Abstract

Amsterdam Law Forum (ALF) is the student-run 'International Law Journal' of VU University. Every year ALF publishes a winter, spring, and summer issue. The journal consists of three sections; scientific articles, opinion articles, and commentaries. As of this year, ALF also creates a section for inaugural speeches. In addition, ALF hosts a conference in spring with a relevant legal theme, where renowned speakers are invited to share their perspectives. Overall, ALF is a topical journal that provides a platform for established scholars and young academics to share knowledge, opinions and experiences and to make contributions to the international law discourse. Staff, PhD students and master students who have written a very good thesis are invited to submit an article to ALF. What is learned in the cradle is carried to the tomb: we are looking forward to sharing your articles on our website!

Highlights

  • Under international law, the obligation to repair wrongdoings has been recognised for a long time.[1]

  • Pursuant to article 63 of the American Convention, the Inter-American Court of Human Rights has awarded collective reparations to victims of cases related to gross violations of human rights on a large scale

  • One of the elements in the concept of collective reparations put forward by Rosenfeld is the existence of collective harm, the practice of the Inter-American Court of Human Rights (IACtHR) shows that this suggestion is not entirely followed

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Summary

Introduction

The obligation to repair wrongdoings has been recognised for a long time.[1]. Do reparations aim at restoring the victim’s dignity, and at promoting peace and reconciliation.[5] According to Van Boven’s final report, there are five types of reparations for victims of gross human rights violations: restitution, compensation, measures of satisfaction, rehabilitation and guarantees of non-repetition. These forms of reparations can be granted on an individual or a collective basis. Before delving into the subject matter of this article, a brief recollection of the right to reparation is deemed necessary

The Right to Reparations
The Right to Reparations under the IACtHR
Collective Reparations
Collective Reparations under the IACtHR
IV.1 Reparations that Benefit Society as a Whole
IV.2 Collective Reparations
The Definition of Victim under International Law
Definition of Victim under the IACtHR
Direct and Indirect Victims
Potential Victims
Injured Party
VI.1 Beneficiaries of reparations under the IACtHR
VI.2 Beneficiaries of collective reparations under the IACtHR
Conclusion
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