Preface
Theo Van Boven=v Stephan Parmentier and Koen De Feyter=1
Part One. General Framework
The United Nations Principles and Guidelines on Reparations: Context and Contents - Dinah Shelton=11
1. Origin and Development of the UN Basic Principles and Guidelines=14
2. Reparations in Other Work of the Commission on Human Rights=23
3. United Nations Treaty Bodies=29 Conclusions and Prospects=31
Victims and Citizens: The Discourse of Reparations(S) at the Dawn of the New Millennium John Torpey=35
1. The Meaning of "Reparations"=36
2. Victim Consciousness vs. Civic Identity=41
3. Fixing the Past vs. Fixing the Present=45
Part Two. Key Issues Reparation as a Compolnent of Transitional Justice: Pursuing 'Reparative Justice' in the Aftermath of Violent Conflict Rama Mani=53
1. The Emergence of Transitional Justice=53
2. Rebuilding an Inclusive Political and Moral Community of Survivors=69
Conclusion: Mobilising Reparative Justice-Guilt or Responsibility?=80
Deserving and Undeserving Victims: Political Context and Legal Framework of Hard Cases of Reparation Elazar Barkan=83
Introduction: History as Identity=83
1. Morality and Grey Zones=84
2. German Victims=90
3. Population Transfers=99
4. Undeserving Victims?=102
Victims' Expectations, Needs and Perspectives after Gross and Systematic Human Rights Violations Martien Schotsmasn=105
1. Physical Security=107
2. Recognition of Suffering=107
3. Some Kind of Justice and Acknowledgment of the Wrong Done to Them=114
4. Truth=120
5. Some KInd of Reparation=125
The Dilemma's of Reparations: in Search of a Process-Driven Approach Brandon Hamber=135
1. Repairign the Irrepairable=135
2. Interlinking Truth, Justice and Reparations=137
3. Reparations as Process=141
4. The South African Case=142
5. Civil Society, Activism and Reparations=147
Reparations for Gross Human Rights Violations as an Outcome of Criminal Versus Civil Court Proceedings Jeremy Sarkin=151
1. The Reality of Victim Reparation=155
2. Reparation from Domestic Courts=157
3. Types of Reparation Payable=174
4. Reparation for Individuals in International Law=174
5. Recent Developments before International(ised) Criminal Bodies=176
6. Regional Systems and Reparation for Victims=182
7. Other(Non Judicial) Means to Obtain Reparations=184
Part Three. Case Studies The Expanding Scope and Impact of Reparations Awarded by the Inter-american Court of Human Rights Douglas Cassel=191
1. International vs. National Law=192
2. Summary of Reparations and Remedies Ordered by the Court=193
3. Two Illustrative Cases: Reparations Then and Now=208
4. Reasons for Evolution in the Court's Jurisprudence on Reparations=211
Appendix 1: Judgments on Reparations of Inter-American Court of Human Rights, 1989-2004=215
Appendix 2: Summary of Reparations Ordered by Inter-American Court=217
The Trust Fund For Victims of the International Criminal Court: Between Possibilities and Constraints Pablo De Greiff and Marieke Wierda=225
1. The Legal Framework Governing Reparations and the Trust Fund for Victims=228
2. Reparation Programmes: Goals and Forms=231
3. Practical Reasons for According and Expanded Role to the TFV=237
4. Considerations for Activating the TVF and the Design of Programmes=241
Reparation by the Human Rights Chamber for Bosnia and Herzegovina Manfred Nowak=245
Introduction: The Need for Reparation in the Former Yugoslavia=245
1. Mandate of the Human Rights Chamber=246
2. Remedies and Reparation Ordered by the Chamber=248
3. Contribution of the chamber to an Emerging Right of Reparation for Victims of Human Rights Violation=277
Reparation Practices in Sierra Leone and The Truth and Reconciliation Commission William A.Schabas=289
1. Reparations in the Lome Peace Agreement=290
2. Establishment of the Truth and Reconciliation Commission=291
3. Other Bodies Taking Responsibility for Reparations=296
4. Responsibility for Reparations=298
5. The conceptual Framework for Reparations=299
6. Specific Measures=302
7. Implementation=307
Reparation for Victims in Rwanda: Caught Between Theory and Practice Heidy Rombouts and Stef Vandeginste=309
1. Socio-Political Framework=309
2. Who Bears the Duty to Provide Reparation?=316
3. Forms of Reparation=327
4. Who is Entitled to Reparation?335
Part Four. Antwerp/Leuven Research Project
The Right to Reparation for Victims of Gross and Systematic Violations of Human Rights Heidy Rombouts, Pietro Sardaro and Stef Vandeginste=345
Introduction
1. Backgroung and Context=345
2. Object, Aporoach and Structure=347
3. The Specific Research focus: Reparation for Gross and Systematic Human Rights Violations=348
Part I. Law and Practice of Reparation for Human Rights Violations=354
1. The International Right to Reparation for Victims of Human Rights Violations: An Overview=355
2. Remedies at the Interantional Level=371
3. Remedies at the Natinal Level=420
4. Appraisal of the Victims' Right to Reparation under International Law: Between Myth and Reality=451
Part II. Challenges and Prospects with Respect to Reparation for Gross and Systmeatic Violations=455
1. The Substance of Reparation=456
2. The Beneficiaries of Reparation=466
3. Who Bears the Duty to Repair?=476
4. Modalities and Forums=487
5. The Process of Reparation=496
Conclusions
The United Nations 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 Humanaitarian Law=505
About the Authors=517
Theo Van Boven=v Stephan Parmentier and Koen De Feyter=1
Part One. General Framework
The United Nations Principles and Guidelines on Reparations: Context and Contents - Dinah Shelton=11
1. Origin and Development of the UN Basic Principles and Guidelines=14
2. Reparations in Other Work of the Commission on Human Rights=23
3. United Nations Treaty Bodies=29 Conclusions and Prospects=31
Victims and Citizens: The Discourse of Reparations(S) at the Dawn of the New Millennium John Torpey=35
1. The Meaning of "Reparations"=36
2. Victim Consciousness vs. Civic Identity=41
3. Fixing the Past vs. Fixing the Present=45
Part Two. Key Issues Reparation as a Compolnent of Transitional Justice: Pursuing 'Reparative Justice' in the Aftermath of Violent Conflict Rama Mani=53
1. The Emergence of Transitional Justice=53
2. Rebuilding an Inclusive Political and Moral Community of Survivors=69
Conclusion: Mobilising Reparative Justice-Guilt or Responsibility?=80
Deserving and Undeserving Victims: Political Context and Legal Framework of Hard Cases of Reparation Elazar Barkan=83
Introduction: History as Identity=83
1. Morality and Grey Zones=84
2. German Victims=90
3. Population Transfers=99
4. Undeserving Victims?=102
Victims' Expectations, Needs and Perspectives after Gross and Systematic Human Rights Violations Martien Schotsmasn=105
1. Physical Security=107
2. Recognition of Suffering=107
3. Some Kind of Justice and Acknowledgment of the Wrong Done to Them=114
4. Truth=120
5. Some KInd of Reparation=125
The Dilemma's of Reparations: in Search of a Process-Driven Approach Brandon Hamber=135
1. Repairign the Irrepairable=135
2. Interlinking Truth, Justice and Reparations=137
3. Reparations as Process=141
4. The South African Case=142
5. Civil Society, Activism and Reparations=147
Reparations for Gross Human Rights Violations as an Outcome of Criminal Versus Civil Court Proceedings Jeremy Sarkin=151
1. The Reality of Victim Reparation=155
2. Reparation from Domestic Courts=157
3. Types of Reparation Payable=174
4. Reparation for Individuals in International Law=174
5. Recent Developments before International(ised) Criminal Bodies=176
6. Regional Systems and Reparation for Victims=182
7. Other(Non Judicial) Means to Obtain Reparations=184
Part Three. Case Studies The Expanding Scope and Impact of Reparations Awarded by the Inter-american Court of Human Rights Douglas Cassel=191
1. International vs. National Law=192
2. Summary of Reparations and Remedies Ordered by the Court=193
3. Two Illustrative Cases: Reparations Then and Now=208
4. Reasons for Evolution in the Court's Jurisprudence on Reparations=211
Appendix 1: Judgments on Reparations of Inter-American Court of Human Rights, 1989-2004=215
Appendix 2: Summary of Reparations Ordered by Inter-American Court=217
The Trust Fund For Victims of the International Criminal Court: Between Possibilities and Constraints Pablo De Greiff and Marieke Wierda=225
1. The Legal Framework Governing Reparations and the Trust Fund for Victims=228
2. Reparation Programmes: Goals and Forms=231
3. Practical Reasons for According and Expanded Role to the TFV=237
4. Considerations for Activating the TVF and the Design of Programmes=241
Reparation by the Human Rights Chamber for Bosnia and Herzegovina Manfred Nowak=245
Introduction: The Need for Reparation in the Former Yugoslavia=245
1. Mandate of the Human Rights Chamber=246
2. Remedies and Reparation Ordered by the Chamber=248
3. Contribution of the chamber to an Emerging Right of Reparation for Victims of Human Rights Violation=277
Reparation Practices in Sierra Leone and The Truth and Reconciliation Commission William A.Schabas=289
1. Reparations in the Lome Peace Agreement=290
2. Establishment of the Truth and Reconciliation Commission=291
3. Other Bodies Taking Responsibility for Reparations=296
4. Responsibility for Reparations=298
5. The conceptual Framework for Reparations=299
6. Specific Measures=302
7. Implementation=307
Reparation for Victims in Rwanda: Caught Between Theory and Practice Heidy Rombouts and Stef Vandeginste=309
1. Socio-Political Framework=309
2. Who Bears the Duty to Provide Reparation?=316
3. Forms of Reparation=327
4. Who is Entitled to Reparation?335
Part Four. Antwerp/Leuven Research Project
The Right to Reparation for Victims of Gross and Systematic Violations of Human Rights Heidy Rombouts, Pietro Sardaro and Stef Vandeginste=345
Introduction
1. Backgroung and Context=345
2. Object, Aporoach and Structure=347
3. The Specific Research focus: Reparation for Gross and Systematic Human Rights Violations=348
Part I. Law and Practice of Reparation for Human Rights Violations=354
1. The International Right to Reparation for Victims of Human Rights Violations: An Overview=355
2. Remedies at the Interantional Level=371
3. Remedies at the Natinal Level=420
4. Appraisal of the Victims' Right to Reparation under International Law: Between Myth and Reality=451
Part II. Challenges and Prospects with Respect to Reparation for Gross and Systmeatic Violations=455
1. The Substance of Reparation=456
2. The Beneficiaries of Reparation=466
3. Who Bears the Duty to Repair?=476
4. Modalities and Forums=487
5. The Process of Reparation=496
Conclusions
The United Nations 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 Humanaitarian Law=505
About the Authors=517