The Right to Compensation for Victims of Armed Conflicts

Abstract

International humanitarian law ensures the protection and provision of assistance to the victims of armed conflicts.However, once individuals become the victim of violations of international humanitarian law, the protection offered by this body of law effectively ceases. In particular, the law on its face offers victims of serious violations of this law little or no means of obtaining compensation.International humanitarian law sharply contrasts on this point with tendencies in international law. The related but separate body of human rights law clearly articulates a legal right to a compensation for violations of fundamental rights.Most recently, the Rome Statute of the International Criminal Court authorizes the Court to determine any damage, loss or injury to victims and provide reparations to them.Humanitarian law, however, does not expressly guarantee victims of violations of the law any right to a legal compensation. This paper examines the legal ways and means currently available under international law to victims of violations of international humanitarian law to have their primary rights respected. It explores the question of whether victims have the right to compensation and the extent to which this right can be enforced, if at all. On the basis of a brief survey of international practice, it will be argued that while there is little doubt that victims enjoy rights under international humanitarian law, their rights do not appear to be justifiable and as such difficult to transform in a right to a compensation.