Earthquakes and Wars: The Logic of International Reparations

Abstract

International law requires states to compensate victims of war crimes, but not of incidental damage that is lawful under the laws of war. Recently, scholars and advocacy groups have called to expand the duty to repair so as to cover all wartime harm. We inquire into the possible justifications for expanding this duty and test them against a hypothetical expansion of the duty to compensate victims of natural disasters. The effort is ultimately to inquire whether there is something unique about war – as distinct from all other disasters – which demands special consideration.

Keywords: jus post bellum, reparations, natural disasters, transitional justice, war, justice