Chapter

Reparation for individual victims of armed conflict

Elke Schwager

Research handbook on human rights and humanitarian law

Cheltenham ; Northampton : E. Elgar, 2013

p. 628-659

English

A right for individuals to claim reparation under international law is increasingly recognised. However, there is no standard procedure available for the enforcement of such a right, and, based on different reasons like waiver, immunity or non-justiciability, state practice and jurisprudence have often denied an individual holder the enforcement of his or her right. This chapter examines the origin of an individual right under international law. Less in the focus of international lawyers is the fact that violation of human rights or international humanitarian law might give rise to a right to reparation under domestic law as well. Finally, the different possibilities for enforcing a right to reparation along with potential obstacles to the enforcement is outlined.

• Research handbook on human rights and humanitarian law / ed. by Robert Kolb, Gloria Gaggioli