Legal Instruments

New laws, Declarations and Conventions appear continuously in response to new conflicts, new cases and evolving attitudes to reparations. Legal Instruments such as peace agreements, relating to specific historical conflicts, tend to accumulate around the period of the conflict. Historical Claims Commissions can be found in a dedicated section.

Legal Instruments on Reparations

2015 | International Criminal Court Trust Fund for Victims: Draft Implementation Plan

2014 | International Law Association Procedural Principles for Reparation Mechanisms (Res 1/2014)

2012 | International Criminal Court (Lubanga) Decision establishing the principles and procedures to be applied to reparations.

2012 | Committee Against Torture General Comment No. 3 on Implementation of article 14 of Convention Against Torture by States parties

2010 | Declaration of International Law Principles on Reparation for Victims of Armed Conflict (Substantive Issues) (Res. 2/2010)

2007 | Principles And Guidelines On Children Associated With Armed Forces Or Armed Groups (The ‘Paris Principles’)

2007 | Nairobi Declaration on Women’s and Girls’ Right to a Remedy and Reparation

2007 | Chicago Principles on Post-Conflict Justice

2006 | International Convention for the Protection of All Persons from Enforced Disappearance (CPED), 20 December 2006

2005 | Principles on Housing and Property Restitution for Refugees and Displaced Persons, ECOSOC Commission on Human Rights, Sub-Commission on the Promotion and Protection of Human Rights

2005 | Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law.

2004 | Human Rights Committee General Comment No. 31 on The Nature of the General Legal Obligation Imposed on States Parties to the International Covenant on Civil and Political Rights (ICCPR)

1997 | Cape Town Principles and Best Practices

1985 | Inter-American Convention to Prevent and Punish Torture

1985 | Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.

1966 | The International Covenant on Civil and Political Rights

1949 | The Geneva Conventions of 1949 and their Additional Protocols

1948 | The Universal Declaration of Human Rights

1907 | The Hague Convention IV respecting the Laws and Customs of War and its annex: Regulations concerning the Laws and Customs of War on Land. The Hague, 18 October 1907.

2017 | African Commission on Human and People’s Rights, General Comment no 4 on Article 5 of the African Charter on Human and Peoples’ Rights (the Right to Redress for Victims of Torture and Other Cruel, Inhuman or Degrading Punishment or Treatment)

2016 | European Union Agency for Fundamental Rights; Handbook on Access to Justice

2016 | European Union Agency for Fundamental Rights – Handbook on Access to Justice

2016 | European Court of Human Rights Rules of Court – Practice Direction on Just Satisfaction Claims

2015 | Principles and Guidelines on Human and Peoples Rights while Countering Terrorism in Africa

2014 | Malabo Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (Malabo Protocol)

2012 | Association of Southeast Asian Nations Human Rights Declaration, Association of Southeast Asian Nations, 19 November 2012

2008 | Robben Island Guidelines for the Prohibition and Prevention of Torture in Africa - Practical Guide for Implementation, by Jean-Baptiste Niyizurugero and Patrick Lessène, for the Association of Prevention of Torture.

2008 | Protocol on the Statute of the African Court of Justice and Human Rights with annex: The Statute of the African Court of Justice and Human Rights

2002 | African Commission on Human and Peoples’ Rights (ACHPR) Robben Island Guidelines

2022 | United States Department of Defence, Civilian Harm Mitigation and Response Action Plan

2022 | Letter Dutch Minister of Defence on civilian casualty prevention and enhanced transparency

2019 | US National Defense Authorization Act for Fiscal Year 2020

2019 | Guidelines for handling compensation claims in criminal proceedings in Serbia

2019 | Extraordinary Chambers in the Courts of Cambodia (ECCC) Internal Rule 23 - on Reparations - Proposed amendment by Centre for Justice and Accountability

2014 | United Nations Gaza Reconstruction Mechanism Oct 2014

2014 | Dutch Ministry of Defence memorandum ‘Procedure minimalizing/reporting civilian casualties'

2014 | Declaration of the Gaza Strip as an "Enemy Territory"

2013 | Transitional Justice Strategy by the BiH Council of Ministers

2012 | Civil Wrongs (Liability of the State) Law, 5712 (1952) with Amendments

2012 | 2008-12 Justice Sector Reform Strategy BiH

2010 | Roos et al., Commentary on the Constitution of Bosnia and Herzegovina

2010 | Civilian Policy Towards the Gaza Strip 2010

2010 | 2010 Law on Gender Equality – Federation of BiH

2009 | Iraqi Law No. 20 on Compensating Victims of Military Operations, Military Mistakes and Terrorist Actions

2008 | Bosnian National War Crimes Strategy, December 2008

2007 | Policy on Movement of People between the State of Israel and the Gaza Strip

2005 | The Nationality and Entry Into Israel Law (Temporary Order) with Amendment 2005

2003 | Criminal Procedure Code for Bosnia and Herzegovina

2003 | Criminal Code for Bosnia and Herzegovina

2002 | Special Court for Sierra Leone - Ratification Act

2000 | Statute of the Special Court of Sierra Leone

1995 | General Framework Agreement for Peace in Bosnia and Herzegovina

1967 | United Nations Security Council Resolution S/RES/242 (1967)

1948 | United Nations General Assembly Resolution A/Res/194 (III)

2006 | Housing and Property Claims Commission (HPCC)

2004 | (Proposed) Cyprus Property Board (CPB)

2000 | German Forced Labour Compensation Programme (GFLCP)

2000 | Eritrea-Ethiopia Claims Commission (EECC)

1997 | Claims Resolution Tribunal for Dormant Accounts in Switzerland (CRT-I)

1996 | Holocaust Victim Assets Program (HVAP) (CRT-II)

1995 | Commission for Real property Claims of Refugees and Displaced Persons in Bosnia Herzegovina

1991 | United Nations Compensation Commission (UNCC)

Mission

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