Out of the Ashes: Reparation for Victims of Gross and Systematic Human Rights ViolationsKoen Feyter Intersentia nv, 2005 - 522 trang Over the last decade, the issue of reparation for victims of gross and systematic human rights violations has given rise to intense debates at the national and the international level. Discussions particularly arise in post-conflict situations characterised by serious violations of human rights, such as genocide, crimes against humanity, war crimes, and other forms of injustice of the past. Crucial questions include: what harm inflicted to victims warrants reparation? when and how to repair the harm? who is eligible for reparation and who has the duty to repair? These and other questions raise many challenging issues for theory and practice. This volume contains the contributions presented at an international conference in Brussels, in February 2005, on the right to reparation for victims of serious human rights violations. It also includes the final report of a research project undertaken jointly at the Universities of Antwerp (UA) and Leuven (K.U.Leuven) between 2000 and 2004 on the right to reparation in international law for victims of gross and systematic human rights violations, both from a legal and a socio-political perspective. The present volume is aimed at academics, policy-makers, national and international courts and tribunals, the legal professions, and civil society at large. |
Nội dung
INTRODUCTION | 1 |
THE UNITED NATIONS PRINCIPLES AND GUIDELINES | 11 |
Reparations in Other Work of the Commission on Human Rights | 23 |
United Nations Treaty Bodies | 29 |
THE DISCOURSE OF REPARATIONS | 35 |
Victim Consciousness vs Civic Identity | 41 |
Conclusion | 49 |
Transitional Justice ༢༤ ཡ | 56 |
THE TRUST FUND FOR VICTIMS OF THE INTERNATIONAL | 225 |
Goals and Forms | 231 |
Practical Reasons for According an Expanded Role to the TFV | 237 |
Conclusion | 243 |
REPARATION BY THE HUMAN RIGHTS CHAMBER FOR BOSNIA | 245 |
Conclusions | 286 |
Other Bodies Taking Responsibility for Reparations | 296 |
Specific Measures | 302 |
Rebuilding an Inclusive Political and Moral Community of Survivors | 69 |
Mobilising Reparative Justice Guilt or Responsibility? | 80 |
German Victims | 90 |
Population Transfers | 99 |
VICTIMS EXPECTATIONS NEEDS AND PERSPECTIVES AFTER GROSS | 105 |
Some kind of Justice and Acknowledgment of the Wrong Done | 114 |
Truth | 120 |
Conclusion | 133 |
Reparations as Process | 141 |
Civil Society Activism and Reparations | 147 |
REPARATIONS FOR GROSS HUMAN RIGHTS VIOLATIONS AS | 151 |
Reparation from Domestic Courts | 157 |
Common Law Criminal Justice Systems | 170 |
Recent Developments before Internationalised Criminal Bodies | 176 |
Regional Systems and Reparation for Victims | 182 |
THE EXPANDING SCOPE AND IMPACT OF REPARATIONS | 191 |
Reparations Then and Now | 208 |
Judgments on Reparations of InterAmerican Court | 215 |
CAUGHT BETWEEN | 309 |
Forms of Reparation | 327 |
Who is Entitled to Reparation? | 335 |
THE RIGHT TO REPARATION FOR VICTIMS OF GROSS | 345 |
LAW AND PRACTICE OF REPARATION FOR HUMAN | 354 |
criminal law | 364 |
Remedies at the International Level | 371 |
Remedies at the National Level | 420 |
Appraisal of the Victims Right to Reparation under International | 451 |
CHALLENGES AND PROSPECTS WITH RESPECT | 455 |
The Beneficiaries of Reparation | 466 |
Who Bears the Duty to Repair? | 476 |
Modalities and Forums | 487 |
The Process of Reparation | 496 |
ANNEX | 505 |
ABOUT THE AUTHORS | 517 |
Thuật ngữ và cụm từ thông dụng
African applicant Article awarded Basic Principles Bosnia and Herzegovina Bosnian CARACAZO Chamber Chorzów civil claims compensation conflict context Convention countries Court of Human crimes decision domestic ECHR ECtHR established European Court forms of reparation gacaca genocide German gross and systematic gross violations harm human rights law human rights violations Hutu I-ACtHR individual Inter-American Court International Criminal Court international human rights international humanitarian law international law issue judgment judicial jurisdiction moral obligation organisations perpetrators persons political Principles and Guidelines procedures prosecution recognition redress rehabilitation Remedy and Reparation reparation for victims reparation measures reparation programme reparative justice responsibility restitutio in integrum restitution right to reparation Rwanda Sierra Leone society South Africa specific Statute suffering supra survivors systematic human rights Systematic Violations Theo van Boven torture transitional justice trials tribunals Truth and Reconciliation truth commissions Tutsi victims of gross violations of human violations of international