Reparation For Gross Violations Of Human Rights Law And International Humanitarian Law At The International Court Of Justice

Abstract

This chapter examines three important issues that arise from the Court's recent jurisprudence, in particular its judgment in the Bosnia-Genocide case that largely determine the form and extent of reparation required. The issues are: breach of an obligation by a composite wrongful act, forms of injury requiring reparation and the role of causation in determining the injury requiring reparation. Many human rights and humanitarian law obligations are violated by a course of conduct rather than by a single act. Recent cases have given the International Court of Justice (ICJ) the opportunity to develop its jurisprudence on these issues, and the chapter appraises these recent developments and their impact on awards for reparation. The chapter describes questions of negotiated settlement and post-adjudicative enforcement, considering in particular the key issues raised by gross violations of human rights and humanitarian law that are highlighted by judgment on the merits in D.R.C. v. Uganda. Keywords: Bosnia-Genocide ; human rights law; international court of justice (ICJ); international humanitarian law; reparation award