In this evaluation of the international legal standing of the right to reparation and its practical implementation at the national level, Christine Evans outlines State responsibility and examines the jurisprudence of the International Court of Justice, the Articles on State Responsibility of the International Law Commission and the convergence of norms in different branches of international law, notably human rights law, humanitarian law and international criminal law. Case studies of countries in which the United Nations has played a significant role in peace negotiations and post-conflict processes allow her to analyse to what extent transitional justice measures have promoted State responsibility for reparations, interacted with human rights mechanisms and prompted subsequent elaboration of domestic legislation and reparations policies. In conclusion, she argues for an emerging customary right for individuals to receive reparations for serious violations of human rights and a corresponding responsibility of States.
Wiedergutmachung zugunsten des Opfers im Lichte strafrechtlicher Trennungsdogmatik: Plädoyer für eine opferorientierte Neuausrichtung des Strafgrundes
"This book argues that South Africa is haunted by the spectre of reparation.
This volume brings together the leading work on restorative justice to achieve two objectives: to construct a comprehensive and up-to-date conceptual framework for restorative justice suitable even for newcomers; and to challenge the ...
Though designed for the college classroom, this text is an ideal and accessible introduction for anyone interested in exploring the philosophy, evaluation, and application of restorative justice.