
Contents
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1. Introduction 1. Introduction
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2. The Question of the Beneficiaries of the State's Obligation to Pay Compensation under Article 3 of Hague Convention IV Hague IV and Additional Protocol AP I 2. The Question of the Beneficiaries of the State's Obligation to Pay Compensation under Article 3 of Hague Convention IV Hague IV and Additional Protocol AP I
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3. Subjects Entitled to Reparation under the Rules of International State Responsibility for Wrongful Acts 3. Subjects Entitled to Reparation under the Rules of International State Responsibility for Wrongful Acts
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A. The (ir)relevance of the Articles on State Responsibility for international wrongful acts A. The (ir)relevance of the Articles on State Responsibility for international wrongful acts
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B. The obligation to repair in case of injuries stemming from violations of erga omnes obligations B. The obligation to repair in case of injuries stemming from violations of erga omnes obligations
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1. Injured and non-injured states and the right to claim reparation under the ILC's articles 1. Injured and non-injured states and the right to claim reparation under the ILC's articles
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2. The holder of the right to reparation in case of violations of erga omnes obligations protecting individuals’ interests 2. The holder of the right to reparation in case of violations of erga omnes obligations protecting individuals’ interests
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4. Do Individuals Enjoy Rights under International Humanitarian Law (IHL)? 4. Do Individuals Enjoy Rights under International Humanitarian Law (IHL)?
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A. The individuals as holders of primary rights under IHL A. The individuals as holders of primary rights under IHL
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B. The individuals as holders of ‘secondary’ rights under IHL B. The individuals as holders of ‘secondary’ rights under IHL
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C. How can the relationship of international responsibility of the state towards individuals be enforced? C. How can the relationship of international responsibility of the state towards individuals be enforced?
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5. Conclusion 5. Conclusion
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8 Are Victims of Serious Violations of International Humanitarian Law Entitled to Compensation?
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Published:January 2011
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Abstract
Despite the expansion and development of international human rights law and, in more recent times, of international criminal law, victims of serious violations of rules of international humanitarian law (IHL) are still not considered to be entitled to reparation under international law. The common wisdom is that only the belligerent party as such has this legal entitlement, including for violations of IHL causing damage to specific individuals. This chapter examines to what extent the traditional approach to this issue is tenable today, when serious violations of IHL are at stake. It begins by stressing the ambiguities of the relevant provisions on compensation enshrined in the Hague Convention IV (Hague IV) of 1907 and Additional Protocol I (AP I) to the Geneva Conventions (GC). It then discusses the applicable rules under the general regime on state responsibility, in particular the rules regarding violations of erga omnes obligations. This analysis hopes to help with the identification of which states are entitled to ask for compensation within an inter-state framework or in the case of serious violations of the laws of warfare committed in non-international armed conflicts. Finally, some recent developments which indicate that under international law individuals have the right to obtain compensation from the state responsible for serious violations of IHL are considered.
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