Fundamental Principles of International Law in Remedy and Reparation for Genocide Victims: Remembering and Forgetting

Abstract

All victims of human rights violations have the right to an effective remedy and to redress. Although this concept is a result of the responsibility of the state in cases of human rights violations, it is mostly important. International legal provisions on this issue are varied and often vague and do not use uniform terminology. Also, the detailed aspects of the duties of states in the prevention of grave violations of human rights have been established and refined in the international jurisprudence. The General Assembly, Recalling the provisions providing for the right to a remedy for victims of violations of international human rights law contained in numerous international instruments, in particular Article 8 and Article 2 of the International Covenant on Civil Rights (the Universal Declaration of Human Rights), (and Article 6 Of the International Convention on the Elimination of All Forms of Racial Discrimination). Without a doubt, for transitional justice, which seeks to address and transcend the legacy of impunity after mass abuse, the issues of truth-seeking, acknowledgment, and remembering victims are an essential part of our work towards building rights-deprived societies. Our time is bad. But not everyone agrees with this. There are many who say that it is better to turn the page, with the end of armed violence or systemic repression, that talking about the past, and insisting on noticing the commission of crimes and harms, may raise the risk of a return to violence. This perspective is It is often an honest response to years of turmoil, exhaustion, and fear, but unfortunately, too often these insights are used. It is overtly committed by those with influence and can be understood as a veiled threat in many circumstances. (Certainly this was the case in Chile and Guatemala, and perhaps today in Myanmar or Uganda.) Others argue that narratives of victimhood can be developed or manipulated into calls for revenge or that collective memory of grievances cannot be used to justify new wars, even centuries later. It is undoubtedly part of the context that we see in the Balkans, the Middle East, and the African shawl.