Collective reparations : tensions and dilemmas between collective reparations and the individual right to receive reparations / Diana Odier-Contreras Garduno.

Format:

Book

Author/Creator:

Odier-Contreras Garduno, Diana, author.

Series:

Human rights research series ; 84.

Human rights research series ; 84

Language:

English

Subjects (All):

War reparations.

Restorative justice.

Reparation (Criminal justice).

Reparations for historical injustices.

International law.

International criminal law.

Human rights.

Physical Description:

1 online resource (xvi, 422 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Intersentia, 2018.

System Details:

text file

PDF

Summary:

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.

Notes:

Title from publisher's bibliographic system (viewed on 31 Jan 2019).

Other Format:

Print version:

ISBN:

9781780687469

Access Restriction:

Restricted for use by site license.