Reparations for victims of international crimes or serious human rights violations have received increasing attention from international courts. The most recent example is the Judgment on the Appeals against the “Decision establishing the principles and procedures to be applied to reparations” rendered by the Appeals Chamber (AC) of the International Criminal Court (ICC) in Lubanga on 3 March 2015. (See this previous post.) The present contribution compares how three key reparations issues are addressed by the ICC Appeals Chamber and by two other courts: the Extraordinary Chambers in the Courts of Cambodia (ECCC), and the Inter-American Court of Human Rights (IACtHR). Besides the ICC, the ECCC is the only international or hybrid criminal court where victims can claim reparations. The IACtHR’s reparations case-law has been seminal for decades, and references to its case-law by the ICC and ECCC reflect an ongoing dialogue. The three issues on which the courts are compared are: who can claim reparations, who is obliged to pay reparations, and what reparations can victims obtain Who can claim and…
Inter-American Court of Human Rights
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The Successes and Challenges for the European Court, Seen from the Outside
Laurence R. Helfer is the Harry R. Chadwick, Sr. Professor of Law and Co-director of the Center for International and Comparative Lawat Duke University. Cross-posted on AJIL Unbound. In this post I wish to address the successes and challenges for the European Court of Human Rights (ECtHR), as…
More Human Rights Reforms Under Discussion
Readers interested in reform within the international human rights system, including the reform of the UN human rights treaty monitoring system previously discussed here, may be interested in yesterday’s announcement by the Inter-American Commission on Human Rights (IACHR), adding a regional dimension to discussions. The IACHR serves as the focal point…
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