31. Development And Interpretation Of Principles Of Reparation: The Case Law Of The IACHR And Its Possible Contributions To The Jurisprudence Of The ICC

Abstract

This chapter focuses on the jurisprudence of the Inter-American Court of Human Rights (IACHR) on victims' rights for reparations and how it could contribute to the application and interpretation of the aforesaid provisions of the Rome Statute. The IACHR and the Inter-American Commission on Human Rights are the two main organs of the Inter-American System of Human Rights. The chapter discusses some developments of the IACHR concerning reparations for victims and the potential value of its case law, particularly in relation to what constitutes 'victim', 'damage', 'individual and collective reparations' and 'types of reparations'. The IACHR has developed a concept of victim which is both innovative and linked to the cultural and social particularities of each individual. In general, the Court has established that the term 'victim' refers to a person whose rights have been violated. Keywords: Inter-American Court of Human Rights (IACHR); jurisprudence; Rome Statute; victim