Book contents
- Frontmatter
- Contents
- Foreword
- Preface
- Acknowledgments
- Table of cases
- Table of Articles of the American Convention on Human Rights
- Table of 2001 Rules of Procedure of the Inter-American Court on Human Rights
- Table of 2001 Rules of Procedure of the Inter-American Commission on Human Rights
- Table of other legal instruments and documents
- 1 Introduction
- PART I The advisory jurisdiction of the Inter-American Court
- PART II The contentious jurisdiction of the Inter-American Court of Human Rights
- 3 Preliminary objections: legitimate issues and illegitimate tactics
- 4 Proceedings on the merits: fact-finding and attribution of State responsibility
- 5 Victim reparations
- PART III Provisional measures
- Appendix 1 American Convention on Human Rights
- Appendix 2 Rules of Procedure of the Inter-American Court of Human Rights
- Appendix 3 Statute of the Inter-American Court of Human Rights
- Appendix 4 Rules of Procedure of the Inter-American Commission on Human Rights
- Appendix 5 Form for presenting petitions on human rights violations
- Bibliography
- Index
5 - Victim reparations
Published online by Cambridge University Press: 28 July 2009
- Frontmatter
- Contents
- Foreword
- Preface
- Acknowledgments
- Table of cases
- Table of Articles of the American Convention on Human Rights
- Table of 2001 Rules of Procedure of the Inter-American Court on Human Rights
- Table of 2001 Rules of Procedure of the Inter-American Commission on Human Rights
- Table of other legal instruments and documents
- 1 Introduction
- PART I The advisory jurisdiction of the Inter-American Court
- PART II The contentious jurisdiction of the Inter-American Court of Human Rights
- 3 Preliminary objections: legitimate issues and illegitimate tactics
- 4 Proceedings on the merits: fact-finding and attribution of State responsibility
- 5 Victim reparations
- PART III Provisional measures
- Appendix 1 American Convention on Human Rights
- Appendix 2 Rules of Procedure of the Inter-American Court of Human Rights
- Appendix 3 Statute of the Inter-American Court of Human Rights
- Appendix 4 Rules of Procedure of the Inter-American Commission on Human Rights
- Appendix 5 Form for presenting petitions on human rights violations
- Bibliography
- Index
Summary
When a wrongful act occurs that is imputable to a State, the latter incurs international responsibility for violation of an international rule, and thus incurs a duty to make reparation.
Introduction
It is a basic principle of international law that a State must make adequate reparation for the harm caused by the breach of its international obligations. ‘Reparation is a generic term that covers the various ways a State can redress the international responsibility it has incurred.’ All aspects of a State's obligation to make the reparations ordered by an international court are governed by international law. The State may not invoke its domestic law to alter any aspect of the decision, including its scope, nature, means and the determination of beneficiaries. The purpose of reparations is twofold: first, to require States to observe certain standards of law and order; and, secondly, to repair, to the extent possible, any injuries caused as a result of a State's failure to meet those standards.
A State may incur international obligations under customary international law or through the ratification of a treaty. Historically, under the international law of injury to aliens, a State violated an international obligation to another State when it injured a citizen of another State. Only a State could sue another State and demand reparation for the injuries inflicted on its citizens. The injured individual did not have a directly enforceable claim against the State that violated his or her rights.
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- Publisher: Cambridge University PressPrint publication year: 2003