The International Court of Justice and applied forms of reparation for international human rights and humanitarian law violations

Abstract

The International Court of Justice has contributed significantly to developing and interpreting different legal aspects concerning reparations which are due to states or individuals for internationally wrongful acts committed against them. This paper will analyze a number of decisions by this Court that provide for either state or individual reparations for violations of international human rights and humanitarian law. That analysis is structured according to the four types of reparations applied in the relevant decisions, notably restitution, compensation, satisfaction and guarantees of non-repetition. Although these decisions generally provide a limited discussion on the implementation or specific modalities of reparations, the fundamental rules and principles of the applicable types of reparations establish legal obligations vis-à-vis states, or natural and legal persons affected by such violations.