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Journal articles on the topic 'Reparations'
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1
Perez-Leon-Acevedo, Juan-Pablo. "Reparation Modalities at the Extraordinary Chambers in the Courts of Cambodia (ECCC)." Law & Practice of International Courts and Tribunals 19, no. 3 (November 27, 2020): 451–69. http://dx.doi.org/10.1163/15718034-12341431.
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Abstract In the last decade, the ECCC has ordered reparations for victims of the Khmer Rouge’s mass atrocities committed in Cambodia during the 1970s. Various scholars have examined those reparations ordered by the ECCC. Yet, this is the first academic piece to assess the ECCC’s reparation modalities under the UN Reparation Principles, which contain key standards on reparations for victims of atrocities. Overall, the ECCC has ordered important rehabilitation, satisfaction and guarantees of non-repetition measures to redress victims’ harm. This is a meaningful current development with regard to reparations for victims of atrocities. However, the ECCC’s reparation law and practice exhibits some important deficits under the UN Reparation Principles. At the ECCC, restitution and compensation are excluded and the range of guarantees of non-repetition has been limited. Nonetheless, these deficits must be considered within the ECCC’s mandate as an internationalised criminal court.
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Duthie, Roger, and Clara Ramírez-Barat. "Education as Rehabilitation for Human Rights Violations." International Human Rights Law Review 5, no. 2 (November 23, 2016): 241–73. http://dx.doi.org/10.1163/22131035-00502004.
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Reparations for human rights violations in the form of rehabilitation can include social services such as education. This can be a particularly appropriate form of reparation for victims who have experienced abuses that result in missed education as a lost opportunity. Reparations can be rehabilitative by directly responding to harms suffered by victims and their ensuing needs, thereby helping to reintegrate those victims into society and restoring to them a functional life. Education can be provided through an administrative program or policy as individual reparations, such as scholarships to victims, as collective reparations, such as the rebuilding of schools in communities hard hit by abuses, and as symbolic reparations, such as naming schools. Court decisions awarding education as a form of reparation have also contributed significantly to our understanding of education as rehabilitation. This article examines the contributions that education as rehabilitation can make to redress as well as the implementation challenges faced by initiatives that have attempted to do so.
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Gilmore, Sunneva. "Better Late than Never: Reparations for Sexual Violence in the Ntaganda case before the International Criminal Court." Journal of Human Trafficking, Enslavement and Conflict-Related Sexual Violence 2, no. 1 (July 8, 2021): 27–47. http://dx.doi.org/10.7590/266644721x16239186251242.
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The Prosecutor v Bosco Ntaganda case at the International Criminal Court (ICC) represents the long awaited first reparation order for sexual violence at the court. This will hopefully see the implementation of reparations for the war crimes and crimes against humanity of rape and sexual slavery among civilians and former child soldiers, after previous cases such as against Jean-Pierre Bembe and Laurent Gbagbo were acquitted of rape. This article drawing from the author's role as a reparation expert in the case, is a reflection on the challenges of designing and providing reparations at the ICC against convicted individuals, as well as amidst insecurity and the COVID-19 infectious disease pandemic. It begins by discussing how the Ntaganda reparation order expanded reparation principles for the first time since the Lubanga case, in particular for crimes of a sexual nature. This is followed by an outline of some of the harms as a result of sexual violence from the perspective of an expert with a medical background. The analysis then turns to the appropriate reparations in this case and the details contained within the chamber's reparation order. Final conclusions consider how the procedural and substantive elements of reparations in this case will be instructive to future cases that address sexual violence. Ultimately, key insights are offered on the modest contribution an appointed reparation expert can do in assisting a trial chamber in the reparation process.
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Yang, Yidou. "The Gap between the International Criminal Court and Victims: Criminal Trial Reparations as a Case Study." Laws 12, no. 4 (August 16, 2023): 72. http://dx.doi.org/10.3390/laws12040072.
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Although victims have the right to limited participation in trials and to seek reparations after sentencing, the legal structure of the International Criminal Court (ICC) prioritizes retributive justice over restorative justice and punishment over reparations. Thus, currently, although the perpetrators can be tried through the ICC, it is still difficult to obtain reasonable compensation for the damages suffered by the victims. On the one hand, the ICC’s reparation system may be restricted by the identity of the victim, ICC internal factors, and so on. The current structure of the ICC compensation system allows for hierarchical relationships between victims, while at the same time, there is tension between individual and collective types of compensation. These factors have led to a disconnect and gap between the protection of rights at the theoretical level and actual reparation. This dichotomy between the theoretical protection of the rights of victims and the real protection of victims in practice exists in the ICC. Victims are isolated from the field of vision due to potential repercussions. The idealistic illusion of justice is completed when the ICC stands on the stage and accepts the audience’s praise. However, for compensation in criminal courts, people are paying increasing attention to the legal process and content. In practice, the proportion of victims of international crimes is not low, and in some cases, victims are widespread. It can be seen that criminal compensation for victims is an issue that spans a vast range of people and regions. Nonetheless, there are still research gaps regarding reparation and other ideas of justice according to the ICC, how the ICC provides multifaceted safeguards for victims, and the limitations and influence of the mechanism of the ICC on the compensation of victims. Considering the above problems, this paper aims to analyze the International Criminal Court indemnity cases. This paper wishes to analyze reparations and other ideas of justice under the ICC, examining the approach of the ICC toward compensation for victims, where the ICC is heading regarding reparations for victims, how the reparations system works, and the advantages and disadvantages of the reparations system, as well as what are the potential problems of ICC related to reparations. What guarantees do the ICC’s mechanisms provide for victims to be able to receive reparations? How does the structure of the ICC reparations system conflict with victims’ reparations in practical terms? What are the potential obstacles and gaps between criminal trial reparations and victims? The first chapter wants to analyze the early Nuremberg tribunal, Tokyo tribunal, ICTY, and the ICTR by analyzing whether international criminal justice under these military tribunals was restorative justice or reparation justice and interspersed with analyses of reparation to victims under these tribunals. Then, it analyses it further about justice and reparation of the ICC, and it talks about the compensation for the victim and how the idea of compensation under the ICC has evolved. Using these arguments to analyze reparation and other different ideas of justice under the paly of ICC. The second chapter of the article analyzes the “participatate in trial for compensation”, “The limits of participating in trial”, “Safety protection for victims” to demonstrate the current protection and progress of the ICC system on the issue of victims’ compensation, this is because victims’ participation in the trial will bring a lot of help to the issue of compensation. The article analyses the significance and shortcomings of participation in a trial for compensation, which is necessary and meaningful to the issue of compensation because “participation in trial” and compensation are related and complementary to each other, as participation of the victims will bring a lot of help to the issue of compensation. The article analyses the section “Protection of the financial situation of victims: A possible alternative methods of reparation” because, to some extent, it can be seen as an alternative method of ICC compensation. The third chapter of the article hopes that by analyzing “Little compensation”, “The silence court put on victims’ rights of compensation”, “The ICC’s model of judicial administration remains optional” to argue and analyze how the structure of the ICC reparations system conflict with victim reparations in practical terms. Because the silence the court put on victims’ rights of compensation and the ICC’s model of judicial administration remains optional, both directly impact the issue of compensation. Chapter IV mainly aims to analyze some of the potential negative impacts of the ICC on victim reparations, specifically “The victim’s social death”, “Restrictions on “expression” between the victim and the court”, “Does the ICC hope to improve its attitude to victims?” to specifically analyze and argue these aspects of its potential negative impact on victim reparations. On this basis, this paper analyzes the gap between criminal trial reparations and victims to identify what negatives exist between the two.
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Mesquita, Judith Bueno de, Gen Sander, and Paul Hunt. "Rehabilitation and the Right to Health in Times of Transition." International Human Rights Law Review 5, no. 2 (November 23, 2016): 169–93. http://dx.doi.org/10.1163/22131035-00502002.
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The harm to health of victims of civil and political rights abuses has been a focus of some reparations programmes. Rehabilitation has been the primary form of reparation for harm to health. Is this current approach an appropriate response by reparations programmes to violations of the right to health during conflict or repression? Given the nature of right to health violations in conflict or repression, we suggest that reparations programmes should broaden their focus to also address not only the health consequences of civil and political rights violations, but also the destruction or neglect of the health system, and policies which harm health. We consider whether rehabilitation is the only suitable form of reparation for such abuses. We also consider the relationship between the fields of transitional justice and public health in periods of transition, including whether some conflict-related right to health violations should be addressed in the health sector rather than reparations programmes and, if so, how this can be done successfully.
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Korzeniewska-Lasota, Anna. "War Reparations From Germany: A Historical and Legal Perspective." Kwartalnik Prawa Międzynarodowego III, no. III (December 29, 2022): 38–58. http://dx.doi.org/10.5604/01.3001.0016.1822.
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On 23 August 1953, under a pressure exerted by USSR, the government of the Polish People's Republic issued a declaration on war reparations. Since then, Germany has adopted a stance that the problem of reparations had been definitively closed and Poland is no longer entitled to any claims for reparations. This article discusses the issue of war reparations from Federal Republic of Germany from a historical legal perspective, focusing in particular on the scope of the declaration made by the Polish government as well as its significance and effects. The author concludes that a duly represented state of Poland has never waived reparation claims from Germany.
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Moffett, Luke, and Clara Sandoval. "Tilting at windmills: Reparations and the International Criminal Court." Leiden Journal of International Law 34, no. 3 (May 21, 2021): 749–69. http://dx.doi.org/10.1017/s092215652100025x.
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AbstractMore than 20 years on from the signing of the Rome Statute, delivering victim-centred justice through reparations has been fraught with legal and practical challenges. The Court’s jurisprudence on reparations only began to emerge from 2012 and struggles to find purchase on implementation on the ground. In its first few cases of Lubanga, Katanga, and Al Mahdi the eligibility and forms of reparations have been limited to certain victims, subject to years of litigation, and faced difficulties in delivery due to ongoing insecurity. This is perhaps felt most acutely in the Bemba case, where more than 5,000 victims of murder, rape and pillage were waiting for redress, and the defendant was not indigent, but where he was later acquitted on appeal, thereby extinguishing reparation proceedings. This article critically appraises the jurisprudence and practice of the International Criminal Court (ICC) on reparations. It looks at competing principles and rationales for reparations at the Court in light of comparative practice in international human rights law and transitional justice processes to consider what is needed to ensure that the ICC is able to deliver on its reparations mandate. An underpinning argument is that reparations at the ICC cannot be seen in isolation from other reparation practices in the states where the Court operates. Reparative complementarity for victims of international crimes is essential to maximize the positive impact that the fulfilment of this right can have on victims and not to sacrifice the legitimacy of the Court, nor quixotically strive for the impossible.
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Gonzalez-Salzberg, Damian A. "Queering Reparations Under International Law: Damages, Suffering, and (Heteronormative) Kinship." AJIL Unbound 116 (2022): 5–9. http://dx.doi.org/10.1017/aju.2021.75.
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It is a long-standing principle of international law that every breach of an international obligation that results in harm gives rise to a duty to make adequate reparation. Reparations can take different forms, from the ideal of full restitution to the provision of satisfaction, and the payment of compensation. Notwithstanding reparation's main aim––to ameliorate, if not eradicate, the detrimental consequences of an internationally wrongful act–– it also serves other purposes, such as reinforcing the authority of the norm breached, acknowledging the injury, and recognizing the bearer of harm (the victim). This essay adopts a queer approach to examine the role played by reparation–– in particular, compensation––in determining what (and whose) suffering matters to international law. With a focus on internationally wrongful acts that result in deprivation of life, this piece discusses who is seen as worthy of redress when a violation of the right to life has taken place, as this, in turn, speaks volumes about who is seen as legally entitled to suffer, to mourn and, ultimately, to love. This essay argues that reparation orders from international human rights courts offer a valuable opportunity for re-evaluating––and perhaps even overcoming––heteronormative understandings of kinship.
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Theriault, Henry C. "Reparations for Genocide: Group Harm and the Limits of Liberal Individualism." International Criminal Law Review 14, no. 2 (March 13, 2014): 441–69. http://dx.doi.org/10.1163/15718123-01401015.
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In recent years, there has been a handful of lawsuits billed as attempts to gain reparations for the Armenian Genocide. These suits, however, have concerned only ancillary wrongs done to individuals, not the culpable harm done to the Armenian group as a whole through genocide. As such, these suits do not actually pursue reparations for the Armenian Genocide. Not only do awarded or negotiated reparations not function to address the damage done by the Armenian Genocide as a force of group destruction – a force whose consequences remain debilitating today politically, economically, culturally, and socially – but the basis of the cases is not the genocide. In fact, misrepresented as genocide reparations cases, they displace genuine reparation claims. The focus on individual suits and exclusion of genuine group reparations are a function of the limits of the Western liberal individual intellectual and political system that grounds international law. Only through fundamental changes in the guiding assumptions of that system will adequate, that is, true group reparations become viable.
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Zegveld, Liesbeth. "Victims as a Third Party: Empowerment of Victims?" International Criminal Law Review 19, no. 2 (April 1, 2019): 321–45. http://dx.doi.org/10.1163/15718123-01806002.
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This article examines whether victims can claim rights of their own before international criminal courts. These courts remain divided on the role of victims. Even when they allow victims to participate and claim reparation, it is a restricted participation. Before the icc victims have a third-party role, being merely additional to the procedure. What’s more victims are treated collectively. They are assigned a collective representative, their right to choose legal counsel thus not being an absolute right. Due to the high number of victims and with an apparent wish to bring as many victims as possible in the procedure, also reparations are granted collectively. Reparations are provided to victims and communities even if they have not applied for reparations, setting aside individual claims. The result is that victims are the target of reparation, they are treated as objects rather than subjects who can demand a remedy.
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Lira, Elizabeth. "Reflections on Rehabilitation as a Form of Reparation in Chile after Pinochet’s Dictatorship." International Human Rights Law Review 5, no. 2 (November 23, 2016): 194–216. http://dx.doi.org/10.1163/22131035-00502003.
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This article considers the Programme for Reparation and Integral Health Assistance for Victims of Human Rights Violations (prais) in Chile. It includes a summary of the reparations programmes implemented in Chile from 1990 to 2004, to redress the human rights violations suffered by victims of Pinochet’s dictatorship (1973–1990). The Health Programme was created in 1991 and reinforced by law in 2004. It has been the principal reparation measure for victims of human rights violations adopted in Chile, including third-generation relatives. This article puts them in context and assesses achievements and challenges of the reparations programme.
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Galatzer-Levy, Benjamin. "Reparation and Reparations: Towards a Social Psychoanalysis." Psychoanalysis, Culture & Society 12, no. 3 (August 27, 2007): 226–41. http://dx.doi.org/10.1057/palgrave.pcs.2100132.
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Andersen, Astrid Nonbo. "Hvornår er sager om historiske uretfærdigheder forældede? – dynamikken mellem historieforståelse, erstatningskrav og retsopgør." Slagmark - Tidsskrift for idéhistorie, no. 60 (March 9, 2018): 53–67. http://dx.doi.org/10.7146/sl.v0i60.103988.
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The Durban Conference in 2011 brought international attention to the question of the descendants of victims of slavery and colonialism were entitled to reparations. Shortly after the Durban Conference several cases were filed in the USA by amongst other The Herero People Reparation Corporation claiming reparations from the German State for the Genocide on the Herero-people in 1904-07. These types of cases raise a host of complex questions – amongst others the question of when a historical injustice is too old to be subject for reparations. But as this paper explores the answer to this question depends not only on law but also the dominating politics of history, political will, and historical consciousness. A fact that might also have some influence on the Danish debate on reparations for slavery in the former Danish West-Indies.
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Sommer, Christian G., and Victorino F. Sola. "The implementation of reparations in the Inter-American human rights system." American Yearbook of International Law 1, no. 1 (January 15, 2023): 429–521. http://dx.doi.org/10.12681/ayil.33043.
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Reparations as a consequence of the harm suffered by individuals is a general principle of law, recognized by States as a mechanism to compensate for the harm caused by others. In the regional systems for the protection of human rights, the courts have made important advances throughout their operation in generating progressive interpretations of the principle of reparations as a consequence of human rights violations by States. In the inter-American human rights system, the role of the Inter-American Court of Human Rights has had an important evolutionary development on the interpretations of how States should repair violations committed in their territories.
As has already been indicated in the international arena as well as by national courts, reparation for the harm caused is not simply the payment of sums of money. This would be the simplest form that States would have for having caused human rights violations or even crimes against humanity. For this reason, the Inter-American Court, since its first case, has been indicating to the States that economic reparation is only one part of the State's obligation to make reparations. The most important judgments that the regional Court has indicated in its 40 years are marked by the so-called “non-pecuniary reparations”. In other words, reparations that seek to ensure that the events that occurred do not happen again, that the States commit to train their officials in human rights and respect for persons, build schools, hospitals, and roads to improve the living conditions of the victims, etc.
For further more about this evolution, this paper develops the main jurisprudence of the Inter-American Court on reparations and how international law has already set important standards to be applied by States.
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Hamilton, Tomas, and Göran Sluiter. "Principles of Reparations at the International Criminal Court: Assessing Alternative Approaches." Max Planck Yearbook of United Nations Law Online 25, no. 1 (December 23, 2022): 272–317. http://dx.doi.org/10.1163/18757413_02501018.
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While the Rome Statute of the International Criminal Court requires the judges of the Court to establish principles of reparations, the existing case law is developing on shaky doctrinal foundations, failing to take into account legal sources, particularly from national civil torts systems, that offer vital law and practice that could inform the Court’s reparations orders. This article evaluates the legal basis of the existing reparations case law of the Court, arguing that undue prominence has been given to soft law human rights instruments while a lack of reference to the framework methodology in Article 21 of the Rome Statute has left the reparations principles weakly articulated. There are alternatives that the Court could consider in future, notably an increased role for and coordination with national justice systems, the potential for drawing on reparation rules from national torts systems, and the relevance of the lex loci damni principle. The article assesses these alternatives and proposes routes forward for the Court’s reparations practice based on the Rome Statute’s legal mandate.
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Baiden, Regina Akosua Dede. "In the Aftermath of Reparations: The Experiences of Female Beneficiaries of Ghana’s Reparations Programme." Journal of Peacebuilding & Development 14, no. 1 (April 2019): 22–35. http://dx.doi.org/10.1177/1542316619835124.
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With increased attention to the needs of women in conflict and post-conflict situations, a multitude of resolutions on Women, Peace and Security have been adopted at the international level. Security Council Resolutions 1325, 1820, and 2122 all reflect an increased recognition of the need to engage, monitor, and increase women’s participation in post-conflict recovery process. Although scholars on reparations have focused on the benefits that a gendered perspective brings to reparations programmes, scare research exists on the experiences of women years after the acquisition of reparation. This article investigates the lived experiences of female beneficiaries of Ghana’s reparations programme 8 years after completion of the programme. It highlights the violence experienced by four female beneficiaries of the programme, showing the long-term impacts of violence on their lives. The article reveals the reparations programme’s inability to adequately address the effect of violence on the lives of female beneficiaries.
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Bimasatria, Narashangsa, and Nuraeni Nuraeni. "Namibian-German Diplomacy in colonial reparations (2011 – 2021)." Masyarakat, Kebudayaan dan Politik 37, no. 4 (December 20, 2024): 390–402. https://doi.org/10.20473/mkp.v37i42024.390-402.
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Namibia’s history as a German Empire “mandate” from the 1884-1885 Berlin Conference builds a diplomatic relation characterized by the push for reparations. This research aims to study the Namibian-German diplomacy in colonial reparations as a best practice basis in navigating the complex relationship between an ex-colony and its ex-colonizer to achieve reconciliation, particularly between 2011 – 2021 where reparations between the two countries showed concrete progress. Using qualitative methods, this research is guided by the Van Boven Bassiouni principles, the Abuja Proclamation, and Paulose & Rogo’s idea to dissect colonial reparations and McDonald’s multitrack diplomacy as a conceptual framework. This research found that aspirations and legal pushes from the Herero People’s Reparation Corporation triggered the diplomatic processes. Concrete progress started occurring in 2011 with the repatriation of Herero remains to Namibia, followed by recognition of German colonial practices, compensations, and rehabilitative efforts involving various actors. This showcases diplomacy as a relevant approach to resolving colonial reparations, where in the Namibian-German context, the government track emerges as the main track providing the most comprehensive result. This research also highlighted the importance of diplomatic engagement in addressing colonial reparations and its potential to offer a model for achieving reconciliation through restoring human values.
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Njoku, Johnston, and Robert Dibie. "Cultural Perceptions of Africans in Diaspora and in Africa on Atlantic Slave Trade and Reparations." African and Asian Studies 4, no. 3 (2005): 403–26. http://dx.doi.org/10.1163/156920905774270457.
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Abstract This study examines the cultural perceptions of Africans in Diaspora on the Atlantic slave trade and reparations. It uses a cultural centered model to analyze the perception of Africans in Diaspora about the issue of slavery and reparations. The paper also uses a survey method to explore the perceptions of African-Americans in the United States, Africans living in Europe, and Africans living in the African continent about reparations. It argues that the environmental, religious, occupational, social and political conditions that Africans in Diaspora currently live in will determine their perception of slavery and reparations. Despite this argument, the paper stresses that it is a violation of the established precedence in law that is based on the principle of unjust enrichment to not pay some reparations to the present generation of Africans. This principle stipulates that if a person, a corporation or a country profit from the criminal treatment of a group of people, such a person, corporation or country is subject to the payment of reparations on the basis of unjust enrichment. The study further attempts to explain why it has been difficult for the western industrial world to agree to pay reparations to the children of over 25,000,000 Africans who were wrenched out of Africa as slaves. The concluding section of the paper suggests different reparation methods that would help create a permanent solution that might be acceptable to all.
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Mallard, Grégoire. "The Gift Revisited: Marcel Mauss on War, Debt, and the Politics of Reparations." Sociological Theory 29, no. 4 (December 2011): 225–47. http://dx.doi.org/10.1111/j.1467-9558.2011.01398.x.
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This article offers a new interpretation of Marcel Mauss's The Gift. It situates Mauss's argument within his broader thinking on the politics of sovereign debt cancellation and the question of German reparations paid to the Allies after World War I. Mauss applauded the policies of reparation and debt cancellation proposed by the French “solidarist” activists who were responsible for inclusion of reparations provisions in the Versailles Treaty. But Mauss was also aware that their legal mobilization could not by itself restore a sense of solidarity among European peoples. Broader systems of political alliance and anthropological norms of gift-making were also necessary. In Mauss's writings on war reparations, as in The Gift, he described the legal, political, and macrostructural dynamics at work in the settlement of reparations and sovereign debts, which he differentiated from the dynamics at work in the speculative logics of financial capitalism. In doing so, Mauss provided insights into the settlement of sovereign debt crises, which still agitate the international community today.
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Agathangelou, Anna M., Aibakyt Baekova, and Khaoula Bengezi. "Reparations, Time, and Decolonizing Postcolonial Violence towards Global Gender Justice." Feminist Formations 35, no. 3 (December 2023): 28–58. http://dx.doi.org/10.1353/ff.2023.a916569.
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Abstract: Reparations are emerging as a world-making project, as a political goal that moves us beyond models of responsibility that come primarily in the form of bombs and sexual violence as we have seen in the United Nation's Responsibility to Protect (R2P). In this paper, we argue that reparations are a world-making project which challenges simultaneously colonization and enslavement in their newer incarnations of capital and gendered violence in war. We first engage with the debates on violence and postcoloniality. Second, we engage with the politics of reparations and gender. To do so we focus on feminist transformative reparations and repair debates. Some of the mainstream literature of liberal and progressive orientations remain within the realm of integrating survivors of violence within racial-national compacts, thereby evading the inter-related forms of violence and extractions that underwrite such integration and social compacts. Third, we turn to reparations, gender, and time. Fourth, we work towards a definition of radical repair. Fifth, we consider reparative practices as decolonization movement in its multiple registers—as acts of undoing structures of violence and its incarnation/s in war, and as acts of justice—moving beyond the dominant juridical or financial definitions of reparations (as established by the colonial state, or by capitalist legal systems) to think reparation as an active process oriented towards futures that does not lose sight of the ongoing 'liveness' of the colonial. Finally, in the concluding section, we discuss reparations as abolition. We argue that transformative reparations are not mere restitutions but attempts to challenge presuppositions about the world and its making as well as abolish this "simple" and death world, while envisioning reparations as solidarity and love, in the heterogeneity of bodies, words, affects, sounds, movements, and intensities.
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Balta, Alina, Manon Bax, and Rianne Letschert. "Trial and (Potential) Error: Conflicting Visions on Reparations Within the ICC System." International Criminal Justice Review 29, no. 3 (November 15, 2018): 221–48. http://dx.doi.org/10.1177/1057567718807542.
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Twenty years ago, the International Criminal Court (hereinafter ICC or the Court) was established holding the aim of placing victims at the heart of international criminal justice proceedings and delivering justice to them through, among others, reparations. Article 75 of the Rome Statute lays out the reparations regime, and, in practice, court-ordered reparations are a means of delivering such justice. Focusing on Court decisions on reparations, our analysis takes stock of all developments before the ICC and attempts to highlight the mismatch between characteristics inherent to the objectives of international criminal trials such as providing accountability and punishment of the accused and delivering justice for victims of mass crimes—the so-called procedural challenges. We also submit that the Court is facing conceptual challenges, related to an apparent misunderstanding of the various concepts at stake: reparations as such and the various modalities and channels of enforcing them. We conclude that although the ICC’s reparation regime may not be the best reparative response to provide justice to victims in conflict situations affected by mass victimization, we suggest that improving the ICC’s approach includes, at a minimum, tackling these challenges.
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Jang Jaya, Rico Saktiawan. "Drafting a Business Plan for Brass Instrument Reparation named BrassON in Yogyakarta." Es Economics and Entrepreneurship 1, no. 02 (December 31, 2022): 09–23. http://dx.doi.org/10.58812/esee.v1i02.9.
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The purpose of this research is to draft a business plan for brass instrument reparation named BrassON. The brass instruments reparation business is a business that can fix any damage to any type of brass instrument. In Yogyakarta, there is no business that focuses on brass instrument reparation. Therefore, it requires a business plan for brass instruments reparation so that the business can run well. Before drafting the business plan for brass instrument reparation BrassON, a competition analysis of the industry is conducted to know the market situation for brass instrument reparation in Yogyakarta. The formulation of the mission, vision, marketing plan, operation plan, human resource plan, and financial plan of brass instruments reparation business adapted to market conditions brass instruments reparation. Based on data obtained from questionnaires, there are positive responses and interest from potential customers. BrassON presence in Yogyakarta as reparations services of brass instruments is expected to be a solution to the problem is not the presence of service brass instruments reparation in Yogyakarta. The initial investment spending used for the establishment BrassON is Rp 423.554.000. Net Present Value of Rp 145.998.845, Internal Rate of Return of 24 percent, and a payback period of 2.2 years. Based on financial analysis, the brass instrument reparations business BrassON is eligible to run.
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Asher, Magdalena Kowalczuk. "Peace and sustainability in reparations: an analysis of the debate on ‘capping reparations’ in relation to State responsibility due to a State’s level of wealth." Cambridge International Law Journal 13, no. 2 (December 9, 2024): 327–45. https://doi.org/10.4337/cilj.2024.02.08.
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Under international law, States responsible for the harmful consequences of armed conflict must make ‘full reparation’. Reparations must re-establish the situation that would, in all probability, have existed had the responsible State not committed the internationally wrongful act. In the context of an armed conflict, reparations can pave the way for lasting peace and help States and their populations to rebuild sustainably post-conflict. However, there has been a debate about whether there should be a limit to the responsibility to provide full reparation when the responsible State claims that it cannot afford to provide it. A school of thought suggests that compensation should be ‘capped’ under international law to take account of the responsible State’s ostensible economic capacity to pay. This limitation on the customary international law norm is usually justified on the grounds of promoting and sustaining peace within/with that State. This article discusses the so-called ‘reparations cap’ with two inter-State cases in which the international courts or tribunals considered a State’s economic capacity a relevant consideration to the calculation of compensation: (i) the proceedings of the Eritrea–Ethiopia Claims Commission resulting from the armed conflict between Eritrea and Ethiopia and (ii) the International Court of Justice’s 2022 reparations judgment in Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v Uganda). These two cases provide lessons for future litigation where a State considers in good faith that it does not have the economic capacity to pay compensation requested by another State.
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Brooks, Roy. "Black Boarding Academies as a Prudential Reparation." Columbia Journal of Race and Law 13, no. 1 (May 30, 2023): 790–852. http://dx.doi.org/10.52214/cjrl.v13i1.11665.
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With billions of dollars pledged and trillions of dollars demanded to redress slavery and Jim Crow (“Black Reparations”) the question of how best to use these funds has moved into the forefront of the ongoing campaign for racial justice in our post-civil rights society. Reparatory strategies typically target the norms and structures that sustain racial disadvantage wrought by slavery and Jim Crow. The goal of such transitional reparations is to extinguish the menace of white supremacy and systemic racism across the board. Restructuring in housing, education, employment, voting, law enforcement, health care, and the environment—social transformation—is absolutely needed in the United States if the race problem is ever to be resolved. That much is clear beyond peradventure. The hard question, however, is whether Black Reparations can take us there. Are Black Reparations (or reparations in general) powerful enough to engineer social transformation, or what in this case would be “transitional racial justice”? Unfortunately, I do not believe they can. The American race problem is simply too big for reparations to fix. It would take decades of massive amounts of government spending and the sustained moral commitment of the American people to achieve transitional racial justice in this country. The inflationary impact of the requisite spending (estimated at $6.4 trillion to $59.2 trillion) would give opponents of reparations an easy target. Moreover, transitional reparations have rarely been attempted in other countries and when tried it has never succeeded to my knowledge. South Africa attempted to use reparations for social transformation. While there has been a transformation of political power, giving Black South Africans a strong voice in the government, economic power remains in the hands of White South Africans and racial discrimination in housing and education continues. Although at one time I was among scholars who had hoped Black Reparations could deliver a much-needed Third Reconstruction, I would be remiss as a passionate supporter of Black Reparations for many decades to ignore the cold facts—reparations have never successfully reconstructed a society.
But the perfect should not be the enemy of the good. While Black Reparations may not be sufficient for transitional racial justice, they can still play an important role in moving toward that goal. This Article attempts to show one way of doing so. It argues that the initial payment of Black Reparations should take the shape of an education reparation. Education can, as it has in the past with Brown v. Board of Education, provide a foundation for significant racial progress. The type of education reparation broached in this Article gives African American (or Black American) parents or guardians a unique choice for educating their children—Black Boarding Academies (BBAs). Kick started with public reparations, BBAs would begin with PK-3 low-income Black children, giving special attention to those at risk of falling into the dreadful foster care system, and would expand to accommodate other classes of Black students once financially stable with post-reparations funding. Like most public boarding schools, BBAs will have to be sustained with both public and private funds. Fortunately, there is a wide range of available sources. Historically, boarding schools have a poor reputation in educating children of color, especially Indigenous Americans. The few primary and secondary schools that board Black students have not experienced such problems. Neither have Historically Black Colleges and Universities (HBCUs) at the postsecondary education level. Following in this rich tradition, BBAs will provide a safe and nurturing environment for Black students. Pedagogically, BBAs will prepare students not just to survive but to thrive. Students will be prepared to assume positions of leadership in our society whether they go directly into the job market or matriculate at HBCUs or predominantly white institutions. One of the most effective instructional models in the country for leadership-oriented teaching can be found in elite New England Prep Schools. They have been doing this for centuries. Using a modified version of their pedagogy—one self-consciously infused with a racial sensibility—BBAs will be able to extend the pipeline to leadership, normally available to upper-income and even middle-income African American students, to low-income African American students. Indeed, the latter are the most vulnerable descendants of the enslaved.
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Imiera, Dr Prince Pius. "Considering State Reparation for Victims of Gross Human Rights Violations in Africa: Challenges in the Effective Enforcement and Implementation of Victims’ Rights." International Journal of Latest Technology in Engineering, Management & Applied Science XII, no. X (2023): 80–96. http://dx.doi.org/10.51583/ijltemas.2023.121010.
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Claiming reparations for human rights violation by states or by any governmental agencies, have been a vital challenge at local and international levels. Although, there has been few developments in theory and in reality of reparations for human rights violations by states in some parts of the world as will be seen later in this article, many of the violations committed in Africa, in places like South Africa, Uganda, Nigeria and elsewhere, during colonial times either remained unresolved, partly reparated or reparations denied completely. As a result of what has been said, issues concerning responsibility for gross human rights abuses have never been considered favorably in Africa. In some African states for example, the way states deal with past human rights abuses is often dependent on the way in which political change has occurred and the way the state deals with the tensions between justice, truth and reconciliation. Beyond the foregoing, irrespective of the legal requirement to afford reparation which in itself makes reparation a vital component of the underlying need to respect victims’ rights to justice and to underscore the role of law in society, reparation serves a number of purposes. One of such purposes include but not limited to victims’ right to recover and/or receive compensation or reparation for past violations; helping to restore the disequilibrium between those whose rights have been violated and society which typically underpins human rights violations. More 6so, assisting in victims’ rehabilitation and taking measures to prevent recurrence of violations will help victims overcome trauma, restore confidence in the legitimacy of the justice system and the affirmation of the rule of law.
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Ferstman, Carla. "The Reparation Regime of the International Criminal Court: Practical Considerations." Leiden Journal of International Law 15, no. 3 (September 2002): 667–86. http://dx.doi.org/10.1017/s0922156502000304.
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A key achievement of the International Criminal Court is its acknowledgment of the rights of victims to participate in proceedings and to seek reparation before the Court. This article analyses some of the specific challenges relating to the ICC reparations regime, stemming from the interplay between the ICC and national courts on such issues as tracing assets and implementing protective measures, and in enforcing the ICC's reparations orders. A review of several examples of legislation adopted by states parties on cooperation with the ICC is undertaken with a view to examining its potential impact on these issues.
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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.
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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.
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Panova, Liydmyla, Ernest Gramatskyy, Dmytro Baranenko, Dmytro Sichko, and Oleksiy Ulianov. "Expropriation and other forms of reparation in terms of compensation for damage caused as a result of war crimes: International legal experience." Cuestiones Políticas 41, no. 78 (August 28, 2023): 723–38. http://dx.doi.org/10.46398/cuestpol.4178.49.
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As a result of international armed conflicts, questions always arise about the payment of post-war reparations. Although the process of reparation for damages caused as a result of war crimes, in most cases, begins only after the end of such a conflict, its duration and effectiveness depend on the preliminary analysis and choice of an existing reparation or development of a new model. The purpose of the work was the analysis of existing mechanisms for the payment of post-war reparations, and the search for the most effective models of compensation for Ukraine by Russia for the damage caused as a result of military aggression and the commission of international crimes. The dialectical, systemic-structural, historical, comparative, logical-formal, comparative-legal and systemic-functional methods were used. In the results, the legal nature and historical mechanisms of reparation of damage are explained, as well as problematic issues of this institution of the law of international liability are outlined. In the conclusions, different mechanisms of reparation that can be used by the State and those available to individuals, victims of violations of international crimes committed on their territory and mixed models are considered.
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Thies, Clifford F. "Reparations, Hyperinflation, Unemployment and the Rise of Adolph Hitler." Studia Historiae Oeconomicae 42, no. 2 (December 17, 2024): 75–94. https://doi.org/10.14746/sho.2024.42.2.004.
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This paper reviews the history of the period 1918 to 1932 mostly to clarify the connections among the Treaty of Versailles, the German Hyperinflation of the 1920s, and the Great Depression of the 1930s to the rise of Adolph Hitler. In many cases, the paper takes a fresh look at original source material; and, it incorporates much of what has been subsequently written. While there are many lessons to be learned from these events, on the matter of reparations, the lesson is strange. In spite of Germany arguably not paying one pfenning of the demanded reparations, the demand for huge reparation payments contributed to the hyperinflation. More importantly, the re-negotiation of reparation payments enabled, first, Ludendorff and, then, Hitler to make gains in the polls. In the case of Hitler, his rise in the polls came just prior to the Great Depression of the 1930s.
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Jeluget Bomett, Marion. "A comprehensive reparations system for custodial deaths." Kabarak Law Review 1 (December 9, 2022): 217–28. http://dx.doi.org/10.58216/klr.v1i.248.
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Death in police custody is one of the major social injustices in Kenyan society today. While many continue to call for the criminal prosecution of police officers involved in such extrajudicial deaths, less is said about the human rights remedies available for the victims surviving the deceased. National, regional and international law provides for remedies for human rights violations in the form of reparations. The jurisprudence of Kenyan courts, the African Court on Human and Peoples’ Rights and the African Commission on Human and Peoples’ Rights confirm that such victims are entitled to various forms of reparations. This paper analyses victimhood and the reparation systems in Kenya. The introduction briefly discusses death in police custody as a form of human rights violation. The paper then investigates the notion of a victim in national, regional and international law, with the aim of highlighting the scope of accruing human rights and the attached remedies. Consequently, the paper evaluates the Kenyan system of reparations available to victims in both national, regional, and international human rights law. This evaluation expounds on the forms of reparations available for victims of deaths in police custody. In concluding, this paper makes recommendations for victims and their families pursuing human rights remedies in addition to criminal sanctions against the police.
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Williams, David R., and Chiquita Collins. "Reparations." American Behavioral Scientist 47, no. 7 (March 2004): 977–1000. http://dx.doi.org/10.1177/0002764203261074.
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McEwen, V. Mitch, Cruz Garcia, and Nathalie Frankowski. "Reparations!" Journal of Architectural Education 77, no. 1 (January 2, 2023): 3–6. http://dx.doi.org/10.1080/10464883.2023.2165791.
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Rudner, Martin. "Japanese Official Development Assistance to Southeast Asia." Modern Asian Studies 23, no. 1 (February 1989): 73–116. http://dx.doi.org/10.1017/s0026749x00011422.
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Japan's involvement as a donor of Official Development Assistance (ODA) can be traced back, historically, to post-second world war arrangements for war damage reparations. At that time, the late 1940s, early 1950s, Japan was itself a low-income country, whose industries had suffered widespread dislocation and ruin due to war. Yet, the new post-war Japanese government, eager to work its way back into the comity of nations, undertook to make reparation for the destruction of economic assets in the territories that had been fought over. The reparations agreements concluded in the 1950s involved many of the developing countries on the Asia/Pacific Rim—reflecting the pattern of wartime conquest—some of them independent, others still under European colonial rule. Thailand and the People's Republic of China were excluded from reparations, the former due to its wartime co-belligerent status, the latter since it was unrecognized by Japan, ironically in view of their subsequent emergence as the largest recipients of Japanese bilateral ODA by the 1980s. In the event, by the time Japanese reparations had become available, reconstruction assistance had already begun to give way to post-reconstruction support for public sector economic growth. A greater part of these reparations consisted of deliveries of Japanese capital goods and equipment, e.g., cargo ships, through transfer mechanisms designed to match Japan's re-emergent industrial export capabilities with the import requirements of Southeast Asian economic development.By way of contrast with the contemporary Western orientation in development assistance to Asia, driven by a 'Big Push' syndrome towards relatively large-scale infrastructure projects through such mechanisms as the Colombo Plan, the Japanese experience with reparations provided from the outset a closer strategic integration between Japan's international donor obligations, on the one hand, and its export strategy and dynamic competitive advantages in international trade, on the other.
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Monk-Payton, Brandy. "Blackness and Televisual Reparations." Film Quarterly 71, no. 2 (2017): 12–18. http://dx.doi.org/10.1525/fq.2017.71.2.12.
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The television screen has increasingly come to serve as a complex threshold for images of blackness across genres. What could be termed “televisual reparations,” therefore, emphasizes the medium's attempts to address the paradox of black “unfreedom” and provide redress for continuing race-related grievances, especially those connected to histories of violence. Such televisual acts of reparation occur at the levels of television industry, text, and audience. The industry maintains a tenuous commitment to provide opportunities for African American producers, writers, directors, and actors to the degree that such practice continues to be helpful to the reputation of the medium as well as profitable. The programming created often comments on civil rights by mobilizing references to the past of racial injustice in a variety of imaginative ways. Reparations, in this way, underscore how blackness comes to be televisually transmitted to audiences through the realm of spirits—spirits that come to resonate with viewers and call forth engagement with, and response to, representations of black mortality in the afterlife of slavery.
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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.
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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.
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Hamlin, Rebecca, Jamie Rowen, and Luz Maria Sanchez. "The Paradox of Diasporic Peacebuilding Amidst Violence: Providing Reparations to Colombians Abroad." Human Rights Quarterly 46, no. 2 (May 2024): 234–63. http://dx.doi.org/10.1353/hrq.2024.a926221.
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ABSTRACT: This article uses the case of Colombian migrants in the United States (U.S.) who are registered with the Colombian Unit for Victims to illustrate the tension that emerges when a home country commits to reparations for nationals in exile when violence in their home country has not ceased. Bridging studies on transitional justice, diasporas, and displacement, we show the disconnect between the Colombian state's original goal to assist with return as the primary form of reparation and displaced Colombians' goals for stability, particularly legal status, abroad. Through interviews with Colombian officials and U.S.-based migrants, our findings show the unique dynamics of transnational reparations and the specific issue facing migrants from war-torn countries when their country of origin engages in transitional justice interventions.
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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.
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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.
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Dottin, Paul Anthony. "THE HYDRA OF HOROWITZIAN HISTORY." Du Bois Review: Social Science Research on Race 5, no. 1 (2008): 161–98. http://dx.doi.org/10.1017/s1742058x08080041.
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AbstractWhether to provide reparations to African Americans for the atrocities of slavery and segregation is arguably the most controversial public matter concerning race in the United States today. This debate, a clash over the economics and ethics of equality, is nothing less than a struggle over the future of racial identity, race relations, and racial progress in the current post–civil rights movement era.With the stakes for African Americans so high, and the prospects for affirmative action dim, public intellectuals have weighed in heavily on each side of the issue. Randall Robinson—author of the best-known work advocating for reparations, The Debt: What America Owes to Blacks (2000)—and David Horowitz—the reparationist movement's most reviled nemesis and author of Uncivil Wars: The Controversy over Reparations for Slavery (2002)—have become the alpha and omega of almost any deliberation on Black reparations.Not surprisingly, rancorous rhetoric has often overshadowed rigorous research on the veracity of antireparations and proreparations claims. This essay aims to correct this problem with an extensive analysis of David Horowitz's (2002) arguments, providing a synthesis of data, concepts, theories, and methodologies from the disciplines of sociology, history, economics, and anthropology. This essay finds that Horowitz's use of academic scholarship to discredit African American reparations fails to meet the “scientific” standards he demands of his opponents.
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Greeley, Robin Adèle, Michael R. Orwicz, José Luis Falconi, Ana María Reyes, Fernando J. Rosenberg, and Lisa J. Laplante. "Repairing Symbolic Reparations: Assessing the Effectiveness of Memorialization in the Inter-American System of Human Rights." International Journal of Transitional Justice 14, no. 1 (March 1, 2020): 165–92. http://dx.doi.org/10.1093/ijtj/ijaa002.
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ABSTRACT∞ The power of memorialization is widely recognized as a form of symbolic reparation aimed at overcoming deep social divisions in the aftermath of mass violence. Yet memorialization as a juridical tool of repair lacks systematic conceptual elaboration, and its potential remains underutilized. This often results in ineffective, even detrimental monuments, and in programmatic failures to integrate memorial practices into multilayered strategies for justice and social reconciliation. This article explores three case studies from the Inter-American Human Rights System in order to examine the strengths and shortcomings of existing approaches to memorialization. We then offer recommendations for expanding the reparative and transformative capacities of symbolic reparations. We conclude by summarizing our observations on how the fundamentally expressive nature of symbolic reparations provides a potentially powerful tool of repair and transformation.
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Barra, Monica Patrice, and Nathan Jessee. "Restoration as Transformative Reparative Practice." Environment and Society 15, no. 1 (September 1, 2024): 212–33. https://doi.org/10.3167/ares.2024.150111.
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Abstract This article examines ecological restoration as a possible transformative and reparative practice amid ongoing colonial racial capitalist environmental destruction. While restoration—traditionally focused on repairing damaged landscapes—has increasingly recognized the importance of Indigenous knowledges, community engagement, and environmental justice, this article brings together critiques of normative restoration and critical discussions on reparations to locate environmental restoration within a broader ecology of reparations, or repair, for colonial violence that has disproportionately hurt Indigenous and Black communities. We consider how ideas and activities focused on “reparation ecology” offer new terrain upon which to foreground the interconnectedness of ecological and social repair through land rights, relationality, epistemic diversity, and solidarity. Drawing on case studies across geographies, we highlight how ecological restoration is at a crossroads for either internalizing or confronting injustices perpetrated through colonization and racism.
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Scarborough, Troy L. "Artistic Reparations." Theatre Symposium 29, no. 1 (2022): 100–109. http://dx.doi.org/10.1353/tsy.2022.0008.
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ISSAR, ARIE S., and EILON ADAR. "War reparations." Nature 352, no. 6330 (July 1991): 10. http://dx.doi.org/10.1038/352010b0.
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Craemer, Thomas. "Framing Reparations." Policy Studies Journal 37, no. 2 (May 2009): 275–98. http://dx.doi.org/10.1111/j.1541-0072.2009.00314.x.
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PALMER, LARRY I. "Private Reparations." Hastings Center Report 40, no. 6 (November 12, 2010): 49. http://dx.doi.org/10.1002/j.1552-146x.2010.tb00080.x.
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Cooper, Danika. "Spatializing Reparations." Journal of Architectural Education 77, no. 1 (January 2, 2023): 66–86. http://dx.doi.org/10.1080/10464883.2023.2165805.
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Huard, Adrienne, and Gabrielle Moser. "Editorial Introduction: Reparation and Visual Culture." Journal of Visual Culture 21, no. 1 (April 2022): 3–16. http://dx.doi.org/10.1177/14704129221093638.
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This themed issue of Journal of Visual Culture examines the critical role that art and aesthetics play in processes of reparation. Invoking reparation in its multiple registers – as an act of repair, as the part that has been repaired, as a process of healing an injury, and as an act of justice – the articles and artist projects assembled in this issue move beyond the dominant juridical or financial definitions of reparations (definitions established by the colonial state, or by capitalist legal systems) to think and sense reparation as a singular verb: an active process oriented towards the future that does not lose sight of the ongoing ‘liveness’ of the colonial past.
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Rhodes, Jesse H., Tatishe M. Nteta, Lilliauna Hopkins, and Gregory Wall. "Why Reparations? Race and Public Opinion Toward Reparations." RSF: The Russell Sage Foundation Journal of the Social Sciences 10, no. 3 (June 2024): 30–48. http://dx.doi.org/10.7758/rsf.2024.10.3.02.
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MAYER, Benoit. "Climate Change Reparations and the Law and Practice of State Responsibility." Asian Journal of International Law 7, no. 1 (March 2, 2016): 185–216. http://dx.doi.org/10.1017/s2044251315000351.
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AbstractIt has been argued elsewhere that industrial states were legally responsible for interfering with the climate system by failing to prevent excessive greenhouse gas emissions. This paper determines the international legal principles relevant to the remedial obligations of industrial states. It assumes that climate change reparations should aim first at providing a signal for the cessation of the wrongful act (i.e. incentivizing climate change mitigation) rather than addressing the injury. A review of state practice in different fields suggests the existence of relevant exceptions to the principle of full reparation. These exceptions relate to the financial capacity of responsible states, the indirect nature of the injury, considerations of “culpability”, and the limitations of collective responsibility as “rough” justice. Accordingly, it is suggested that climate change reparations should be limited to partial compensation and symbolic measures of satisfaction prone to incentivize climate change mitigation.
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Craemer, Thomas. "Comparative Analysis of Reparations for the Holocaust and for the Transatlantic Slave Trade." Review of Black Political Economy 45, no. 4 (December 2018): 299–324. http://dx.doi.org/10.1177/0034644619836263.
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This article provides a legal and economic comparison of proposed reparations for the Transatlantic Slave Trade and already realized German Holocaust reparations. Neither injustice was legal at the time according to international common law. This line of legal reasoning was successfully applied at the Nuremberg trials but did not lead to Holocaust reparations. Instead, representatives of the perpetrator side reached out to representatives of the victimized side. Emory University’s Trans-Atlantic Slave Trade Database is used to determine the amounts the primarily European countries who participated in the slave trade would owe if the same per-victim reparations rate were applied, both uncompounded and compounded over time. After controlling for differences in the number of victims and the passage of time, Transatlantic Slave Trade reparations demands resemble German Holocaust reparations payments. Thus, German Holocaust reparations may serve as a blueprint for eventual Transatlantic Slave Trade reparations.
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Aiyetoro, Adjoa A., and Adrienne D. Davis. "Historic and Modern Social Movements for Reparations: The National Coalition of Blacks for Reparations in America (N’COBRA) And Its Antecedents." Texas Wesleyan Law Review 16, no. 4 (July 2010): 687–766. http://dx.doi.org/10.37419/twlr.v16.i4.8.
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Part I of this Article offers an introduction to some of the historical individuals and institutions who were the principal early advocates for Black reparations. While many have contributed to the struggle for racial reparations, the Essay focuses on activists who devoted significant effort to the cause; conceived of their vision in the language of reparations, i.e., recompense for slavery; and organized institutions or movements to implement their vision. Section II then situates these activists within reparations conceived as a social movement. It also teases out of the history some of the tensions and competing visions within the movement-over the legitimacy of U.S. legal institutions; between racial elites and non-elites; and ideological differences over the purposes of reparations, i.e., full citizenship or separate nationhood. Part III supplements this history by introducing the National Coalition of Blacks for Reparations in America (N'COBRA), which was founded in 1987 with the express goal of revitalizing reparations as a grass-roots movement that would simultaneously be attractive to mainstream Blacks. While N'COBRA has been largely overlooked in the legal literature on reparations, a social movements approach foregrounds its contributions to the modern reparations activism. Part IV then presents biographical narratives of seven members of the N'COBRA Reparations Litigation Committee. The Authors interviewed these seven, asking them about the political and personal influences that led them to become reparations activists and to join N'COBRA's Litigation Committee. (The questions we asked the interviewees are included as an Appendix to this Article.) Part V concludes with some thoughts about how incorporating a "social movements" approach to reparations activism and this case study of N'COBRA's Litigation Committee and its members both supplements and challenges the emerging legal history of reparations and, more broadly, the struggle for racial equality and human rights for Black people.