Judicial Redress for Historical Crimes: Procedure

Introduction In logical and formal legal terms, the concept of compensation for victims of historical crimes through civil legal proceedings is perfectly coherent and can be implemented in many legal systems with limited technical difficulties. Claims for compensation can be formulated in pleadings on the basis of substantive legal theorems recognized in virtually all modern legal systems. Problems of evidence can be accommodated by relaxation of the restrictions on “hearsay” evidence. Various procedural mechanisms exist in all modern legal systems by which claims of multiple claimants can be joined together in one action or by consolidation of separate proceedings. Adjustments in other procedural rules that formally are only minor ones would accommodate the claims. Hence, arguments questioning the legitimacy of claims for compensation for historical crimes cannot be intelligently addressed in terms of conventional legal analysis of judicial procedures. Instead, different terms of reference are required.