Reparation for Gross Violations of Human Rights Law and International Humanitarian Law at the International Court of Justice

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.