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5 - Victim reparations

Published online by Cambridge University Press:  28 July 2009

Jo M. Pasqualucci
Affiliation:
University of South Dakota
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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 Press
Print publication year: 2003

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  • Victim reparations
  • Jo M. Pasqualucci, University of South Dakota
  • Book: The Practice and Procedure of the Inter-American Court of Human Rights
  • Online publication: 28 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494055.007
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  • Victim reparations
  • Jo M. Pasqualucci, University of South Dakota
  • Book: The Practice and Procedure of the Inter-American Court of Human Rights
  • Online publication: 28 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494055.007
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Victim reparations
  • Jo M. Pasqualucci, University of South Dakota
  • Book: The Practice and Procedure of the Inter-American Court of Human Rights
  • Online publication: 28 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494055.007
Available formats
×