Chapter

Obligation to provide access to adequate remedies to victims of CBRN events under IHL and IHRL

Francesca Capone

International law and chemical, biological, radio-nuclear (CBRN) events : towards an all-hazards approach

Leiden ; Boston : Brill Nijhoff, 2022

p. 619-642

English

Bibliography : p. 639-642

The present contribution aims at mapping and analysing the procedural and substantive aspects related to the international remedies that can be claimed directly by individuals or groups of victims of CBRN-related violations as committed by States, private actors (eg terrorist organisations), business enterprises or individual perpetrators, in the various phases of a CBRN event. In relation to those responsible for violations that directly cause (or contribute to) a CBRN event, it is worth underscoring that all the actors mentionned above bear an obligation to provide reparations, as spelled out by different sources of international law, eg the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA). Ultimately, the present chapter will address the following key issues: an overview of victims' rights (or lack thereof) as enshrined in the current international and regional legal regimes applicable specifically to CBRN events; the role of international human rights law (IHRL) and international humanitarian law (IHL); and the potential contribution of international criminal law (ICL).

• International law and chemical, biological, radio-nuclear (CBRN) events : towards and all-hazards approach / edited by Andrea de Guttry, Federico Casolari, Micaela Frulli and Ludovica Poli