Individual remedies for victims of armed conflicts in the context of mass claims settlements
Coexistence, cooperation and solidarity : liber amicorum Rüdiger Wolfrum, vol. 2
Leiden [etc.] : M. Nijhoff, 2012
The emerging law on the peaceful resolution of armed conflicts has to address, among other issues, the resolution of claims of individual victims of violations of the law during the conflict. The question is wether - and, if so, how - international law should limit the discretion of parties to the conflict when they negotiate a comprehensive settlement of all the outstanding claims. This essay sets out to explore this question. The essay envisages negotiations towards a comprehensive settlement of all outstanding issues. This settlement will ultimately be part of a peace treaty in a case of an international armed conflict, or part of an internal agreement following an internal armed conflict, or both. The questions are similar : to what extend should the discretion of these parties be constrained by international law ? Does the law at present empower individual victims to seek reparations in courts for violations of international humanitarian law ?