Reparation for victims of serious violations of international humanitarian law: New developments

Elizabeth Salmón, Juan Pablo Pérez-León-Acevedo

    Research output: Contribution to journalArticleScientificpeer-review

    1 Citation (Scopus)

    Abstract

    This article aims to determine what important new developments have emerged in reparation for victims of serious violations of international humanitarian law (IHL). Our hypothesis is that there have been significant new developments in this area of particular relevance to IHL and that reparation for victims of serious violations of IHL is increasingly being incorporated into this body of law as one of its key components. It is submitted that the following developments are evidence of this gradual transformation of IHL: (i) broad recognition of the right of victims of serious violations of IHL to reparation; (ii) extension of the scope of the obligation to provide reparation under IHL to include non-State armed groups and individuals as well as States; (iii) the existence of innovative domestic reparation mechanisms complemented or supervised by regional courts, as evidenced by experiences in Latin America; and (iv) the reparation system of the International Criminal Court as a global mechanism.

    Original languageEnglish
    Pages (from-to)1315-1343
    Number of pages29
    JournalInternational Review of the Red Cross
    Volume104
    Issue number919
    DOIs
    Publication statusPublished - Apr 2022
    MoE publication typeA1 Journal article-refereed

    Keywords

    • international humanitarian law
    • new developments
    • reparation
    • serious violations
    • victims

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