Defining Beneficiaries of Collective Reparations: The Experience of the IACtHR

Amsterdam Law Forum, Vol. 4, No. 3, pp. 40-57, 2012

18 Pages Posted: 30 Sep 2012 Last revised: 1 Apr 2013

See all articles by Diana Contreras-Garduño

Diana Contreras-Garduño

Netherlands Institute of Human Rights (SIM), Utrecht University

Date Written: September 12, 2012

Abstract

Under international law, it is uncontested that the victims of gross and systematic human rights violations have the right to reparation. International tribunals have granted collective reparations as the most appropriate kind of reparation for these violations. This has been re-affirmed by the recent decision on reparations of the International Criminal Court in the Lubanga case. Since gross and systematic human rights violations involve large numbers of victims, collective reparations seem to be appropriate as they seek to provide redress to groups and communities. Yet, while there is a trend of international tribunals adjudicating gross human rights violations resorting to collective reparations, these reparations face numerous ambiguities such as the lack of a single definition and clear guidelines for the identification of their beneficiaries. This article examines the experience of the Inter-American Court of Human Rights, pioneer of collective reparations, in the identification of beneficiaries of gross and systematic human rights violations.

Keywords: collective reparations, human rights violations, International Criminal Court, beneficiaries, Inter-American Court of Human Rights

Suggested Citation

Contreras-Garduño, Diana, Defining Beneficiaries of Collective Reparations: The Experience of the IACtHR (September 12, 2012). Amsterdam Law Forum, Vol. 4, No. 3, pp. 40-57, 2012 . Available at SSRN: https://ssrn.com/abstract=2154471

Diana Contreras-Garduño (Contact Author)

Netherlands Institute of Human Rights (SIM), Utrecht University ( email )

3508 TC Utrecht
Utrecht
Netherlands

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