Out of the Ashes: Reparation for Victims of Gross and Systematic Human Rights Violations

Bìa trước
Koen 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.
 

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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
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Giới thiệu về tác giả (2005)

Koen De Feyter is the Chair of International Law at the University of Antwerp (Belgium), Faculty of Law, where he initiated the research group on law and development. He is the Convenor of the International research network on 'Localising human rights', that includes socio-legal field work in China, DRC and India. Stephan Parmentier studied law, political science and sociology at the universities of Ghent and Leuven (Belgium) and sociology and conflict resolution at the Humphrey Institute for Public Affairs, University of Minnesota-Twin Cities (U.S.A.). He currently teaches sociology of crime, law, and human rights at the Faculty of Law of the University of Leuven and is the former head of the Department of Criminal Law and Criminology (2005-2009). He is in charge of international relations in criminology at Leuven University and in July 2010 was appointed Secretary-General of the International Society for Criminology (re-elected in August 2014). He also serves on the Advisory Board of the Oxford Centre of Criminology and the International Centre for Transitional Justice (New York). He has served as a visiting professor (Oñati, San José, Sydney, Tilburg, Tokyo), visiting scholar (Oxford, Stellenbosch, Sydney) and guest lecturer in the fields of human rights, criminology and socio-legal studies. He is editor of the newly established Restorative Justice International Journal (Hart Publishing, Oxford). He co-directs the Flemish Interuniversity Network on Law and Development and co-organises the summer course on Human Rights for Development. He also serves as a referee to the ERC funding scheme of the European Union, and other national and international research foundations.

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