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A Developing Field of Activity: Reparation for Breaches of Human Rights in the Case Law of the International Court of Justice

  • Paolo Palchetti

摘要

In the last twenty years, the International Court of Justice has increasingly addressed disputes involving claims of responsibility for breaches of human rights obligations. These cases provide the Court with the opportunity to develop the law of state responsibility in a way that takes adequately into account the specific situation of human rights. This study focuses on the case law of the ICJ dealing with issues of reparations for breaches of human rights. The aim is to assess the Court’s approach in dealing with problems such as the choice of the appropriate form of reparation, the relationship between the position of the state invoking responsibility and the individual who suffered injury, the treatment of claims of reparation submitted by a state other than the state of nationality of the individual injured, as well as some procedural issues arising in connection to the awarding of remedies for breaches of human rights.