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46 Colum. J. Transnat'l L. 351 (2007-2008)
Remedial Approaches to Human Rights Violations: The Inter-American Court of Human Rights and Beyond

handle is hein.journals/cjtl46 and id is 357 raw text is: Remedial Approaches to Human Rights Violations: The Inter-American Court of Human Rights and Beyond THOMAS M. ANTKOWIAK* A sustained reflection upon remedial obligations and possibilities is particularly necessary at this juncture in the development of international law, where impor- tant mechanisms with reparative functions have re- cently sprung up around the world. the International Criminal Court, the African Court of Human Rights, and several national schemes, as a result ofproliferat- ing transitional justice initiatives. This Article argues for a remedial model that emphasizes the restorative measures of satisfaction and rehabilitation, as well as general assurances of non-repetition. The work first examines the case law of the Inter-American Court of Human Rights, the only international human rights body with binding powers that has consistently or- dered equitable remedies in conjunction with compen- sation. The Article next considers the strengths and limitations of the Inter-American Tribunal's unique reparative approach, which has been neglected in the literature despite significant evolution in recent years. The following section attempts to refine the Court's normative model by proposing a participative methodology, consisting in procedural reforms, to calibrate remedies more precisely to a victim 's situa- tion and necessities. Finally, the work discusses how the Court's victim-conscious balance of non-monetary * Former Senior Attorney of the Inter-American Court of Human Rights. Antkowiak currently directs the Equal Access to Justice Program at the Due Process of Law Foundation and teaches a seminar on human rights at George Washington University Law School. J.D. Columbia Law School, A.B. Harvard College. The author thanks Eduardo Bertoni, Arturo Carrillo, Alejandra Gonza, Kirk Junker, Dinah Shelton, and Beth Van Schaack for valuable comments.

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