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2012 | Christine Evans; ‘The Right to Reparation in International Law for Victims of Armed Conflict’

in: Cambridge Studies in International and Comparative Law (series) No.91, CUP, UK 2012

The objective of this article is to chart the origins and the gradual development of reparations provisions in international criminal law and consider their contribution to the standing and rights of victims of armed conflict in international law. Reparations provisions in international criminal law have evolved at a slower pace than corresponding rights in human rights law, and  victim’s  experiences in seeking reparations to date have been more successful on the basis of human rights law. Expectations are high that the emerging practice of the International Criminal Court and its Trust Fund will provide a radical shift in favor of victims. However, it is submitted that responsibility for reparations should maintain an element of state responsibility as those considered to have carried the greatest responsibility for serious violations may have exercised functions of state authority. While the shift towards recognizing victims and their right to reparations in international criminal law is welcome and positive, ideally this should operate alongside measures to establish potential state responsibility vis-à-vis victims.