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Collective Reparations - Tensions and Dilemmas between Collective Reparations with the Individual Right to Receive Reparations (Paperback)
Loot Price: R2,843
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Collective Reparations - Tensions and Dilemmas between Collective Reparations with the Individual Right to Receive Reparations (Paperback)
Series: Human Rights Research Series, 84
Expected to ship within 12 - 17 working days
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Although international human rights law establishes the individual
right to receive reparations, collective reparations have been
considered a common response from judicial and non-judicial bodies
to reparations for victims of gross violations of human rights. As
such, collective reparations have been awarded within the field of
international human rights law, international criminal law and
transitional justice. Yet the concept, content and scope of
collective reparations are rather unspecified. To date, neither the
judicial nor the non-judicial bodies that have granted this kind of
reparations have ever defined them.This book presents the first
study on collective reparations. It aims to shed light on the legal
framework, content and scope of collective reparations, and to the
relationship between collective reparations and the individual
right to reparations. In order to do so, the book analyses specific
case law from the Inter-American Court of Human Rights, the
International Criminal Court and the Extraordinary Chambers in the
Courts of Cambodia. Additionally, the practices of non-judicial
mechanisms were examined, specifically those of the Peruvian and
Moroccan Truth Commissions and of two mass claims compensation
commissions (the United Nations Compensation Commission and the
Eritrea-Ethiopia Claims Commission). Finally, it provides an
overview of the challenges that collective reparations present to
the fields of international human rights law and international
criminal law, including in their implementation.
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