
9781139515283
1139514369
9781139514361

Subject(s): Genre/Form:

Electronic books.

Additional physical formats: Print version:: Right to reparation in international law for victims of armed conflictDDC classification:

340.9 22

LOC classification:

KZ6785 .E93 2012eb

Other classification:

LAW051000

Online resources:

Click here to access online

Contents:

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?

Summary: 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.

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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.