To see the other types of publications on this topic, follow the link: Reparation Commission.
Journal articles on the topic 'Reparation Commission'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Reparation Commission.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Meiring, P. G. J. "Reparasie, die onbetaalde rekening van die Waarheids- en Versoeningsproses." Verbum et Ecclesia 21, no. 2 (September 9, 2000): 301–15. http://dx.doi.org/10.4102/ve.v21i2.1260.
Full textAbstract:
Reparations, the unpaid account of the Truth and Reconciliation ProcessThe author contends that the final question about the contribution of the South African Truth and Reconciliation Commission will not be whether the Human Rights Violations Committee or even the Amnesty Committee were successful in their respective tasks of collecting data, as well as holding numerous victims' and amnesty hearings throughout the country, but concerns the question of reparation to the victims of apartheid. Raising his concern about the fact that government was slow to act upon the TRC’s reparation proposals, he underlines the reasons why proper reparation was of supreme importance to the victims as well as to the nation. After discussing the five categories of reparation proposals, the author suggests a number of areas where the faith communities in the country have a unique and significant contribution to make.
2
McElderry, Cathy, and V. Nikki Jones. "Ending Our Silence." Advances in Social Work 21, no. 4 (February 26, 2022): 1246–60. http://dx.doi.org/10.18060/24414.
Full textAbstract:
The U.S. has never fully addressed the legacy of chattel slavery and institutionalized racism. H.R. 40 – Commission to Study and Develop Reparation Proposals/Processes for African Americans Act presents an opportunity to engage in a national discourse on the topic of federal reparations for the injustices of slavery and the present-day impact. The intent of the bill is to establish a commission to examine remedies for slavery and institutionalized discrimination. Enacting this bill is an important step in acknowledging the fundamental injustices of slavery. Social work, as a profession, has yet to acknowledge a position on this important issue. The historical context of reparations and institutionalized discrimination are presented to initiate a dialogue and call to action among social workers. Social workers are in a unique position to play an integral role in addressing the issues challenging passage of H.R. 40. The advocacy expertise of social workers situates them to support reparations as a policy priority that aligns with the cardinal values of the profession. Through capacity-building, the social work profession can dispel the myths and fears associated with reparations and move H.R. 40 forward.
3
Namakula, Catherine S. "Reparations without reparation: A critique of the Germany–Namibia Accord on colonial genocide." African Yearbook on International Humanitarian Law 2021 (2021): 46–66. http://dx.doi.org/10.47348/ayih/2021/a2.
Full textAbstract:
Reparation is meant for effect: to make amends. The offer of EUR 1,100 million by the Federal Republic of Germany to the Republic of Namibia, in an agreement of June 2021, for the genocide committed during the colonial-era occupation encourages debate about the categorisation and effect of the payment in the fields of human rights and international criminal justice. The genocide was characterised by the loss of the lives of thousands of people among the Nama and Herero of Namibia between 1904 and 1908. In a pioneering analysis, this article reiterates the principles of reparation in international criminal jurisprudence as a yardstick for this significant gesture of remorse. Reparations must meet both procedural and substantive requirements: they must be proportional, appropriate, prompt and adequate, and they must culminate from a process that ensures the meaningful participation of victims and judicious regard for all relevant factors and circumstances. Reparations for the sake of it, without the remedial effect, make a mockery of justice. An agreement for development aid, however generous, cannot meet the standards of reparation for gross human rights violations. It does not oust the jurisdiction of a competent court on the matter and the pre-emptive clause intended to make the financial component in the Germany–Namibia Accord conclusive is unenforceable. This significant discourse must be guided by clearly set standards to avoid replicating the power dynamics which characterised the commission of the crimes that are intended to be addressed. Furthermore, the distinct treatment of victims on the basis of race and colonial history is repugnant and not defensible. A formidable institutional framework is needed for reparations for the trans-Atlantic trade and trafficking in enslaved Africans and colonial crimes, comprising a United Nations independent mechanism and a specialised committee of the African Union, supported by national committees of the respective countries.
4
Asare, Abena Ampofoa. "The Ghanaian National Reconciliation Commission: Reparation in a Global Age." Global South 2, no. 2 (October 2008): 31–53. http://dx.doi.org/10.2979/gso.2008.2.2.31.
Full text
5
Heiskanen, Veijo, and Robert O’Brien. "UN Compensation Commission Panel Sets Precedents on Government Claims." American Journal of International Law 92, no. 2 (April 1998): 339–50. http://dx.doi.org/10.2307/2998046.
Full textAbstract:
While the public’s attention has recently focused on the United Nations Special Commission on Iraq (UNSCOM) and its weapons inspection activities, the United Nations Compensation Commission (UNCC or Commission), another ad hoc UN body created pursuant to Security Council Resolution 687 in the aftermath of the Persian Gulf war, has been making steady progress in resolving the war reparation claims asserted against Iraq. Nonetheless, the UNCC is under increasing pressure to speed up the claims review process and complete its work expeditiously.
6
Wilson, Richard J. "Restoration of Historical Memory and Dignity for Victims of the Armenian Genocide." International Criminal Law Review 14, no. 2 (March 13, 2014): 332–42. http://dx.doi.org/10.1163/15718123-01401003.
Full textAbstract:
This article argues that United Nations human rights principles and new developments in the Inter-American Commission on Human Rights and the European Court of Human Rights suggest a route to provide effective reparation through restoration of historical memory and dignity for victims of the Armenian Genocide.
7
Aiyub Kadir, M. Yakub, and Firmanila Firmanila. "Reparating Women’s Rights Violation Within Aceh Truth and Reconciliation Commission (TRC)." Udayana Journal of Law and Culture 4, no. 1 (January 31, 2020): 21. http://dx.doi.org/10.24843/ujlc.2020.v04.i01.p02.
Full textAbstract:
The establishment of Aceh TRC is based on the 2005 peace agreement between the Indonesian Government and the Free Aceh Movement (GAM), which then regulated under Act No. 11 year 2006 on Governing of Aceh, and was manifested through the Aceh Qanun No. 17 year 2013 on Aceh TRC. Three years later, the commissioner of Aceh TRC was chosen and inaugurated by Aceh House of Representative on July 2016. This paper investigates Aceh TRC and its progress in fulfilling the rights of women as the victim of Aceh’s conflict, challenges and some recommendation for better implementation of TRC. Using a normative and empirical research, this paper found that Aceh TRC is an institution to uncover the truth of the past human rights violations, to achieve reconciliation and to recommend a comprehensive reparation. Currently (May 2019), Aceh TRC is collecting data to achieve the first goal that is uncovering the truth, while the rights of women as victim in Aceh’s conflict is remain alienated. It is recommended that Aceh TRC should implement the urgent reparations as soon as possible considering the condition of the women’s victim and their rights, and also for the central and provincial government to be supportive in terms of financial and moral support.
8
Burton, Mary. "Custodians of Memory: South Africa's Truth and Reconciliation Commission." International Journal of Legal Information 32, no. 2 (2004): 417–25. http://dx.doi.org/10.1017/s0731126500004236.
Full textAbstract:
South Africa is widely admired for its peaceful transition from a period of discrimination and oppression to a legitimate functioning democracy in which human rights are recognized and protected by the Constitution and the courts. Nevertheless, it is still a country traumatized by its recent past. There is a great need for building and strengthening processes of development, reparation, reconciliation and the healing of painful memories. The country has just celebrated National Heritage Day, and these memorial occasions are important in reminding us all of how far we have come, and the people and events which brought us to this point.
9
Karadjova, Mariana. "Property Restitution in Eastern Europe: Domestic and International Human Rights Law Responses." Review of Central and East European Law 29, no. 3 (2004): 325–63. http://dx.doi.org/10.1163/1573035042132932.
Full textAbstract:
AbstractThis article presents an overview of how those East European countries that are members of the Council of Europe have approached the problems of restitution as a means of reparation for past injustices. In doing so, attention will be paid to: the entitled persons and the extent of restitution; the underlying motivations vis-à-vis the form of reparation (restitution in kind or compensation), and attitudes towards minority groups and foreigners as part of the restitution process. Emphasis will also be given to the role played by international instruments (the ECHR and its future Protocol 12, the International Covenant on Civil and Political Rights, various UN resolutions, etc), as well as by judicial institutions (the European Court of Human Rights, the UN Human Rights Committee) in the evolution of the restitution process in Eastern Europe in general, and regarding such issues as equality between foreigners and nationals as well as minority and religious groups and the elaboration of an international standard of restitution as reparation for abuses of human rights in particular. The bodies of the ECHR have managed to avoid problems related to restitution and reparations for past injustices by arguing that the right of restitution is not guaranteed by art.1 of Protocol 1 to the the ECHR. But the entry into force of a new Protocol 12 to the Convention will likely result in changes being made in this thought process, at least as regards the position of foreigners. If measures denying restitution, owing to the claimant's nationality, were taken after ratifi cation of Protocol 12, the way should be opened in the future to foreigners (in addition to procedures before the UN Human Rights Committee) to more effectively defend their rights relative to such restorative measures: notably, the possibility of seizing the Strasbourg Court with claims relating to justifi cation for "unequal treatment". The right to remedy the injustices committed to the victims of violations of human rights and international humanitarian law has appeared with increasing frequency on the agenda of the UN Commission on Human Rights. Furthermore, in its recent case law, the UN Human Rights Committee has evidenced a concern over several questions relating to the respect of possessions; it has already opted for the proposition that any discrimination on the basis of nationality in restitution legislation can be deemed to be a violation of the International Covenant on Civil and Political Rights. Lastly, after ratifi cation of Protocol 12, we can expect a link to be forged between the vision of the UN Commission on Human Rights and that of the European Court of Human Rights that may—in the future—lead to the elaboration of a common international mechanism regulating restitution as a means for the reparation of abuses of human rights.
10
Prabowo, Rian Adhivira, and Kukuh Budi Mulya. "Tawaran Model KKR Indonesia Dalam Penyelesaian Pelanggaran Ham Berat Masa Lalu Dengan Sejumlah Pengalaman Pembanding." JURNAL HUKUM, POLITIK DAN KEKUASAAN 2, no. 1 (December 15, 2022): 54–83. http://dx.doi.org/10.24167/jhpk.v2i1.5648.
Full textAbstract:
: How a nation contront it’s past is one of the topics on studies of transititonal justice. Since Constitutional Court nullified Indonesian TRC Law 27/2004, reconciliation in Indonesia has entered a status quo. This paper explores possibilities on regulating the future of Indonesian reconciliation law based on three points of departures: (i) the dynamics on regulating reconciliation in Indonesia, (ii) precedents from Constitutional Court’s decisions, and (iii) lesson learned from South Africa and Chile’s TRCs. Using normative legal approach, this paper proposes four reconciliation models: (i) legal policy with amnesy, (ii) legal policy without amnesty, (iii) political policy, and (iv) an alternative model with the formation of Reparation Commission. This paper concludes the last offered model as the least resort for fulfilling victims’ rights on reparation while anticipating future legal/political policy on reconciliation.
11
Koko, Sadiki. "Implementing transitional justice in post-transition Central African Republic: What viable options?" African Human Rights Law Journal 21, no. 2 (December 31, 2021): 1–31. http://dx.doi.org/10.17159/1996-2096/2021/v21n2a38.
Full textAbstract:
The Central African Republic currently is in search of the most suitable approach to adopt in order to address serious crimes and human rights violations committed in the country in recent years. This article is a contribution to the ongoing debate relating to transitional justice options in post-transition CAR. It suggests a three-pronged policy; focusing on the perpetrators, the victims and on society generally. The proposed policy in respect of perpetrators refers to the International Criminal Court, the Special Criminal Court and the national judiciary. Amnesty could be granted to suspected perpetrators willing to cooperate fully with transitional justice institutions. Such individuals equally could be subjected to diverse forms of lustration in exchange for forgiveness. As far as victims are concerned reparation programmes should be adopted and the necessary skills provided in order to enable them, their relatives and communities to earn a living. Lastly, society-focused transitional justice initiatives could involve the effective operationalisation of the Truth, Justice, Reparation and Reconciliation Commission, the establishment of a permanent national peace and dialogue commission and the involvement of community-based mechanisms and religious leadership. Yet, in order to increase the likelihood of success for the proposed transitional justice policy, the overall capacity of the CAR state ought to be significantly improved. Furthermore, external polities will have to refrain from interfering in the country's internal affairs and, at the same time, the international community should increase its support of the CAR.
12
Makunya, Trésor Muhindo. "Overcoming challenges to the adjudication of election-related disputes at the African Commission on Human and Peoples' Rights: Perspectives from the Ngandu case." African Human Rights Law Journal 22, no. 2 (January 25, 2023): 1–24. http://dx.doi.org/10.17159/1996-2096/2022/v22n2a3.
Full textAbstract:
The African Commission on Human and Peoples' Rights is increasingly taking on the role of a regional electoral adjudication body in resolving election-related human rights violations. While this role is essential because of the contested nature of elections in Africa and the inability of many national election resolution mechanisms to sanction election irregularities, the African Commission must master the intricacies of election dispute resolution in member states for its recommendations to be based on sound legal principles. Its decision in the Ngandu case provides an opportunity to assess the nature of some of the challenges faced by the Commission when adjudicating election-related disputes and how to overcome these. In this decision, the African Commission found that the Democratic Republic of the Congo had violated the complainant's right to defence, to political participation and to work following the annulment of his election as a member of the National Assembly by the country's interim Constitutional Court (the Supreme Court of justice). The analysis of the case suggests that, despite the African Commission's ability to re-affirm the relevance of the right to political participation for the consolidation of democracy in Africa and protecting the right to a fair trial and to work, it must address three types of challenges in its role as election-adjudication body using the procedural mechanisms provided for in both the African Charter and the Rules of Procedure. These challenges are the knowledge of electoral justice systems operating in the DRC and Africa at large; the impossibility of restitution as a form of reparation; and the state's participation in proceedings and the implementation of recommendations.
13
Quiroga, José, and Elizabeth Lira. "The military coup in Chile in 1973, the immediate reaction of international organisations, and the founding of the first rehabilitation program for torture victims in 1977." Torture Journal 32, no. 1-2 (June 13, 2022): 113–32. http://dx.doi.org/10.7146/torture.v32i1-2.131916.
Full textAbstract:
This paper documents the historical steps of the immediate reactions of the United Nations, Amnesty International, the World Council of Churches (WCC), the Inter-American Commission on Human Rights, and lawyers’ organisations in support of the victims of torture and others suffering gross violations of their human rights, as perpetrated by the Chilean military from 1973 to 1990. This article is also the history of the founding of the first rehabilitation programs for torture victims in Chile in 1977 and the other care programs for victims under local and international churches’ protection during the worst period of the militarydictatorship. The actions of denunciation and defense of the victims were possible through national and international networks sustained in collaborative work from inside and outside Chile, which lasted for 17 years. The results and lessons learned projected the creation of new commissions, funds, and international networks that continue today in the international arena. The rehabilitation programs under the dictatorship began as a solidarity response to the needs of victims The rehabilitation programs, born during the dictatorship, projected their practice and experience to create a comprehensive health program as part of the State’s reparation measures. The testimonies of the victims made it possible to understand the consequences of human rightsviolations on individuals and society. State policies and civil society actions have sought to contribute to the reparation of victims through rehabilitation actions directly. This paper is part of the memory of that past by reconstructing the solidarity actions of denunciation and rehabilitation, and the details of which are often unknown.
14
Jug, Jadranko. "Odgovornost za štetu i naknada štete počinjene ratnim zločinom." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 39, no. 1 (2018): 601–28. http://dx.doi.org/10.30925/zpfsr.39.1.20.
Full textAbstract:
<span>War crimes are the most serious criminal offences, which in terms of their characteristics are related to violations of the rules of international law during a war, armed conflict and occupation. One of the consequences of the commission of war crimes is material and non-material harm, caused as a rule to a large number of people. Therefore liability for damages and reparation of the harm caused to the victims of war crimes is equally as important as the criminal prosecution of the perpetrators themselves. In the territory of the Republic of Croatia and neighbouring Bosnia and Herzegovina, wars and armed conflicts were waged in recent history, and war crimes were committed. Still today criminal proceedings and proceedings for payment of damages and reparation for the harm that was caused are being conducted against the perpetrators and the responsible persons. Regarding liability for damages for the war crimes committed, the state will very often appear alongside the wrongdoer as the responsible person, and as a result the question will arise of the expiration of the statute of limitations for reparation towards a state. It is also important to differentiate war damage and acts of terrorism from a possible war crime and, regarding payment of damages to victims of war crimes, it is necessary to conduct rapid and efficient compensation proceedings. The subject of this paper is an analysis of the legislation and case law related to liability for damages and the harm caused by war crimes. The paper first explains the terminology and the differences between a war crime, war damage and an act of terrorism, and then liability is discussed for the harm caused by war crimes and reparation of that harm.</span>
15
Sand, Peter H. "Catastrophic Environmental Damage and the Gulf War Reparation Awards: The Experience of the UN Compensation Commission." Proceedings of the ASIL Annual Meeting 105 (2011): 430–33. http://dx.doi.org/10.5305/procannmeetasil.105.0430.
Full text
16
Fadhil, Moh. "Impunitas Dan Penerapan Keadilan Transisi: Suatu Dilema Penyelesaian Kasus Pelanggaran HAM Berat di Masa Lalu." PETITUM 8, no. 2 (October 22, 2020): 100–113. http://dx.doi.org/10.36090/jh.v8i2.817.
Full textAbstract:
This research aims to examine efforts to fulfill transitional justice through its four windows. The method used is normative legal research with conceptual and historical approaches. The results showed that the problem of impunity inhibited in all transitional justice windows, starting from the truth window in the absence of the Truth and Reconciliation Commission, the justice window in the form of a justice mechanism that caused friction between the National Human Rights Commission and the Attorney General's Office, the reparation window which until now only Aceh and Palu have real programs for victims and survivors, institutional reform windows that have not reduced the total security approach and the absence of vetting mechanisms. Therefore, a policy reformulation process is needed in the Human Rights Court Law to strengthen the position of the NHRC and immediately discuss the TRC Bill, accelerate reparations and institutional reform programs
Penelitan ini bertujuan untuk menelaah upaya pemenuhan keadilan transisi melalui empat jendela. Metode yang digunakan adalah penelitian hukum normatif dengan pendekatan konseptual dan pendekatan sejarah. Hasil penelitian menunjukkan bahwa problem impunitas menghambat di semua jendela keadilan transisi, mulai dari jendela kebenaran berupa ketiadaan KKR, jendela keadilan berupa mekanisme peradilan yang menimbulkan friksi antara Komnas HAM dengan Kejaksaan Agung, jendela reparasi yang hingga saat ini baru Aceh dan Palu yang memiliki program yang nyata bagi para korban dan penyintas dan jendela reformasi institusi yang belum mereduksi total pendekatan keamanan serta ketiadaan mekanisme seleksi terhadap rekam jejak anggota militer. Oleh karena itu, dibutuhkan proses reformulasi kebijakan pada UU Pengadilan HAM dan segera membahas RUU KKR, percepatan program reparasi dan reformasi institusi.
17
Pathak, Professor Bishnu. "A Comparative Study of World’s Truth Commissions —From Madness to Hope." World Journal of Social Science Research 4, no. 3 (June 29, 2017): 192. http://dx.doi.org/10.22158/wjssr.v4n3p192.
Full textAbstract:
<em>The objective of this paper is to explore the initiatives and practices of different countries in truth seeking. Many countries during the post-conflict, colonial, slavery, anarchical and cultural genocide periods establish the Truth Commissions to respond to the past human wrongdoings: crimes and crimes against humanity. Enforced Disappearances (ED), killings, rapes and inhumane tortures are wrongdoings. Truth Commission applies the method of recovering silences from the victims for structured testimonies. The paper is prepared based on the victim-centric approach. The purpose reveals the piecemeal fact-findings to heal the past, reconcile the present and protect the future. The study covers more than 50 Commissions in a chronological order: beginning from Uganda in 1974 and concluding to Nepal in February 2015. Two Commissions in Uruguay were formed to find-out enforced disappearances. Colombian and Rwandan Commissions have established permanent bodies. The Liberian TRC threatened the government to submit its findings to the ICC if the government failed to establish an international tribunal. The Commissions of Bolivia, Ecuador, Haiti, former Yugoslavia and Zimbabwe were disbanded, and consequently, their reports could not be produced. No public hearings were conducted in Argentina and former Yugoslavia. It is noted that only 8 public hearings in Ghana, 8 national hearings in East-Timor and 15 in Brazil were conducted. Moroccan Commission held public hearings after signing the bond paper for not to disclose the names of the perpetrators whereas Guatemala did not include the perpetrators’ names in the report. The Shining Path’s activists are serving sentences based on civil-anti-terrorist court, but Alberto Fujimori is convicted for 25 years. Chadian Commission worked even against illicit narcotics trafficking. The UN established its Commissions in Sierra Leon, El Salvador and East-Timor, but failed to restore normalcy in Kosovo. Haiti prosecuted 50 perpetrators whereas Guatemala prosecuted its former military dictator. The Philippines’ Commission had limited investigation jurisdiction over army, but treated the insurgents differently. In El Salvador, the State security forces were responsible for 85 percent and the non-state actors for 15 percent similar to CIEDP, Nepal. The TRCs of Argentina, East-Timor, Guatemala, Morocco, Peru and South Africa partially succeeded. Large numbers of victims have failed to register the complaints fearing of possible actions. All perpetrators were controversially granted amnesty despite the TRC recommendation in South Africa. The victims and people still blamed Mandela that he sold out black people’s struggle. Ironically, the perpetrators have received justice, but the victims are further victimized. As perpetrator-centric Government prioritizes cronyism, most of the Commissioners defend their respective institution and individuals. Besides, perpetrators influence Governments on the formation of Truth Commission for ‘forgetting the victims to forgive the perpetrators’. A commission is a Court-liked judicial and non-judicial processes body, but without binding authority except Sierra Leone. Transitional Justice body exists with a five-pillar policy: truth, justice, healing, prosecution and reparation. It has a long neglected history owing to anarchical roles of the perpetrators and weak-poor nature of the victims. Almost all TRCs worked in low budget, lack of officials, inadequate laws and regulations, insufficient infrastructures and constraints of moral supports including Liberia, Paraguay, Philippines, South Africa, Uganda and Nepal. The perpetrators controlled Governments ordered to destroy documents, evidences and testimonies in their chain of command that could have proven guilty to them.</em>
18
Chaparro, Laura. "The Right to Truth in Colombia's Comprehensive System of Truth, Justice, Reparation, and Non-Repetition. A Direct Approach to the Intrinsic Relationship between its Mechanisms and Objectives." Nuevo Derecho 18, no. 31 (December 15, 2022): 1–15. http://dx.doi.org/10.25057/2500672x.1462.
Full textAbstract:
The peace deal between the Colombian Government and the former Revolutionary Armed Forces of Colombia established the Comprehensive System of Truth, Justice, Reparation, and Non-Repetition, comprised of the Truth, Coexistence, and Non-Repetition Commission, the Special Jurisdiction for Peace, and the Unit for the Search of Persons Presumed Disappeared in the context and because of the armed conflict. This set of mechanisms guarantee the rights to truth, justice, reparation, and measures of non-recurrence as stipulated in the Final Agreement for the Termination of the Armed Conflict and the Construction of a Stable and Lasting Peace. One of its most critical and imperative aspects is the right to truth for the victims of serious human rights violations and their relatives. This right, conceived primarily as a human right, coexists with the other three pillars of transitional justice, interacting and complementing them. This paper aims to define the content of the right to truth in the three bodies that make up the Comprehensive System, to conclude that, although each mechanism pursues a different kind of truth, there is a bond of complementarity between them, addressing the rights of its victims and their needs, structuring a collective memory on the war in Colombia.
19
Jennings, R. Y. "The Judiciary, International and National, and the Development of International Law." International and Comparative Law Quarterly 45, no. 1 (January 1996): 1–12. http://dx.doi.org/10.1017/s0020589300058632.
Full textAbstract:
TheAnnual Digest of Public International Law Cases—the ancestor of theInternational Law Reports—was first published “under the direction” of the Department of International Studies of the London School of Economics. The “chief inspirers”, to use Fitzmaurice's phrase, were Arnold McNair and Hersch Lauterpacht, the latter then on the teaching staff of the School. There was also an Advisory Committee of Sir Cecil J. B. Hurst, a former President of the Permanent Court of International Justice and later Legal Adviser to the Foreign Office; W. E. Beckett, also of the Foreign Office; A. Hammarksjöld, the Registrar of the Permanent Court of International Justice, and Sir John Fischer Williams of Oxford and the Reparation Commission.
20
Krabbe Boserup, Louise, and Mariama Mohammed Cissé. "Accessibility―A Precondition for Reparation? The Case of the Nigerien Commission on Human Rights and Fundamental Freedoms." Human Rights in Development Online 7, no. 1 (2001): 137–60. http://dx.doi.org/10.1163/221160801x00081.
Full text
21
Hillemanns, Carolin F. "UN Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with regard to Human Rights." German Law Journal 4, no. 10 (October 1, 2003): 1065–80. http://dx.doi.org/10.1017/s2071832200016643.
Full textAbstract:
The United Nations Sub-Commission for the Promotion and Protection of Human Rights unanimously approved the “Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with regard to Human Rights” (the Norms) on 13 August 2003. Together with the interpretative Commentary, the Norms constitute an authoritative guide to corporate social responsibility. They are the first set of comprehensive international human rights norms specifically aimed at and applying to transnational corporations and other business entities (companies). They set out the responsibilities of companies with regard to human rights and labor rights, and provide guidelines for companies in conflict zones. They prohibit bribery and provide obligations with regard to consumer protection and the environment. General provisions of implementation include the obligation to provide reparation for a failure to comply with the Norms.
22
Evseev, Aleksandr. "Transitional justice in Colombia: unrealized potential." Meždunarodnoe pravosudie 10, no. 4 (2020): 77–99. http://dx.doi.org/10.21128/2226-2059-2020-4-77-99.
Full textAbstract:
The article analyzes the theoretical and practical problems that arise during the construction of the Colombian model of transitional justice. The latter is viewed as a combination of judicial and quasi-judicial means, with the help of which it becomes possible to achieve a peaceful settlement after the end of the civil war of 1964–2016. Particular attention is paid to the socio-political context and mass sentiments prevailing in Colombian society regarding the legitimacy of transferring the Anglo-American construction of Transitional Justice to Latin America. The so-called “Integrated System of Truth, Justice, Reparation and Non-Repetition”, which is a consolidated version of the four main elements of transitional justice: criminal prosecution, truth seeking, reparations to the innocent victims and “deal with the past”, is being studied in detail. In particular, the author dwells on the issue of amnesties for participants in an armed conflict, the activities of the “truth commission” and compensation payments to victims of mass violence. In addition, the article examines the activities of the Colombian Special Jurisdiction for Peace, the relevant statistical data are provided. The “Santrich case” is mentioned as a marker of negative trends that continue to grow in the activities of a new jurisdiction. The conclusion is that the legal means of resolving the conflict are secondary, albeit of absolute importance, in comparison with political agreements, to which all participants of the process of national reconciliation sometimes are not ready organizationally and psychologically.
23
Carranza Ko, Ñusta. "South Korea’s collective memory of past human rights abuses." Memory Studies 13, no. 6 (October 23, 2018): 1113–28. http://dx.doi.org/10.1177/1750698018806938.
Full textAbstract:
Embedded in transitional justice processes is an implicit reference to the production of collective memory and history. This article aims to study how memory initiatives become a crucial component of truth-seeking and reparations processes. The article examines South Korea’s Truth and Reconciliation Commission and the creation of collective memory through symbolic reparations of history revision in education. The South Korean Truth and Reconciliation Commission recommended a set of symbolic reparations to the state, including history rectification reflective of the truth on human rights violations. Using political discourse analysis, this study compares the South Korean Truth and Reconciliation Commission’s Final Report to the 2016 national history textbook. The article finds that the language of human rights in state sponsored history revisions contests the findings of the truth commission. And in doing so, this analysis argues for the need to reevaluate the government-initiated memory politics even in a democratic state that instituted numerous truth commissions and prosecuted former heads of state.
24
Yunus, Muhammad. "Korban Penghilangan Paksa pada Konflik Aceh; Upaya Pemulihan dan Pemenuhan Hak Korban Melalui Mekanisme KKR Aceh." Jurnal Adabiya 24, no. 1 (February 21, 2022): 95. http://dx.doi.org/10.22373/adabiya.v24i1.12637.
Full textAbstract:
Conflict victims are important entities in maintaining peace. However, after 16 years of peace in Aceh, there are still many victims and families of conflict victims who have not fully received attention, especially the families of victims of enforced disappearances during the Aceh conflict. Indeed, they need certainty about the whereabouts or status of their missing family members. This study examines the status of victims of enforced disappearances during the Aceh conflict and what rights of victims or victims' heirs can be resolved through the mechanism of the Truth and Reconciliation Commission. This research uses the perspective of history, law and human rights. The data used come from various sources. The data are then analysed, narrated and described qualitatively. The results of the study indicate that there are several steps that can be taken to carry out the rights of victims and families of victims of enforced disappearances, namely through a court decision process, in the context of Aceh carried out by the Mahkamah Syar'iyah. Courts need to establish legal status for victims as a form of recognition that enforced disappearances occurred during the conflict. After obtaining legal certainty, the next step is to accomplish the right of reparation through the Commission of Truth and Reconciliation. Then, followed by granting residence status; provision of missing person certificate; compensation for deceased victims; memorialization of victims; and excavation of mass graves.
25
Leman-Langlois, Stéphane. "Mobilizing Victimization." Criminologie 33, no. 1 (October 2, 2002): 145–65. http://dx.doi.org/10.7202/004732ar.
Full textAbstract:
Abstract The "Truth and Reconciliation" commission (TRC) was implemented following the first democratic elections in South Africa in order to bring to light the brutality of the apartheid regime, to offer individual amnesty to persons responsible, and to compensate victims. From the outset, an important aspect of its emergent legitimizing discourse concerned the role and the needs of victims of brutality - whether victims of the former authoritarian government or of the liberation movements - within a rhetoric of "national reconciliation". The TRC's definition was to correspond to a notion of criminal justice that excluded any response of direct punishment or compensation: the proposed amnesty would relieve of responsibility all those to whom it applied.This context gave rise to a highly specific discourse concerning victims of "past conflicts", a discourse created within a precise range of nuances that were designed to make the TRC conceptually compatible with its public image, and vice versa. In evidence was the gradual construction of a language that allowed the Commission to be described in positive terms of satisfying needs, of respect for a greater, more honest and more universal ethical basis than that of retribution, of successful national reconciliation, etc. The propagation and effectiveness of this language were indispensable considering the concurrent dominant discourse about criminal justice in general, which maintained a hard line with regard to crime and which resulted in practice in an uncontrolled inflation of the penal population (two blocks away from the Commission's headquarters, parliament considered such solutions as corporal punishment, the establishment of prisons in abandoned mines, etc.) According to the Commission's discourse, victims identified two common fundamental outcomes of their victimization: their need for financial assistance, and their desire to know the truth. This desire for truth was manifested in two forms: first, the need to know the truth concerning the matter itself, for example, the disappearance of loved ones, and secondly, the restoration of individual dignity through an official and public acknowledgment of their victimization. Whether these outcomes in fact corresponded to the reality experienced by victims themselves tends to be a question of secondary importance, since the organization of the Commission's discourse allowed perfect integration of their testimonies, their attitude, and even their actual participation. This integrative power is to a great extent the result of the characteristic form both of testimonies made to the Commission and of statements concerning the participation by and satisfaction of its members: that is, the narrative form. Because of the great capacity of personal biographies to communicate the experience of injustice and of reparation compatible with the daily experiences of the general public, from these narratives may be drawn a normative language almost beyond reproach. Furthermore, each of the narratives, without exception extremely emotionally moving, included the Commission's role in the implicit or explicit denouement of victimization. The Commission's logic is further reinforced thereby, as it appears to be extracted from the actual experience of the persons who participated. In relating their narratives, victims provided the Commission with the necessary material to persuade other victims to participate in the process, to justify itself to the population of South Africa, and to meet its mandate of restoring dignity to victims. Such circularity is a natural element of all discourse, since it contains in its terms of reference the construction of its context, its subjects, its problems and its solutions. The Commission thus met its mission, primarily through a readjustment of its concepts and language but also by a concrete modification of social reality - if such a modification were possible, and possible to observe outside of the language used in its description. From the outset, "dignity" was very apparent not as an objective personal condition but as the outcome of a specific symbolic reality. Whether or not victims felt better following their visit to the Commission, or after the publication of its report, would have no effect on the general availability of a discourse of restored dignity to describe South African reality. On the contrary, the success of this enormous and costly institution, with its mission of rewriting the history of apartheid, could not fail to transform the social representation of its victims.
26
Rodríguez Reveggino, Bruno, and Ángel Becerra-Bolaños. "Transitional Justice after the COVID-19 Pandemic." International Journal of Environmental Research and Public Health 19, no. 19 (September 29, 2022): 12388. http://dx.doi.org/10.3390/ijerph191912388.
Full textAbstract:
The COVID-19 pandemic has been a real challenge for health systems and public policies. Both the pandemic and the measures taken to mitigate it have affected the freedoms and rights of the different sectors of society, especially the most vulnerable ones, and have increased the already existing structural inequalities. Consequently, the pandemic must be analyzed from the perspective of human rights. Transitional Justice (TJ) has proven to be useful after conflict situations, helping societies to confront abuses perpetrated and to find solutions for the future, as well as repairing damages that have arisen as a consequence of these conflicts in different areas. Thus, TJ processes have been successfully used after armed conflicts and during peace negotiations, to respond to abuses perpetrated in consolidated democracies, and even after environmental crises. Therefore, the creation of a “Truth and Reconciliation Commission for the COVID-19 pandemic”, which launches the TJ processes of truth, justice, reparation and guarantees of non-repetition can help to find solutions to conflicts arising from the pandemic in a simple way. In addition, it would establish the foundations to prevent the violation of human rights in similar situations to come.
27
Panfilov, Gleb. "Mechanisms of property compensation to victims of crimes: experience of foreign countries." Право и политика, no. 6 (June 2020): 1–14. http://dx.doi.org/10.7256/2454-0706.2020.6.32958.
Full textAbstract:
The subject of this research is the analysis of mechanisms of compensation for property damages causes by commission of a crime that are implemented in foreign legal systems. The object of this research is the texts of normative legal acts, case law materials from a number of European and Asian countries, as well as legal research on the topic. Familiarization with foreign experience of compensation for crime damages can present interest for Russian researchers, and serve as the basis for developing substantiated empirical recommendations on improvements to the system of current Russian legislation. The author determined a number of common development trends of the mechanisms of compensation of damages to the victims of crimes in foreign law. Among these trends are the recognition of the need to strengthen protection of the rights of victims; creation of several alternative mechanisms of compensation for criminal damages, with the choice left to the actual victim; creation of public compensation funds, intended to ensure reparation of the violated rights of citizens in cases where crime was unsolved or property of the criminal was insufficient to fully compensate damages incurred by the victim.
28
Leyva Morelos Zaragoza, Salvador. "The Mexican General Law on the Forced Disappearance of Persons, Disappearances Committed by Individuals and the National Missing Persons System: How Many Steps Forward?" Mexican Law Review 12, no. 1 (June 27, 2019): 125. http://dx.doi.org/10.22201/iij.24485306e.2019.2.13641.
Full textAbstract:
In 2017, more than 40 years after some of the first documented cases of forced disappearance in Mexico, the General Law on the Forced Disappearance of Persons, Disappearances Committed by Individuals and the National Missing Persons System was published. The approval and enactment of the General Law constitutes a step toward ensuring the free and full enjoyment of human rights of victims of forced disappearance and their next of kin, in accordance with the international human rights standards concerning forced disappearances established by international human rights treaties, the Inter- American Court of Human Rights case law, the recommendations issued by the United Nations Committee and Working Group on Forced or Involuntary Disappearances, and the Inter-American Commission on Human Rights. The General Law introduces and modifies institutions, procedures and guidelines that contribute to ensuring the rights to justice, truth and reparation. However, the General Law does not fully comply with international human rights standards regarding military jurisdiction and criminal responsibility within the chain of command. Also, the proper and effective implementation of the General Law requires strong political will and sufficient material and human resources from the three levels of government. Otherwise, the General Law will simply be regarded as a piece of paper.
29
Murray, Rachel, and Clara Sandoval. "Balancing Specificity of Reparation Measures and States’ Discretion to Enhance Implementation." Journal of Human Rights Practice 12, no. 1 (February 1, 2020): 101–24. http://dx.doi.org/10.1093/jhuman/huaa008.
Full textAbstract:
Abstract A recurrent statement when implementation of international orders or recommendations in individual cases is considered is the belief that greater specificity of the measures helps compliance. Our research project examined a number of decisions adopted by some of the UN treaty bodies, and the regional human rights commissions and courts, in Africa, the Americas and Europe, and attempted to trace the extent to which the reparations ordered by the supranational bodies were implemented by the state authorities. This article focuses primarily on the reparations ordered by the Inter-American, African and UN systems and attempts to define specificity, emphasizing that it refers to a constant process of refining and clarifying the meaning of different forms of reparation. Specificity is then ‘unpacked’ in terms of the content of the reparation, deadlines imposed, who is responsible and who is a victim, and how the decision is reasoned. In so doing, the article maintains that specificity must also be considered vis-à-vis the degree of discretion that is given (or not) to states to act on orders or recommendations given by supranational bodies in individual cases. We conclude that a more nuanced approach to specificity versus ambiguity is needed, tailored to each reparation, each state and each case.
30
Giliker, Paula. "ANALYSING INSTITUTIONAL LIABILITY FOR CHILD SEXUAL ABUSE IN ENGLAND AND WALES AND AUSTRALIA: VICARIOUS LIABILITY, NON-DELEGABLE DUTIES AND STATUTORY INTERVENTION." Cambridge Law Journal 77, no. 3 (September 24, 2018): 506–35. http://dx.doi.org/10.1017/s0008197318000685.
Full textAbstract:
AbstractThis paper will argue that, in the light of recent case law in the UK and Australia, a new approach is needed when dealing with claims for vicarious liability and non-delegable duties in the law of tort. It will submit that lessons can be learnt from a comparative study of these jurisdictions, notably by reflecting on the courts’ treatment of claims of institutional liability for child sexual abuse. In parallel to decisions of their highest courts, public enquiries in Australia and England and Wales, established to report on historic child sexual abuse and how to engage in best practice, are now reporting their findings which include proposals for victim reparation: see Royal Commission into Institutional Responses to Child Sexual Abuse (Australia, 2017) including its Redress and Civil Litigation Report (2015); Independent Inquiry into Child Sexual Abuse (Interim report, England and Wales, 2018). The Australian reports suggest reforms not only to state practice, but also to private law. This article will critically examine the operation of vicarious liability and non-delegable duties in England and Wales and Australia and proposals for statutory intervention. It will submit that a more cautious incremental approach is needed to control the ever-expanding doctrine of vicarious liability in UK law and to develop more fully its more restrictive Australian counterpart.
31
Bakker, Christine. "DUAL ATTRIBUTION OF ACTS COMMITTED BY A UN PEACEKEEPING FORCE: AN EMERGING NORM OF CUSTOMARY INTERNATIONAL LAW? THE DUTCH SUPREME COURT’S JUDGMENTS IN NUHANOVIÇ AND MUSTAFIĆ." Italian Yearbook of International Law Online 23, no. 1 (November 17, 2014): 287–97. http://dx.doi.org/10.1163/22116133-90230048.
Full textAbstract:
In two cases lodged by victims (or their relatives) of the massacre in Srebrenica in 1995, the Supreme Court of the Netherlands has taken a progressive stance on the interpretation of international law on the responsibility of States and international organizations for wrongful acts. The Supreme Court upheld the earlier decisions of The Hague Court of Appeal, confirming that the Netherlands can be held responsible for the death and injuries of these victims, despite the fact that the Dutch troops employed to protect this enclave were part of a United Nations (UN) peacekeeping force. By accepting the possibility of dual attribution of an internationally wrongful act to both the UN and the troop-sending State, it has departed from the restrictive approach adopted in current judicial practice, in particular by the European Court of Human Rights. In this note, the Supreme Court’s judgments are discussed, focusing on (i) the question of dual attribution of an international wrongful act, and (ii) the extraterritorial application of human rights treaties. It concludes that, although the Supreme Court’s reliance on two sets of Draft Articles of the International Law Commission without referring to any State practice is surprising, these judgments should be welcomed as significant precedents, which may contribute to the development of a norm of customary international law. They also constitute an important step towards ensuring access to justice and reparation for the victims of gross human rights violations, such as those committed in Srebrenica.
32
Bruskina, N. "KOMPENSACIJA IŠ VOKIETIJOS UŽ PRIVERČIAMĄJĮ DARBĄ ANTROJOPASAULINIO KARO METU EUROPOS ŽMOGAUS TEISIŲ TEISMO PRAKTIKOJE." Teisė 86 (January 1, 2013): 87–102. http://dx.doi.org/10.15388/teise.2013.0.1081.
Full textAbstract:
Straipsnyje analizuojama Europos Žmogaus Teisių Teismo (toliau – EŽTT arba Teismas) praktika bylose, susijusiose su kompensacija už priverčiamąjį darbą nacionalsocialistinio (toliau – nacių) režimo metais. Siekiama nustatyti, ar EŽTT turi kompetenciją nagrinėti pareiškimus, kuriuose ginčijamas priverčiamasis darbas šio totalitarinio režimo metais ir prašoma atlyginti žalą remiantis Europos žmogaus teisių ir pagrindinių laisvių apsaugos konvencijos (toliau – EŽTK arba Konvencija) nuostatomis. Daugiausia dėmesio straipsnyje skiriama EŽTT byloms, susijusioms su kompensacija iš Vokietijos fondo „Atmintis, atsakomybė ir ateitis“ (toliau – Vokietijos fondas): analizuojama, kokiais atvejais valstybė gali būti laikoma atsakinga už partnerinės organizacijos, mokančios kompensaciją, sprendimus, ir gali būti taikoma Konvencija; ar asmenys gali ginčyti normas, atimančias iš jų teisę į kompensaciją, ir ginčyti kompensacijos dydį; taip pat, koks yra EŽTT požiūris į teisminio ir administracinio (iš Vokietijos fondo) kompensacijos mokėjimo mechanizmus. Nagrinėjant pareiškimų priimtinumą EŽTT praktika lyginama su panašia ankstesne EŽTT ir Europos Žmogaus Teisių Komisijos (toliau – EŽT Komisija) praktika.The Article deals with the case-law of the European Court of Human Rights (hereinafter – ECtHR or Court) in cases related to the compensation for the forced labour during the National Socialist (hereinafter – Nazi) regime. It is sought to establish whether the ECtHR has competence to consider the applications, wherein the forced labour during this totalitarian regime is contested and compensation for it is demanded invoking the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter – ECHR or Convention). Particular attention is paid to the case-law of the ECtHR related to the compensation from the German Foundation “Remembrance, Responsibility and Future” (hereinafter – German Foundation): it is analyzed in which cases the member State can be responsible for the decisions of the partner organization, paying the compensation, and the Convention is applicable; whether the applicants can contest the norms divesting them of the right to the compensation and challenge the amount of the compensation; in addition, what is the stance of the ECtHR on the court and administrative (from the German Foundation) reparation mechanisms. Examining the admissibility of the applications the practice of the ECtHR is compared to the akin former practice of the ECtHR and the European Commission of Human Rights (hereinafter – EHR Commission).
33
Nollkaemper, André, Jean d’Aspremont, Christiane Ahlborn, Berenice Boutin, Nataša Nedeski, and Ilias Plakokefalos. "Guiding Principles on Shared Responsibility in International Law." European Journal of International Law 31, no. 1 (February 2020): 15–72. http://dx.doi.org/10.1093/ejil/chaa017.
Full textAbstract:
Abstract It is common in international practice that several states and/or international organizations contribute together to the indivisible injury of a third party. Examples thereof are aplenty in relation to climate change and other environmental disasters, joint military activities and cooperative actions aimed at stemming migration. Such situations are hardly captured by the existing rules of the law of international responsibility. In particular, the work of the International Law Commission, which is widely considered to provide authoritative guidance for legal questions of international responsibility, has little to offer. As a result, it is often very difficult, according to the existing rules of the law of international responsibility, to share responsibility and apportion reparation between the states and/or international organizations that contribute together to the indivisible injury of a third party. The Guiding Principles on Shared Responsibility in International Law seek to provide guidance to judges, practitioners and researchers when confronted with legal questions of shared responsibility of states and international organizations for their contribution to an indivisible injury of third parties. The Guiding Principles identify the conditions of shared responsibility (including questions of multiple attribution of conduct), the consequences of shared responsibility (notably, the possibility of joint and several liability) and the modes of implementation of shared responsibility. The Guiding Principles are of an interpretive nature. They build on the existing rules of the law of international responsibility and sometimes offer novel interpretations thereof. They also expand on those existing rules, backed by authoritative practice and scholarship, to address complex questions of shared responsibility.
34
Ahlborn, Christiane. "The Rules of International Organizations and the Law of International Responsibility." International Organizations Law Review 8, no. 2 (2011): 397–482. http://dx.doi.org/10.1163/157237411x634970.
Full textAbstract:
AbstractThis paper discusses the role of the so-called 'rules of the organization' in the draft Articles on the Responsibility of International Organizations (ARIO), as adopted by the International Law Commission (ILC) on second reading in 2011. Although the rules of the organization occupy a central place in the ARIO, the ILC has decided not to take a “clear-cut view” on their legal nature as either international law or internal law of the organization. This paper argues that the ILC's indecision has left the ARIO with a fluctuating scope of application concerning various provisions such as the attribution of conduct, the breach of an international obligation, the obligation to make reparation, and countermeasures against an international organization. The term of art 'rules of the organization' was developed by the ILC in its work on the law of treaties but has rarely been addressed in legal scholarship. Part 1 therefore first examines the legal nature of the different components of the so-called 'rules of the organization': the constituent instruments, the acts, and the established practice of the organization. While the constituent instruments are contracts between States at the moment of the creation of an international organization, it will be contended that they also operate as constitutions during the life of the organization, giving it the autonomy to create internal law in force between the subjects of its legal order, including its member States. In analysing the ARIO on second reading, Part 2 accordingly suggests reconceiving the rules of the organization as 'internal law' of the organization as long as it functions effectively, so as to appropriately reflect its constitutional autonomy for purposes of international responsibility.
35
Franklin, V. P. "COMMENTARY—REPARATIONS AS A DEVELOPMENT STRATEGY: THE CARICOM REPARATIONS COMMISSION." Journal of African American History 98, no. 3 (July 2013): 363–66. http://dx.doi.org/10.5323/jafriamerhist.98.3.0363.
Full text
36
Rivas-Medina, A., J. M. Gaspar-Escribano, B. Benito, and M. A. Bernabé. "The role of GIS in urban seismic risk studies: application to the city of Almería (southern Spain)." Natural Hazards and Earth System Sciences 13, no. 11 (November 5, 2013): 2717–25. http://dx.doi.org/10.5194/nhess-13-2717-2013.
Full textAbstract:
Abstract. This work describes the structure and characteristics of the geographic information system (GIS) developed for the urban seismic risk study of the city of Almería (southern Spain), identifying the stages in which the use of this tool proved to be very beneficial for adopting informed decisions throughout the execution of the work. After the completion of the regional emergency plans for seismic risk in Spain and its subsequent approval by the National Civil Defence Commission, the municipalities that need to develop specific local seismic risk plans have been identified. Hence, the next action is to develop urban seismic risk analyses at a proper scale (Urban Seismic Risk Evaluation – Risk-UR). For this evaluation, different factors influencing seismic risk such as seismic hazard, geotechnical soil characteristics, vulnerability of structures of the region, reparation costs of damaged buildings and exposed population are combined. All these variables are gathered and analysed within a GIS and subsequently used for seismic risk estimation. The GIS constitutes a highly useful working tool because it facilitates data interoperability, making the great volume of information required and the numerous processes that take part in the calculations easier to handle, speeding up the analysis and the interpretation and presentation of the results of the different working phases. The result of this study is based on a great set of variables that provide a comprehensive view of the urban seismic risk, such as the damage distribution of buildings and dwellings of different typologies, the mean damage and the number of uninhabitable buildings for the expected seismic motion, the number of dead and injured at different times of the day, the cost of reconstruction and repair of buildings, among others. These results are intended for interpretation and decision making in emergency management by unspecialised users (Civil Defence technicians and managers).
37
COLLINS, CATH. "Truth-Justice-Reparations Interaction Effects in Transitional Justice Practice: The Case of the ‘Valech Commission’ in Chile." Journal of Latin American Studies 49, no. 1 (August 30, 2016): 55–82. http://dx.doi.org/10.1017/s0022216x16001437.
Full textAbstract:
AbstractRecent thinking and practice in transitional justice suggest that victims and societies hold indivisible, perhaps even simultaneous, rights to truth, justice and reparations after gross human rights violations. This article analyses the advantages and drawbacks of such holistic approaches to transitional justice, through a case study of Chile's second official truth commission, the ‘Valech Commission’. The article illustrates the politics of ongoing contestation about authoritarian era crimes in Latin America, showing how and why the commission was designed to deliver on certain truth-and-reparations obligations towards survivors of past state repression, while attempting to explicitly decouple truth revelations from judicial consequences. It also discusses the implications of associating truth-telling and reparations in a single instance, and in doing so contributes to debates about the potentially contradictory or counterproductive outcomes that may arise from the yoking together of truth, justice and reparations functions in transitional justice policy design.
38
STRECKER, AMY. "Indigenous Land Rights and Caribbean Reparations Discourse." Leiden Journal of International Law 30, no. 3 (February 23, 2017): 629–46. http://dx.doi.org/10.1017/s0922156517000073.
Full textAbstract:
AbstractIn March 2014, a meeting of CARICOM states approved a ten-point plan of the Caribbean Reparations Commission to achieve reparatory justice for the victims of slavery, genocide and racial apartheid in the Caribbean. With assistance from the London-based law firm Leigh Day, the aim is to reach a negotiated settlement with the governments of Britain, France and the Netherlands. What makes this case different from previous discussions on Caribbean reparations is that the claim includes an indigenous component, with ‘native genocide’ included in the title and an ‘indigenous peoples’ development program’ included within the ten-point plan for reparations. Yet reparations are problematic in the Caribbean context due to the ongoing violation of indigenous rights internally. This article analyzes the various dimensions of the Caribbean reparations discourse with regard to contemporary indigenous communities in the region. It highlights the problems at regional level with regard to state responsibility and indigenous rights, particularly in relation to land, and argues that this presents a problematic element in the claim due to the fact that violations are being perpetrated against indigenous peoples by the same states who are representing them in the Caribbean Reparations Commission. Finally, it discusses the onus on European governments to acknowledge past wrongs and the potential of ‘cultural reparations’ to contribute to the Caribbean reparatory justice programme more generally.
39
Williams, Andrew. "Sir John Bradbury and the Reparations Commission, 1920-25." Diplomacy & Statecraft 13, no. 3 (September 2002): 81–102. http://dx.doi.org/10.1080/714000340.
Full text
40
Naldi, Gino J. "Reparations in the Practice of the African Commission on Human and Peoples' Rights." Leiden Journal of International Law 14, no. 3 (September 2001): 681–93. http://dx.doi.org/10.1017/s0922156501000346.
Full textAbstract:
The African Commission on Human and Peoples' Rights, which is mandated under the African Charter on Human and Peoples' Rights with promoting and protecting human rights in Africa, has attracted considerable criticism for being an ineffectual body. One of the complaints is that the Charter based regime lacks an effective system of remedies. This paper examines whether this criticism is justified. An analysis of the jurisprudence of the African Commission proves that the Commission is patiently constructing a concept of reparations which has some similarities with that developed by the UN Human Rights Committee.
41
Bradley, Samantha. "The Case for Transformative Reparations for Conflict-Related Sexual Violence in Rakhine State at the asean Intergovernmental Commission on Human Rights." Asia-Pacific Journal on Human Rights and the Law 20, no. 2 (December 4, 2019): 181–226. http://dx.doi.org/10.1163/15718158-02002003.
Full textAbstract:
This article addresses the question of whether Rohingya victims of conflict-related sexual violence (crsv) in Rakhine State in 2017 have recourse to transformative reparations at the Association of Southeast Asian Nations (asean) Inter-Governmental Commission on Human Rights (aichr). crsv was widespread during the August 2017 non-international armed conflict in Rakhine State. crsv also occurred in the context of longstanding subjugation of the Rohingya minority by the Government of Myanmar and Myanmar’s security forces perpetrating sexual violence against the Rohingya and other ethnic minorities. Transformative reparations for crsv are reparations intended to engender structural changes to improve victims’ circumstances and guarantee non-recurrence. An evaluation of asean’s human rights frameworks and the mandate, purposes and principles underpinning the aichr, reveals unexplored potential for transformative reparations for crsv at the aichr for Rohingya victims of crsv in Rakhine State in 2017. The asean Coordinating Centre for Humanitarian Assistance is well placed to coordinate the delivery of transformative reparations in Myanmar.
42
Gattini, A. "The UN Compensation Commission: Old Rules, New Procedures on War Reparations." European Journal of International Law 13, no. 1 (February 1, 2002): 161–81. http://dx.doi.org/10.1093/ejil/13.1.161.
Full text
43
Laplante, Lisa J., and Kimberly Susan Theidon. "Truth with Consequences: Justice and Reparations in Post-Truth Commission Peru." Human Rights Quarterly 29, no. 1 (2007): 228–50. http://dx.doi.org/10.1353/hrq.2007.0009.
Full text
44
Ferstman, Carla. "Reparations for Mass Torts Involving the United Nations." International Organizations Law Review 16, no. 1 (January 7, 2019): 42–67. http://dx.doi.org/10.1163/15723747-01601003.
Full textAbstract:
In recent years, UN peacekeepers have been accused of several mass torts causing significant injury to host populations. Using the International Law Commission’s Draft Articles on the Responsibility of International Organizations as a backdrop, this article charts the efforts taken by host populations to seek reparation for the harms they suffered and the responses of the UN to arguments about their institutional liability and the consequential obligations to afford reparation. The author argues that the misapplication of the lex specialis principle has been central to the UN’s avoidance strategies.
45
Palassis, Stathis N. "From The Hague to the Balkans: A Victim-oriented Reparations Approach to Improved International Criminal Justice." International Criminal Law Review 14, no. 1 (2014): 1–41. http://dx.doi.org/10.1163/15718123-01402003.
Full textAbstract:
The international crimes committed in the territory of the former Yugoslavia during the 1990s have been the subject of both State responsibility claims and prosecutions establishing individual criminal responsibility. On 26 February 2007 the International Court of Justice handed down its judgment in the Genocide case while it is expected that in 2014 the International Criminal Tribunal for the former Yugoslavia will conclude all appeals from prosecutions. While these initiatives contribute to the acknowledgement of the commission of international crimes they have not provided the victims with any financial reparations. Instead victims have had to make compensation claims under domestic law. The article examines how, in addition to the international initiatives at The Hague, a regionally focused victim oriented reparations approach can assist in attaining improved international criminal justice for international crimes committed during the Yugoslav wars. A victim oriented reparations approach would enhance victims’ rights through the provision of financial reparations, reflect improved international criminal justice and assist in the attainment long-term stability in the war-torn States of the former Yugoslavia.
46
Stanley, Elizabeth. "Evaluating the Truth and Reconciliation Commission." Journal of Modern African Studies 39, no. 3 (September 2001): 525–46. http://dx.doi.org/10.1017/s0022278x01003706.
Full textAbstract:
Following a negotiated transition to democracy in South Africa, the Truth and Reconciliation Commission (TRC) was established to deal with crimes of the past regime. Despite the detail of submissions and the length of the Final Report, this article highlights the partiality of truth recognised by the Commission. The usefulness of acknowledged truth to deal with South Africa's past is shown to have been neutralised by wider concerns of social and criminal justice. In detailing the governmental reticence to provide reparations, the judicial disregard to pursue prosecutions, and the dismissal of responsibility for apartheid at a wider social level, the author argues that opportunities for reconciliation and developmental change are limited. Against the problems of crime, violence and unresolved land issues, the potential of the TRC to build a ‘reconciliatory bridge’ is called into question. The truth offered by the Commission increasingly appears of limited value.
47
Wassgren, Hans. "The UN Compensation Commission: Lessons of Legitimacy, State Responsibility, and War Reparations." Leiden Journal of International Law 11, no. 3 (September 1998): 473–92. http://dx.doi.org/10.1017/s092215659800034x.
Full textAbstract:
The United Nations Claims Commission (UNCC) was set up by the UN Security Council to process claims submitted by victims of the war between Iraq and the Coalition Forces (1990–1991). From an institutional point of view, the UNCC is a curious creation, assuming the form of a hybrid between an administrative claims procedure and an international tribunal. This article will highlight some of the difficulties with the institutional model chosen and focus on the institutional, as well as the normative legitimacy of the UNCC, whereby particular attention is devoted to Iraq's participation in the procedure.
48
Schliesser, Christine. "Wegmarken einer Theologie der Versöhnung." Evangelische Theologie 82, no. 1 (February 1, 2022): 52–63. http://dx.doi.org/10.14315/evth-2022-820108.
Full textAbstract:
Abstract The establishment of numerous truth and reconciliation commissions worldwide in states in transition processes has helped the concept of reconciliation gain increasing attention, not only in political discourses. This article then sketches out, from a theological-ethical perspective, the milestones of a theology of reconciliation, including remembrance, repentance and confession of guilt, forgiveness as well as justice and reparation.
49
Torres, Felix E. "Revisiting the Chorzów Factory Standard of Reparation – Its Relevance in Contemporary International Law and Practice." Nordic Journal of International Law 90, no. 2 (April 9, 2021): 190–227. http://dx.doi.org/10.1163/15718107-bja10023.
Full textAbstract:
Abstract The Chorzów Factory standard of reparation has been consolidated in the mind-set of international actors since the International Law Commission’s Articles on State Responsibility were adopted in 2001. This article analyses to what extent the recent case law of the International Court of Justice and other international practice concerning injury to aliens and property rights, especially expropriations, reflect the Chorzów Factory standard. It does so by considering whether ‘full reparation’ is the central issue in international disputes that involve state responsibility, if restitutio in integrum prevails over other forms of redress, and if the amount of compensation is established in light of the principle of ‘full reparation’. The interaction between the secondary rules of state responsibility and the primary rules of expropriation will be considered in investor-state disputes. In addressing these questions, the role that adjudicating bodies understand they play in international law and the interests pursued by stakeholders – states and private investors – are examined.
50
Farquharson, J. "Marshall Aid and British policy on reparations from Germany, 1947–1949." Review of International Studies 22, no. 4 (October 1996): 361–79. http://dx.doi.org/10.1017/s0260210500118625.
Full textAbstract:
The object of this article is to examine the impact of the Marshall Plan (ERP) on the strategy of reparations from Germany that was pursued by the British government in the postwar era. In order to put this into some kind of context it will first be necessary to provide a brief survey of the mechanism of reparations and then of the rationale behind the system of financial assistance afforded by the USA to Western Europe known as Marshall Aid (its title derived from the US Secretary of State, George Marshall, who pioneered the scheme). The idea of extracting some form of compensation from Germany, to be apportioned among the victors, came to be debated in Whitehall during hostilities, but little attempt was made to coordinate plans among the Allies until the conference at Yalta in February 1945. No consensus could be attained there among the participants (the UK, the USA and the USSR). Stalin lodged a claim for $10 billion of reparations in ten years, which entailed that the Soviet Union would be allocated half of all payments from Germany. The lack of assent from the Western powers led to a new body, the Allied Reparations Commission (ARC), being convened in Moscow, which also failed to reach a conclusion. Reparations were then settled at the Potsdam Conference between the same three powers in July–August 1945.