Reparations Decisions and Dilemmas
![handle is hein.journals/hasint27 and id is 173 raw text is: Reparations Decisions and Dilemmas
By NAOMI ROHT-ARRIAZA*
It is a basic maxim of law that harms should be remedied. All
legal systems allow for redress of wrongs, in some form. International
human rights law is no exception. The International Bill of Rights'
declares a right to a remedy for violations of human rights. States are
obliged to provide remedies for violations, both as a matter of treaty
law and as part of the general rules of state responsibility. Starting in
1989, the U.N. Human Rights Commission and its Sub-Commission
have formulated draft Basic Principles and Guidelines on the Right to
a Remedy and Reparation for Victims of Violations of International
Human Rights and Humanitarian Law (Principles),2 which outline
restitution, rehabilitation, compensation and satisfaction as
interlinked but distinct obligations on states. The draft Principles,
after years of discussion and massaging, are to be considered again by
the Commission in 2004. In addition, the statute of the newly-created
International Criminal Court allows for individual offenders to pay
reparations to victims, as well as for the creation of a trust fund to be
used where awards from individuals are impracticable.
* Professor of Law, University of California, Hastings College of Law. I would like
to acknowledge the able research assistance of Lee Cabatingan, including a great deal
of the writing of Part IV(B)(a), and of Carlos Flores. A shorter version of this article
will appear in MY NEIGHBOR, MY ENEMY (E. Stover & H. Weinstein eds.,
forthcoming 2004).
1. The International Bill of Rights consists of the Universal Declaration of
Human Rights, the International Covenant on Civil and Political Rights, and the
International Covenant on Economic, Social and Cultural Rights. See DAVID
WEISSBRODT ET AL., INTERNATIONAL HUMAN RIGHTS LAW, POLICY AND PROCESS
(3d ed. 2002).
2. Draft Basic Principles and Guidelines on the Right to a Remedy and
Reparation for Victims of Violations of International Human Rights and
Humanitarian Law, U.N. ESCOR, 56th Sess., Annex at 6-7, U.N. Doc.
E/CN.4/2000/62 (2000) [hereinafter Principles], available at
<www.unhchr.chlhuridocda/huridoca.nsf/e06a5300f90fa0238025668700518ca4/42bdlb
d544910ae3802568a20060e21f/$FILE/G0010236.pdf> (visited Jan. 17, 2004). The
Principles are appended to this article.](ViewImageLocal?handle=hein.journals/hasint27&div=15&collection=&method=preview&ext=.png&size=3)
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Reparations Decisions and Dilemmas
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