Pub Date : 2020-02-07DOI: 10.1163/EJ.9789004174498.I-576.129
Carla J. Ferstman, Sheri P. Rosenberg
This chapter considers the issue of reparations in Bosnia and Herzegovina, looking in particular at the role of two of the institutions established under the Dayton Peace Accords. The signing of the Dayton Peace Agreement in December 1995 brought a formal end to the conflict and the Agreement provided the structure for the military and civilian implementation of the ceasefire. The Dayton institutions played important roles in the immediate post-war context in securing rights to the disenfranchised, in particular the Human Rights Chamber and the Commission for Real Property Claims of Refugees and Displaced Persons. The chapter considers the extent to which these institutions contributed to the vindication of victims' rights and afforded adequate and effective remedies and reparation. It also considers whether and to what extent the institutions, as quasi-international bodies with sui generis status and limited mandates fostered adequate and appropriate domestic responses to victimisation. Keywords: Bosnia; Dayton peace agreement; Herzegovina; human rights chamber; real property; victims' rights
{"title":"Reparations in Dayton’s Bosnia and Herzegovina","authors":"Carla J. Ferstman, Sheri P. Rosenberg","doi":"10.1163/EJ.9789004174498.I-576.129","DOIUrl":"https://doi.org/10.1163/EJ.9789004174498.I-576.129","url":null,"abstract":"This chapter considers the issue of reparations in Bosnia and Herzegovina, looking in particular at the role of two of the institutions established under the Dayton Peace Accords. The signing of the Dayton Peace Agreement in December 1995 brought a formal end to the conflict and the Agreement provided the structure for the military and civilian implementation of the ceasefire. The Dayton institutions played important roles in the immediate post-war context in securing rights to the disenfranchised, in particular the Human Rights Chamber and the Commission for Real Property Claims of Refugees and Displaced Persons. The chapter considers the extent to which these institutions contributed to the vindication of victims' rights and afforded adequate and effective remedies and reparation. It also considers whether and to what extent the institutions, as quasi-international bodies with sui generis status and limited mandates fostered adequate and appropriate domestic responses to victimisation. Keywords: Bosnia; Dayton peace agreement; Herzegovina; human rights chamber; real property; victims' rights","PeriodicalId":399330,"journal":{"name":"Reparations for Victims of Genocide, War Crimes and Crimes against Humanity","volume":"12 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131433721","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-02-07DOI: 10.1163/9789004377196_005
E. Jones
Mass violations are gendered; from the ways in which harms are experienced by all subjects in gendered ways to how they are then understood or silenced in gendered ways. Feminist scholars and activists have critiqued the framing and granting of reparations, arguing that classical forms of compensation and restitution cannot reflect women’s experiences. This is, in part, due to the specific harms women suffer as well as the fact that many of the harms women face occur because of preexisting inequalities. Providing restitution for the individual harm but not addressing the structures of inequality which fostered or caused the harm means returning women to a position of discrimination and inequality and therefore, a situation in which women’s rights are still being violated. Thus, the challenge is how to repair victims as equal rights holders given the fact that some groups were not equal rights holders in the first place. Following this line of argument, restitution as a form of reparation risks not addressing core human rights concerns. While reparations and broader human rights adjudication work largely to address individual and familiar harms, there is also a need to balance these harms further with the need for societal change. In response to concerns around often returning people to situations of inequality through the way reparations are currently applied, there have been multiple calls for and attempts to implement more transformative forms of reparations, i.e. reparations which seek to address and subvert preexisting unequal and discriminatory structures. Section two of this chapter outlines some of these responses, focusing on transformative reparations both as an essential framing of reparations from a
{"title":"Gender and Reparations: Seeking Transformative Justice","authors":"E. Jones","doi":"10.1163/9789004377196_005","DOIUrl":"https://doi.org/10.1163/9789004377196_005","url":null,"abstract":"Mass violations are gendered; from the ways in which harms are experienced by all subjects in gendered ways to how they are then understood or silenced in gendered ways. Feminist scholars and activists have critiqued the framing and granting of reparations, arguing that classical forms of compensation and restitution cannot reflect women’s experiences. This is, in part, due to the specific harms women suffer as well as the fact that many of the harms women face occur because of preexisting inequalities. Providing restitution for the individual harm but not addressing the structures of inequality which fostered or caused the harm means returning women to a position of discrimination and inequality and therefore, a situation in which women’s rights are still being violated. Thus, the challenge is how to repair victims as equal rights holders given the fact that some groups were not equal rights holders in the first place. Following this line of argument, restitution as a form of reparation risks not addressing core human rights concerns. While reparations and broader human rights adjudication work largely to address individual and familiar harms, there is also a need to balance these harms further with the need for societal change. In response to concerns around often returning people to situations of inequality through the way reparations are currently applied, there have been multiple calls for and attempts to implement more transformative forms of reparations, i.e. reparations which seek to address and subvert preexisting unequal and discriminatory structures. Section two of this chapter outlines some of these responses, focusing on transformative reparations both as an essential framing of reparations from a","PeriodicalId":399330,"journal":{"name":"Reparations for Victims of Genocide, War Crimes and Crimes against Humanity","volume":"29 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125692738","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-02-07DOI: 10.1163/ej.9789004174498.i-576.38
Judah Gribetz, Shari C. Reig
In accordance with the themes of the conference at which portions of this chapter originally were presented, the author describes some elements of our distribution process which may be germane to compensation programmes arising from more recent human rights atrocities. Some aspects of the Swiss Banks Settlement are unique because the case is governed by United States law and subject to particular United States legal requirements pertaining to class actions. Many of the issues that we confronted in devising a plan for distributing and allocating the $1.25 billion Settlement Fund, and in overseeing its implementation, may have broader relevance. The Distribution Plan was intended to allocate and distribute ?an historic, yet limited, settlement fund" in a manner that was ?fair, equitable and consistent with governing legal principles". Periodically, the Swiss banks would conduct internal ?surveys" to find ?dormant" Holocaust victim accounts. Keywords: human rights; Swiss banks Holocaust settlement; United States
{"title":"The Swiss Banks Holocaust Settlement","authors":"Judah Gribetz, Shari C. Reig","doi":"10.1163/ej.9789004174498.i-576.38","DOIUrl":"https://doi.org/10.1163/ej.9789004174498.i-576.38","url":null,"abstract":"In accordance with the themes of the conference at which portions of this chapter originally were presented, the author describes some elements of our distribution process which may be germane to compensation programmes arising from more recent human rights atrocities. Some aspects of the Swiss Banks Settlement are unique because the case is governed by United States law and subject to particular United States legal requirements pertaining to class actions. Many of the issues that we confronted in devising a plan for distributing and allocating the $1.25 billion Settlement Fund, and in overseeing its implementation, may have broader relevance. The Distribution Plan was intended to allocate and distribute ?an historic, yet limited, settlement fund\" in a manner that was ?fair, equitable and consistent with governing legal principles\". Periodically, the Swiss banks would conduct internal ?surveys\" to find ?dormant\" Holocaust victim accounts. Keywords: human rights; Swiss banks Holocaust settlement; United States","PeriodicalId":399330,"journal":{"name":"Reparations for Victims of Genocide, War Crimes and Crimes against Humanity","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130628013","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-02-07DOI: 10.1163/9789004377196_023
Nelson Camilo Sánchez León, C. Sandoval-Villalba
This article looks at the implementation of the Victims and Land Restitution Law in Colombia. This Law is considered to have established one of the most ambitious DRPs in the world to provide reparation to more than 8 million victims. The article considers whether the various tools including in Colombia's domestic reparation programme have been effective and what lessons can be learned from the implementation process of this Law after eight years of implementation.
{"title":"Go Big or Go Home? Lessons Learned from the Colombian Victims’ Reparation System","authors":"Nelson Camilo Sánchez León, C. Sandoval-Villalba","doi":"10.1163/9789004377196_023","DOIUrl":"https://doi.org/10.1163/9789004377196_023","url":null,"abstract":"This article looks at the implementation of the Victims and Land Restitution Law in Colombia. This Law is considered to have established one of the most ambitious DRPs in the world to provide reparation to more than 8 million victims. The article considers whether the various tools including in Colombia's domestic reparation programme have been effective and what lessons can be learned from the implementation process of this Law after eight years of implementation.","PeriodicalId":399330,"journal":{"name":"Reparations for Victims of Genocide, War Crimes and Crimes against Humanity","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124820298","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-02-07DOI: 10.1163/EJ.9789004174498.I-576.109
Andrea Gualde, Natalia Luterstein
Reparations for human rights violations have ?the purpose of relieving the sufferring and affording justice to victims by removing or redressing to the extent possible the consequences of the wrongful acts and by preventing and deterring violations". In this respect, the Argentinean reparations programme is historic and wide-ranging, and can be broadly divided into two general categories: pecuniary reparations; and non-pecuniary reparations, which include, inter alia, truth commission and accountability measures. The Argentinean reparations programme has seen several reforms in search for the best means of facing the terrible consequences of the last military dictatorship and its impact on the individuals directly affected and on society as a whole. Keywords: Argentinean reparations programme; human rights violations; military dictatorship; non-pecuniary reparations; pecuniary reparations
{"title":"The Argentinean Reparations Programme for Grave Violations of Human Rights Perpetrated during the Last Military Dictatorship (1976–1983)","authors":"Andrea Gualde, Natalia Luterstein","doi":"10.1163/EJ.9789004174498.I-576.109","DOIUrl":"https://doi.org/10.1163/EJ.9789004174498.I-576.109","url":null,"abstract":"Reparations for human rights violations have ?the purpose of relieving the sufferring and affording justice to victims by removing or redressing to the extent possible the consequences of the wrongful acts and by preventing and deterring violations\". In this respect, the Argentinean reparations programme is historic and wide-ranging, and can be broadly divided into two general categories: pecuniary reparations; and non-pecuniary reparations, which include, inter alia, truth commission and accountability measures. The Argentinean reparations programme has seen several reforms in search for the best means of facing the terrible consequences of the last military dictatorship and its impact on the individuals directly affected and on society as a whole. Keywords: Argentinean reparations programme; human rights violations; military dictatorship; non-pecuniary reparations; pecuniary reparations","PeriodicalId":399330,"journal":{"name":"Reparations for Victims of Genocide, War Crimes and Crimes against Humanity","volume":"47 12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128811938","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-02-07DOI: 10.1163/EJ.9789004174498.I-576.44
H. Niebergall
This chapter seeks to provide an overview and give concrete examples of how large-scale reparation programmes have administered the evidence in their decision-making processes, in particular the new techniques and approaches applied in order to overcome the lack of evidence in individual cases. There are two main challenges that large-scale reparation claims programmes face in the administration of evidence. These are the incomplete evidence submitted by individual claimants in support of their claim, and the vast amount of information that the programmes have to administer in total. In reparation claims programmes that address gross violations of human rights following a conflict or crisis, the lack of evidence in individual claims is very much linked with the circumstances leading to the losses and violations that were sustained and that are to be redressed through the programme. Keywords: decision-making process; documentary evidence; human rights; reparation claims programmes
{"title":"Overcoming Evidentiary Weaknesses in Reparation Claims Programmes","authors":"H. Niebergall","doi":"10.1163/EJ.9789004174498.I-576.44","DOIUrl":"https://doi.org/10.1163/EJ.9789004174498.I-576.44","url":null,"abstract":"This chapter seeks to provide an overview and give concrete examples of how large-scale reparation programmes have administered the evidence in their decision-making processes, in particular the new techniques and approaches applied in order to overcome the lack of evidence in individual cases. There are two main challenges that large-scale reparation claims programmes face in the administration of evidence. These are the incomplete evidence submitted by individual claimants in support of their claim, and the vast amount of information that the programmes have to administer in total. In reparation claims programmes that address gross violations of human rights following a conflict or crisis, the lack of evidence in individual claims is very much linked with the circumstances leading to the losses and violations that were sustained and that are to be redressed through the programme. Keywords: decision-making process; documentary evidence; human rights; reparation claims programmes","PeriodicalId":399330,"journal":{"name":"Reparations for Victims of Genocide, War Crimes and Crimes against Humanity","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128384647","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-02-07DOI: 10.1163/9789004377196_003
Theo C. van Boven
{"title":"Victims’ Rights to a Remedy and Reparation: the United Nations Principles and Guidelines","authors":"Theo C. van Boven","doi":"10.1163/9789004377196_003","DOIUrl":"https://doi.org/10.1163/9789004377196_003","url":null,"abstract":"","PeriodicalId":399330,"journal":{"name":"Reparations for Victims of Genocide, War Crimes and Crimes against Humanity","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121855596","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-02-07DOI: 10.1163/ej.9789004174498.i-576.29
G. Taylor, G. Schneider, Saul Kagan
The Claims Conference Programme for Former Slave and Forced Laborers began in 2000, after German Government and industry agreed to a DM 10 billion fund to compensate surviving former laborers under the Nazis. This Chapter focuses on the Claims Conference's effort to secure a measure of compensation for serious personal suffering experienced by Holocaust survivors. The Claims Conference intensively seeks the return and restitution of Jewish-owned property and assets confiscated or destroyed under the Nazis. The Claims Conference distinguishes between compensation, symbolic payments to acknowledge persecution and suffering, and restitution, the return of assets or payment for them. The historic international Jewish efforts at negotiating symbolic compensation and restitution for Jewish victims of Nazism have attempted the impossible task of reconciling the greatest moral challenge of our times with the base element of money. Yet throughout, the Claims Conference has always insisted that the process is about more than money. Keywords: Claims Conference; Holocaust survivors; Jewish victims; Nazism; Slave Labor Programme
{"title":"The Claims Conference and the Historic Jewish Efforts for Holocaust-Related Compensation and Restitution","authors":"G. Taylor, G. Schneider, Saul Kagan","doi":"10.1163/ej.9789004174498.i-576.29","DOIUrl":"https://doi.org/10.1163/ej.9789004174498.i-576.29","url":null,"abstract":"The Claims Conference Programme for Former Slave and Forced Laborers began in 2000, after German Government and industry agreed to a DM 10 billion fund to compensate surviving former laborers under the Nazis. This Chapter focuses on the Claims Conference's effort to secure a measure of compensation for serious personal suffering experienced by Holocaust survivors. The Claims Conference intensively seeks the return and restitution of Jewish-owned property and assets confiscated or destroyed under the Nazis. The Claims Conference distinguishes between compensation, symbolic payments to acknowledge persecution and suffering, and restitution, the return of assets or payment for them. The historic international Jewish efforts at negotiating symbolic compensation and restitution for Jewish victims of Nazism have attempted the impossible task of reconciling the greatest moral challenge of our times with the base element of money. Yet throughout, the Claims Conference has always insisted that the process is about more than money. Keywords: Claims Conference; Holocaust survivors; Jewish victims; Nazism; Slave Labor Programme","PeriodicalId":399330,"journal":{"name":"Reparations for Victims of Genocide, War Crimes and Crimes against Humanity","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124406719","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2008-08-20DOI: 10.1163/EJ.9789004174498.I-576.79
Conor Mccarthy
The issue of reparation for gross violations of human rights law and international humanitarian law has featured prominently in the jurisprudence of the International Court of Justice in recent years. This article explores a range of issues which arise out of this body of jurisprudence. It provides a critical assessment of how the Court goes about determining the form and extent of reparation which a responsible state is required to provide. It also looks at the process of negotiated settlement in respect of reparation and finally examines the question of enforcement.
{"title":"Reparation for Gross Violations of Human Rights Law and International Humanitarian Law at the International Court of Justice","authors":"Conor Mccarthy","doi":"10.1163/EJ.9789004174498.I-576.79","DOIUrl":"https://doi.org/10.1163/EJ.9789004174498.I-576.79","url":null,"abstract":"The issue of reparation for gross violations of human rights law and international humanitarian law has featured prominently in the jurisprudence of the International Court of Justice in recent years. This article explores a range of issues which arise out of this body of jurisprudence. It provides a critical assessment of how the Court goes about determining the form and extent of reparation which a responsible state is required to provide. It also looks at the process of negotiated settlement in respect of reparation and finally examines the question of enforcement.","PeriodicalId":399330,"journal":{"name":"Reparations for Victims of Genocide, War Crimes and Crimes against Humanity","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114269132","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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