Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity : Systems in Place and Systems in the Making

This book provides detailed analyses of systems that have been established to provide reparations to victims of genocide, crimes against humanity and war crimes, and the way in which these systems have worked and are working in practice. Many of these systems are described and assessed for the first time in an academic publication. The publication draws upon a groundbreaking Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS at the Peace Palace in The Hague, with the support of the Dutch Carnegie Foundation. Both CNRC and REDRESS had become very concerned about the extreme difficulty encountered by most victims of serious international crimes in attempting to access effective and enforceable remedies and reparation for harm suffered. In discussions between the Conference organisers and Judges and officials of the International Criminal Court, it became ever more apparent that there was a great need for frank and open exchanges on the question of effective reparation, between the representatives of victims, of NGOs and IGOs, and other experts. It was clear to all that the many current initiatives of governments and regional and international institutions to afford reparations to victims of genocide, crimes against humanity and war crimes could benefit greatly by taking into full account the wide and varied practice that had been built up over several decades. In particular, the Hague Conference sought to consider in detail the long experience of the Conference on Jewish Material Claims against Germany (the Claims Conference) in respect of Holocaust restitution programmes, as well as the practice of truth commissions, arbitral proceedings and a variety of national processes to identify common trends, best practices and lessons. This book thus explores the actions of governments, as well as of national and international courts and commissions in applying, processing, implementing and enforcing a variety of reparations schemes and awards. Crucially, it considers the entire complex of issues from the perspective of the beneficiaries - survivors and their communities - and from the perspective of the policy-makers and implementers tasked with resolving technical and procedural challenges in bringing to fruition adequate, effective and meaningful reparations in the context of mass victimisation Contents......Page 6 Foreword Judge Elizabeth Odio-Benito......Page 10 Introductory Remarks Clemens N. Nathan......Page 14 Introduction Carla Ferstman, Mariana Goetz and Alan Stephens......Page 16 Part I: Reparations for Victims – Key Themes and Concepts......Page 26 Victims' Rights to a Remedy and Reparation: The New United Nations Principles and Guidelines Theo van Boven......Page 28 Massive Trauma and the Healing Role of Reparative Justice Yael Danieli......Page 50 Reparation Programmes: A Gendered Perspective Anne Saris and Katherine Lofts......Page 88 Part II: Reparations and the Holocaust......Page 110 The Claims Conference and the Historic Jewish Efforts for Holocaust-Related Compensation and Restitution Gideon Taylor, Greg Schneider and Saul Kagan......Page 112 The Swiss Banks Holocaust Settlement Judah Gribetz and Shari C. Reig......Page 124 Part III: The Internationalised Context of 'Mass Claims'......Page 152 Overcoming Evidentiary Weaknesses in Reparation Claims Programmes Heike Niebergall......Page 154 International Mass Claims Processes and the ICC Trust Fund for Victims Edda Kristjánsdóttir......Page 176 The United Nations Compensation Commission Linda A. Taylor......Page 206 Part IV: Reparations and International and Regional Courts......Page 224 Bringing Justice to Victims? Responses of Regional and International Human Rights Courts and Treaty Bodies to Mass Violations Lutz Oette......Page 226 The Concepts of 'Injured Party' and 'Victim' of Gross Human Rights Violations in the Jurisprudence of the Inter-American Court of Human Rights: A Commentary on their Implications for Reparations Clara Sandoval-Villalba......Page 252 Reparation for Gross Violations of Human Rights Law and International Humanitarian Law at the International Court of Justice Conor McCarthy......Page 292 Reparations before the International Criminal Court: The Early Jurisprudence on Victim Participation and its Impact on Future Reparations Proceedings Carla Ferstman and Mariana Goetz......Page 322 Part V: Pursuing Extraterritorial Reparations Claims – Lawyers' Perspectives......Page 360 The Prosecution of International Crimes and the Role of Victims' Lawyers Luc Walleyn......Page 362 Compensation for the Victims of Chemical Warfare in Iraq and Iran Liesbeth Zegveld......Page 378 Part VI: Reparations in National (Territorial) Contexts......Page 392 Reparations and Victim Participation: A Look at the Truth Commission Experience Cristián Correa, Julie Guillerot and Lisa Magarrell......Page 394 The Argentinean Reparations Programme for Grave Violations of Human Rights Perpetrated during the Last Military Dictatorship (1976–1983) Andrea Gualde and Natalia Luterstein......Page 424 Reparations for Victims in Colombia: Colombia's Law on Justice and Peace Julián Guerrero Orozco and Mariana Goetz......Page 444 Policy Challenges for Property Restitution in Transition – the Example of Iraq Peter Van der Auweraert......Page 468 Reparations in Dayton's Bosnia and Herzegovina Carla Ferstman and Sheri P. Rosenberg......Page 492 Goats & Graves: Reparations in Rwanda's Community Courts Lars Waldorf......Page 524 Still not Talking: The South African Government's Exclusive Reparations Policy and the Impact of the R30,000 Financial Reparations on Survivors Oupa Makhalemele......Page 550 Index......Page 576 Victims' Rights To A Remedy And Reparation: The New United Nations Principles And Guidelines / Theo Van Boven -- Massive Trauma And The Healing Role Of Reparative Justice / Yael Danieli -- Reparation Programmes : A Gendered Perspective / Anne Saris And Katherine Lofts -- The Claims Conference And The Historic Jewish Efforts For Holocaust-related Compensation And Restitution / Gideon Taylor, Greg Schneider And Saul Kagan -- The Swiss Banks Holocaust Settlement / Judah Gribetz And Shari C. Reig -- Overcoming Evidentiary Weaknesses In Reparation Claims Programmes / Heike Niebergall -- International Mass Claims Processes And The Icc Trust Fund For Victims / Edda Kristjánsdóttir -- The United Nations Compensation Commission / Linda A. Taylor -- Bringing Justice To Victims? : Responses Of Regional And International Human Rights Courts And Treaty Bodies To Mass Violations / Lutz Oette -- The Concepts Of 'injured Party' And 'victim' Of Gross Human Rights Violations In The Jurisprudence Of The Inter-american Court Of Human Rights : A Commentary On Their Implications For Reparations / Clara Sandoval-villalba -- Reparation For Gross Violations Of Human Rights Law And International Humanitarian Law At The International Court Of Justice / Conor Mccarthy -- Reparations Before The International Criminal Court : The Early Jurisprudence On Victim Participation And Its Impact On Future Reparations Proceedings / Carla Ferstman And Mariana Goetz -- The Prosecution Of International Crimes And The Role Of Victims' Lawyers / Luc Walleyn -- Compensation For The Victims Of Chemical Warfare In Iraq And Iran / Liesbeth Zegveld -- Reparations And Victim Participation : A Look At The Truth Commission Experience / Cristián Correa, Julie Guillerot And Lisa Magarrell -- The Argentinean Reparations Programme For Grave Violations Of Human Rights Perpetrated During The Last Military Dictatorship (1976-1983) / Andrea Gualde And Natalia Luterstein -- Reparations For Victims In Colombia : Colombia's Law On Justice And Peace / Julián Guerrero Orozco And Mariana Goetz -- Policy Challenges For Property Restitution In Transition : The Example Of Iraq / Peter Van Der Auweraert -- Reparations In Dayton's Bosnia And Herzegovina / Carla Ferstman And Sheri P. Rosenberg -- Goats & Graves : Reparations In Rwanda's Community Courts / Lars Waldorf -- Still Not Talking : The South African Government's Exclusive Reparations Policy And The Impact Of The R30,000 Financial Reparations On Survivors / Oupa Makhalemele. Edited By Carla Ferstman, Mariana Goetz, Alan Stephens. Draws Upon A Conference Organised By The Clemens Nathan Research Centre (cnrc) And Redress, Which Took Place At The Peace Palace In The Hague, The Netherlands On 1-2 March 2007--introd. Includes Bibliographical References And Index. Victims' rights to a remedy and reparation: the new United Nations principles and guidelines / Theo Van Boven Massive trauma and the healing role of reparative / Yael Daneli Reparation programmes : a gendered perspective / Anne Saris and Katherine Lofts The claims conference and the historic Jewish efforts for holocaust-related compensation and restitution / Gideon Taylor, Greg Schneider and Saul Kagan The Swiss banks holocaust settlement / Judah Gribetz and Shari C. Reig Overcoming evidentiary weaknesses in reparation claims programmes / Heike Niebergall International mass claims processes and the ICC trust fund for victims / Edda Kristjansdottir The United Nations compensation commission / Linda A. Taylor Bringing justice to victims? : responses of regional and international human rights courts and treaty bodies to mass violations / Lutz Oette The concepts of 'injured party' and 'victim' of gross human rights violations in the jurisprudence of the Inter-American Court of Human Rights : a commentary on their implications for reparations Clara Sandoval-Villalba Reparation for gross violations of human rights law and international humanitarian law at the International Court of Justice / Conor McCarthy Reparations before the International Criminal Court : the early jurisprudence on victim participation and its impact for reparation proceedings / Carla Ferstman and Mariana Goetz The prosecution of international crimes and the role of victims' lawyers / Luc Walleyn Compensation for the victims of chemical warfare in Iraq and Iran / Liesbeth Zegveld Reparations and victim participation : a look at the truth commission experience / Cristian Correa, Julie Guillerot and Lisa Magarrell The Argentinean reparations programme for grave violations of human rights perpetrated during the last military dictatorship (1976-1983) / Andrea Gualde and Natalia Luterstein Reparations for victims in Colombia : Colombia's law on justice and peace / Julian Guerrero Orozco and Mariana Goetz Policy challenges for property restitution in transition : the example of Iraq / Peter Van der Auweraert Reparations in Dayton's Bosnia and Herzegovina / Carla Ferstman and Sheri P. Rosenberg Goats & graves : reparations in Rwanda's community courts / Lars Waldorf Still not talking : the South African government's exclusive reparations policy and the impact of the r30,000 financial reparations on survivors / Oupa Makhalemele. This volume is based upon a March 2007 conference exploring the question of reparation for the victims of international crimes. Assuming the legal basis for the right to reparation is sound and recognizing that detailed expositions already exist of the forms that reparation may take, the volume instead concentrates on the effective implementation of the right to reparation through analysis of the practice of governments, national and international courts, and national and international commissions in applying, processing, implementing, and enforcing a variety of reparation rewards. The perspectives of beneficiaries and the perspectives of policy makers and implementers are both considered. Martinus Nijhoff is an imprint of Brill. Annotation 2009 Book News, Inc., Portland, OR (booknews.com) "Draws upon a Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS, which took place at the Peace Palace in The Hague, The Netherlands on 1-2 March 2007"--Introduction