Reparation in Favour of Individual Victims of Gross Violations of Human Rights and International Humanitarian Law

Abstract

Questions remain open as to the legal nature of the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights and Serious Violations of International Humanitarian Law (BPG), and this chapter examines what legal quality is attached to the propositions enunciated therein. It is obvious at first glance that the adoption of the BPG could not, as such, produce binding international law. The Commission on Human Rights enjoys no decision-making power. The BPG attempts to regulate all the consequences that may flow from the commission of grave violations of human rights and international humanitarian law (IHL), without drawing any distinctions between criminal law and other which one might call civil aspects in as much as they affect the status of individual victims of such violations. Keywords: BPG; human rights; InternationalLaw Commission (ILC); international humanitarian law (IHL)