General Enquiries into Reparation for War Victims under International Law

نویسندگان

چکیده

This work aims to assess some theoretical discussions about legal standing of reparation for war victims in international law and its foundation contexts war. The first enquiry leads two approaches, one expansive idea the other more restrictive. Under one, is seen as a general right customary character, directly conferred individuals result peremptory nature. Following restrictive tack, breaches but not any or obligation, there no binding instrument embodying such right, nor possible identify rules (jus cogens) that can be universally applicable. Furthermore, States remain leading actors building reparations entitlement individuals, remedies should stand States’ obligations rather than individuals’ rights settings mass atrocities. second sheds light on source victims. Both human humanitarian applies determine when obligation make arises, context conditions must accounted order know which prevails.

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ژورنال

عنوان ژورنال: Unilibre

سال: 2022

ISSN: ['2619-3752', '0121-3474']

DOI: https://doi.org/10.18041/0121-3474/verbaiuris.48.9941