Challenges of compensation in case of violations of international law of armed conflicts

Abstract

The right to reparation is a well-established principle of international law. As stated in the Chorzow Factory case of the Permanent Court of International Justice: "It is a principle of international law that the breach of an engagement involves an obligation to make reparation in an adequate form." The International Law Commission affirmed this principle in its 53rd Session when it adopted the Articles on responsibility of States for internationally wrongful acts. Additionally, the right to reparation is firmly embodied in international human rights treaties and declarative instruments. It has been further refined by the jurisprudence of a large number of international and regional courts, as well as other treaty bodies and complaints mechanisms. Additionally, Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Violations of International Human Rights and Humanitarian Law constitute a significant contribution to the codification of norms relating to the right to reparation.