Collective Reparations

This book presents the first study on collective reparations. It aims to shed light on the legal framework, content and scope of collective reparations, and to the relationship between collective reparations and the individual right to reparations.
Author(s):
Diana Odier-Contreras Garduno
Series:
Human Rights Research Series
Volume:
84
book | published | 1st edition
September 2018 | xvi + 426 pp.

Paperback

€85.-

ISBN 9781780687056


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ISBN 9781780687469

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Details

Although international human rights law establishes the individual right to receive reparations, collective reparations have been considered a common response from judicial and non-judicial bodies to reparations for victims of gross violations of human rights. As such, collective reparations have been awarded within the field of international human rights law, international criminal law and transitional justice. Yet the concept, content and scope of collective reparations are rather unspecified. To date, neither the judicial nor the non-judicial bodies that have granted this kind of reparations have ever defined them.

This book presents the first study on collective reparations. It aims to shed light on the legal framework, content and scope of collective reparations, and to the relationship between collective reparations and the individual right to reparations. In order to do so, the book analyses specific case law from the Inter-American Court of Human Rights, the International Criminal Court and the Extraordinary Chambers in the Courts of Cambodia. Additionally, the practices of non-judicial mechanisms were examined, specifically those of the Peruvian and Moroccan Truth Commissions and of two mass claims compensation commissions (the United Nations Compensation Commission and the Eritrea-Ethiopia Claims Commission). Finally, it provides an overview of the challenges that collective reparations present to the fields of international human rights law and international criminal law, including in their implementation.

Chapters

Table of contents and preliminary pages (p. 0)

Chapter I. Introduction (p. 1)

Chapter II. Developments Concerning the Right to Reparation (p. 33)

Chapter III. Collective Reparations at the Inter-American Court of Human Rights (p. 121)

Chapter IV. Collective Reparations in International Criminal Law (p. 175)

Chapter V. Collective Reparations & Non-Judicial Bodies (p. 249)

Chapter VI. Conclusions (p. 313)

About the series:

Human Rights Research Series

The Human Rights Research Series’ central research theme is the nature and meaning of international standards in the field of human rights, their application and promotion in the national legal order, their interplay with national standards, and the international supervision of such application. Anyone directly involved in the definition, study, implementation, monitoring, or enforcement of human rights will find this series an indispensable reference tool.

The Series is published together with the world famous Netherlands Network for Human Rights Research (formerly School of Human Rights Research), a joint effort by human rights researchers in the Netherlands.

Editorial Board: Prof. dr. Antoine Buyse (Utrecht University), Prof. dr. Fons Coomans (Maastricht University), Prof. dr. Yvonne Donders (Chair - University of Amsterdam), Dr. Antenor Hallo de Wolf (University of Groningen), Prof. dr. Kristin Henrard (Erasmus University Rotterdam), Prof. dr. Nicola Jägers (Tilburg University), Prof. Titia Loenen (Leiden University) Prof. dr. Janne Nijman (T.M.C. Asser Instituut) and Prof. dr. Brigit Toebes (University of Groningen).

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