Abstract
In recent years, relentless efforts have been made worldwide for repairing the past harms done to victims of armed conflict. There has been a paradigm shift in international human rights law to addressing the victims’ need for reparation rather than emphasizing punishment for the perpetrators. A rights-based approach has been adopted towards making amends for the harm caused to victims in the past. Reparation is such a rightsbased approach, a diverse complementary form of justice to restore the life of the victims/survivors by means of restitution, compensation, rehabilitation, satisfaction and guarantee of non-recurrence of the violations upon the victims. Effective and inclusive response to violations during armed conflict and addressing those wrongs by way of reparation has become a priority within the international community to sustain peace and development in conflict-ridden countries. India, over the last few decades, has faced persistent violence perpetrated through armed conflict in regions such as Jammu and Kashmir as well as the North East. The lives of common people have been unsettled as a result of incessant killings, rapes and other brutalities. This article explores the development of reparation in the regime of international law and its implication for the victims of armed conflict. It underlines the initiatives of countries emerging from armed conflict in addressing the plight of victims by means of a reparative approach and argues that India needs to adopt a framework to reach out to those whose lives have been destroyed as the result of such violence and provide necessary reparation to them.
Highlights
Reparation is a right-based comprehensive approach, a diverse complementary form of justice to restore the lives of victims/survivors of violence
It underlines the initiatives of countries emerging from armed conflict in addressing the plight of victims by means of a reparative approach and argues that India needs to adopt a framework to reach out to those whose lives have been destroyed as the result of such violence and provide necessary reparation to them
In 2004, the United Nations and the government of Cambodia engaged in protracted negotiations which were followed with a draft agreement for a hybrid tribunal to be funded by the Government of Cambodia and the United Nations. This draft was subsequently codified as the law on the establishment of the Extraordinary Chambers in the Courts of Cambodia (ECCC) to prosecute the perpetrators involved in crimes during the Khmer Rouge regime
Summary
Reparation is a right-based comprehensive approach, a diverse complementary form of justice to restore the lives of victims/survivors of violence. Reparations are owed when (a) one party, the “perpetrator,” has wronged another party, the “victim,” (b) the perpetrator has thereby harmed the victim, and (c) the perpetrator can do something to compensate for the crime.. Reparation is thought to be“the physical embodiment of a society’s recognition of, and remorse and atonement for harms inflicted.” It is about making amends for damage: it is a mechanism to acknowledge and compensate victims for the harm suffered and the rights violated.. Reparation, in a broader sense, in the context of international law, refers to all means that could be employed to remedy the various harms that are inflicted upon victims as a consequence of crimes.. The international tools where the glimpse of the right to reparation is reflected since the inception of the United Nations are Article 91 of the Additional Protocol I to the Geneva Convention, 1949, Article 3 of the IV Hague Convention,
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