Non-compensatory Reparation Modalities in UN Legal Sources

Abstract

Abstract Compensation has been traditionally the most common reparation modality to redress harm inflicted. However, UN legal sources have increasingly evidenced that compensation is only one among other reparation modalities, especially regarding victims of gross violations of human rights. The main research question of this piece is: How have key UN legal sources addressed non-compensatory that states are obliged to provide to victims of gross violations of human rights? Non-compensatory reparation modalities are identified, systematized, and examined under four internationally recognized categories: restitution, rehabilitation, satisfaction, and guarantees of non-repetition. The selected UN legal sources are primarily treaties, resolutions, draft instruments, case law, general comments, general observations, and reports adopted by diverse UN organs. These organs are specifically: the UN General Assembly, UN human rights treaty bodies, the International Law Commission, the International Court of Justice, and the Special Rapporteur on truth, justice, reparation, and guarantees of non-recurrence.