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Author: Francesca Capone Publisher: Series on Transnational Justice ISBN: 9781780684383 Category : Children and war Languages : en Pages : 275
Book Description
"This book offers an analysis of the existing normative framework regulating the right to reparation for child victims of armed conflict. The study questions whether the current framework is sufficiently developed to provide child victims with adequate, effective and prompt reparations; furthermore it presents and critically assesses the judicial and non-judicial mechanisms in place as well as the reparations awarded and implemented so far at the international and regional level. The research stems from the need to fill a gap in the current literature on transitional justice, in particular on the right to reparation. Even though reparations are well-established legal measures in several domestic judicial systems all over the world, in transitional periods reparations are not just a means to redress the harm suffered by the victims of wrongful acts, but they also seek to contribute to the reconstitution or the constitution of a new political community in the aftermath of an armed conflict. The overview of the relevant cases and materials provided in this book helps pave the way for reparations that are effective, adequate, prompt, and in line with the international standards set forth by the Convention of the Rights of the Child (CRC) and other instruments. This book ultimately strives to highlight the shortcomings of the existing mechanisms and it points out the main issues that need to be improved and/or overcome in pursuance of redress for child victims of armed conflict." -- Back cover.
Author: Francesca Capone Publisher: Series on Transnational Justice ISBN: 9781780684383 Category : Children and war Languages : en Pages : 275
Book Description
"This book offers an analysis of the existing normative framework regulating the right to reparation for child victims of armed conflict. The study questions whether the current framework is sufficiently developed to provide child victims with adequate, effective and prompt reparations; furthermore it presents and critically assesses the judicial and non-judicial mechanisms in place as well as the reparations awarded and implemented so far at the international and regional level. The research stems from the need to fill a gap in the current literature on transitional justice, in particular on the right to reparation. Even though reparations are well-established legal measures in several domestic judicial systems all over the world, in transitional periods reparations are not just a means to redress the harm suffered by the victims of wrongful acts, but they also seek to contribute to the reconstitution or the constitution of a new political community in the aftermath of an armed conflict. The overview of the relevant cases and materials provided in this book helps pave the way for reparations that are effective, adequate, prompt, and in line with the international standards set forth by the Convention of the Rights of the Child (CRC) and other instruments. This book ultimately strives to highlight the shortcomings of the existing mechanisms and it points out the main issues that need to be improved and/or overcome in pursuance of redress for child victims of armed conflict." -- Back cover.
Author: Cristián Correa Publisher: Cambridge University Press ISBN: 1108480950 Category : Law Languages : en Pages : 303
Book Description
Three experts address reparation for victims of armed conflict, drawing on international law practice, human rights courts, and domestic law.
Author: Clara Sandoval Publisher: Minority Rights Group ISBN: Category : Political Science Languages : en Pages : 36
Book Description
The responsibility of states to provide reparation to individuals who have experienced violations in armed conflict is well established today under international law. If well designed, reparations can empower, dignify and return a voice to victims, as well as provide them with redress for the harm caused. From Colombia and Peru to Sierra Leone, a variety of reparations schemes have been designed around the world to address the effects of serious violations on those directly affected and on the societies in which they live. In Iraq, millions of victims have suffered over the decades as a consequence of gross human rights violations and serious violations of humanitarian law. Most recently, the conflict with ISIS has led to the displacement of over 3.1 million people, the killing of thousands, and targeted campaigns against ethnic and religious communities. The conflict has also resulted in widespread damage to infrastructure and personal property. Victims of these violations have a right to adequate, prompt and effective redress for the harm they suffered. Iraq already has significant experience in providing reparations, including the work of the Iraq Property Claims Commission covering land-related violations committed during the Saddam Hussein regime. More recently, Law No. 20 on Compensating Victims of Military Operations, Military Mistakes and Terrorist Actions, first passed in 2009, provides redress to victims who have suffered violations since 2003. Between 2011 and 2016, more than IQD 420 billion (USD $355 million) was distributed to victims under this framework. While considerable progress has been made under the Law No. 20 framework in compensating victims of military operations, military mistakes and terrorist actions, the most recent phase of conflict raises new challenges. These include the range and severity of violations committed, the wide diversity of armed actors involved, and the barriers that widespread destruction and displacement present to victims’ ability to participate in reparations processes. This report argues that the existing reparations framework in Iraq could be strengthened by expanding the scope of violations covered, employing multiple forms of reparations, widening coverage to include all parties to the conflict, and simplifying evidentiary requirements imposed on victims. As Iraq prepares to rebuild and recover from the conflict with ISIS, ensuring accountability for violations committed and justice for victims is an immediate priority. This report seeks to inform the discussion on reparations in Iraq through analysis of both international and domestic practice, with the goal of encouraging the development of a comprehensive framework that can provide adequate and effective reparations to victims.
Author: Ruth Rubio-Marin Publisher: Cambridge University Press ISBN: 1139479830 Category : Law Languages : en Pages : 433
Book Description
Reparation programs seeking to provide for victims of gross and systematic human rights violations are becoming an increasingly frequent feature of transitional and post-conflict processes. Given that women represent a very large proportion of the victims of these conflicts and authoritarianism, it makes sense to examine whether reparation programs can be designed to redress women more fairly and efficiently and seek to subvert gender hierarchies that often antecede the conflict. Focusing on themes such as reparations for victims of sexual and reproductive violence, reparations for children and other family members, as well as gendered understandings of monetary, symbolic, and collective reparations, this text gathers information about how past or existing reparation projects dealt with gender issues, identifies best practices to the extent possible, and articulates innovative approaches and guidelines to the integration of a gender perspective in the design and implementation of reparations for victims of human rights violations.
Author: Carla Ferstman Publisher: BRILL ISBN: 9004174494 Category : Law Languages : en Pages : 585
Book Description
This book provides detailed analyses of systems that have been established to provide reparations to victims of genocide, crimes against humanity and war crimes, and the way in which these systems have worked and are working in practice. Many of these systems are described and assessed for the first time in an academic publication. The publication draws upon a groundbreaking Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS at the Peace Palace in The Hague, with the support of the Dutch Carnegie Foundation. Both CNRC and REDRESS had become very concerned about the extreme difficulty encountered by most victims of serious international crimes in attempting to access effective and enforceable remedies and reparation for harm suffered. In discussions between the Conference organisers and Judges and officials of the International Criminal Court, it became ever more apparent that there was a great need for frank and open exchanges on the question of effective reparation, between the representatives of victims, of NGOs and IGOs, and other experts. It was clear to all that the many current initiatives of governments and regional and international institutions to afford reparations to victims of genocide, crimes against humanity and war crimes could benefit greatly by taking into full account the wide and varied practice that had been built up over several decades. In particular, the Hague Conference sought to consider in detail the long experience of the Conference on Jewish Material Claims against Germany (the Claims Conference) in respect of Holocaust restitution programmes, as well as the practice of truth commissions, arbitral proceedings and a variety of national processes to identify common trends, best practices and lessons. This book thus explores the actions of governments, as well as of national and international courts and commissions in applying, processing, implementing and enforcing a variety of reparations schemes and awards. Crucially, it considers the entire complex of issues from the perspective of the beneficiaries - survivors and their communities - and from the perspective of the policy-makers and implementers tasked with resolving technical and procedural challenges in bringing to fruition adequate, effective and meaningful reparations in the context of mass victimisation.
Author: Christine Evans Publisher: Cambridge University Press ISBN: 1139510800 Category : Political Science Languages : en Pages : 299
Book Description
In this evaluation of the international legal standing of the right to reparation and its practical implementation at the national level, Christine Evans outlines State responsibility and examines the jurisprudence of the International Court of Justice, the Articles on State Responsibility of the International Law Commission and the convergence of norms in different branches of international law, notably human rights law, humanitarian law and international criminal law. Case studies of countries in which the United Nations has played a significant role in peace negotiations and post-conflict processes allow her to analyse to what extent transitional justice measures have promoted State responsibility for reparations, interacted with human rights mechanisms and prompted subsequent elaboration of domestic legislation and reparations policies. In conclusion, she argues for an emerging customary right for individuals to receive reparations for serious violations of human rights and a corresponding responsibility of States.
Author: Francesca Capone
Author: Francesca Capone
Author: 
Author: Cristián Correa
Author: Clara Sandoval
Author: E. Christine Evans
Author: Ruth Rubio-Marin
Author: UNICEF. Innocenti Research Centre
Author: Carla Ferstman
Author: Christine Evans
Author: Anne Peters