[Cambridge Studies in International and Comparative Law 01] • The Right to Reparation in International Law for Victims of Armed Conflict by Evans, Christine -- Read -- Imperial Library of Trantor

Index

Cover The Right to Reparation in International Law for Victims of Armed Conflict Title Copyright Contents Acknowledgements Table of cases

Permanent Court of International Justice International Court of Justice UN human rights treaty bodies: individual communications Human Rights Committee

Committee against Torture Committee on the Elimination of Discrimination against Women

UN human rights treaty bodies: general comments UN human rights treaty bodies: concluding observations European Court of Human Rights Inter-American Court of Human Rights African Commission on Human and Peoples' Rights Human Rights Chamber for Bosnia and Herzegovina International Criminal Tribunal for the Former Yugoslavia International Criminal Tribunal for Rwanda International Criminal Court Extraordinary Chambers in the Courts of Cambodia

Table of treaties

Human rights International humanitarian law International criminal law General international law

List of abbreviations 1: Introduction

1.1 Introduction and context 1.2 Aim and objectives of the study 1.3 Structure and outline

1.3.1 Part I 1.3.2 Part II

1.4 Definition of key concepts

Part I: Responsibility and legal standards

2: State responsibility, the legal order and the development of legal norms for victims

2.1 Introduction 2.2 Recognition of human rights in customary law 2.3 Recognition in general international law of individuals as beneficiaries of reparations 2.4 Reparation in international humanitarian law 2.5 Reparation in international human rights law 2.6 Reparation provisions in regional human rights instruments 2.7 Basic principles on the right to reparation for victims 2.8 A customary right to reparation? 2.9 Conclusions

3: Human rights jurisprudence on reparations, international and regional

3.1 Introduction 3.2 The international human rights treaty body system 3.3 The European system for human rights protection 3.4 The Inter-American system for human rights protection 3.5 The African system for human rights protection 3.6 Conclusions

4: Reparations in international criminal law

4.1 Introduction 4.2 Origins of reparation provisions in international criminal law 4.3 Reparations and the ad hoc international tribunals 4.4 Reparations in the Rome Statute of the International Criminal Court 4.5 International Criminal Court Trust Fund for Victims 4.6 Steps backwards? The Special Panels for Serious Crimes in East Timor, the Special Court for Sierra Leone and the Extraordinary Chambers in the Courts of Cambodia

4.6.1 East Timor 4.6.2 The Special Court for Sierra Leone 4.6.3 Cambodia

4.7 Contributing factors to the shift in the focus on victims rights within international criminal law

4.7.1 Victimology 4.7.2 Restorative justice 4.7.3 Feminist critique

4.8 Conclusions

5 Conclusions Part I - legal state of play: convergence of international law and reparation as an individual legal right with customary recognition

Part II: Transferring standards into reality

6: The role of the UN and the promotion of victims' rights and reparations in practice

6.1 Introduction to transitional justice mechanisms and truth commissions 6.2 The United Nations Compensation Commission 6.3 Compensation in Darfur?

7: Case study: reparations in Guatemala

7.1 Introduction 7.2 Brief historical background 7.3 Peace negotiations 7.4 Establishment and mandate of the Truth Commission 7.5 Operational aspects of the Historical Clarification Commission 7.6 The Final Report of the Historical Clarification Commission 7.7 Follow-up and implementation of the recommendations regarding reparations 7.8 Conclusions

8: Case study: reparations in Sierra Leone

8.1 Introduction 8.2 Brief historical background 8.3 Lomé Peace Agreement 8.4 The Truth and Reconciliation Commission Act of 2000 8.5 Operational aspects of the Truth and Reconciliation Commission 8.6 The relationship between the Truth Commission and the Special Court 8.7 The Final Report of the Truth Commission and its Recommendations 8.8 Follow-up and implementation of the recommendations regarding reparations 8.9 Conclusions

9: Case study: reparations in East Timor

9.1 Introduction 9.2 Brief historical background 9.3 Prosecutions and the Truth Commission 9.4 Establishment of the Commission for Reception, Truth and Reconciliation 9.5 Operational aspects of the Commission for Reception, Truth and Reconciliation 9.6 The Final Report of the Truth Commission and its Recommendations 9.7 Follow-up and implementation of the recommendations regarding reparations 9.8 Conclusions

10: Case study: reparations in Colombia

10.1 Introduction 10.2 Brief historical background 10.3 Negotiations with the paramilitaries 10.4 The 'Alternative Justice' bill 10.5 Law 975 of 2005: La Ley de Justicia y Paz 10.6 Reparations in Law 975 of 2005 10.7 National Commission on Reparations and Reconciliation 10.8 Administrative reparations programme 10.9 The Law on Victims' Right to Comprehensive Reparation and Land Restitution: Law 1448 10.10 Conclusions

11: Conclusions Part II - reparations in practice: comparative analysis of practice, lessons learnt and future challenges 12: Final remarks: the right to reparation and implementation of the legal norm: emerging convergence of law and practice?

Bibliography

Books Articles and chapters Reports and publications of NGOs, professional associations, unpublished papers and academic seminar proceedings United Nations documents

Reports of the UN Secretary-General UN General Assembly

Resolutions Reports

UN Security Council

Resolutions

UN Commission on Human Rights/Human Rights Council

Resolutions Reports

Various UN or OHCHR documents and reports

International Law Commission Reports from regional human rights organisations National truth commission reports

East Timor/Timor Leste Guatemala Sierra Leone

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