Jus Post Bellum and the Evolution of Reparations

Abstract

This chapter argues that reparations should be seen as instrumental for peacebuilding. In contemporary practices, they are no longer solely mediated through the state or confined to claims by individuals against states. Experiences of UN claims mechanisms and international criminal tribunals show that duties may also arise in the relationship between individuals. The chapter examines reparation practices, especially from the ICC, critically engaging with the source of compensation funds, as well as with the ultimate goal of reparations: building a just and sustainable peace. With this assessment, including lessons learned from the UN Compensation Commission, the chapter aims to reframe reparations as a critical element for peacebuilding.