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| INTERNATIONAL LAW AND REPARATIONS The Inter-American System Claudio Grossman, Agustina del Campo, Mina A.Trudeau ISBN: 978-0-9978965-7-2 $59.95 897 pp 2018 EBOOK: ISBN: 978-0-9978965-8-9 $30.00 |
SYNOPSIS
This book presents the most thorough analysis to date on the
jurisprudence of the Inter-American Court of Human Rights
(IACtHR) concerning full reparations. This jurisprudence
interprets Article 63 of the American Convention on Human
Rights. In its interpretation of the Convention, the IACtHR is
guided by the important notion that human rights instruments
should be interpreted in light of its object and purpose, in
accordance of the State members of the Organization of the
American States.
The Court’s jurisprudence ensures that victims of human rights
violations are awarded not only monetary compensation in
cases, but also a full array of reparations designed to restore
their dignity and reaffirm the value of the rule of law.
Accordingly, reparation also includes moral compensation,
guarantees of non-repetition, and truth as a measure of
satisfaction. The impact of the Inter-American jurisprudence in
this matter has gone beyond the regional hemispheric systems.
The UN Committee Against Torture relied on the Court’s
jurisprudence in the drafting of General Comment No. 3, while
the other regional human rights systems have resorted to the
Inter-American jurisprudence in developing their own concepts
of reparation.
More specifically, the book explores the notions of “fair
remedy,” “injured party,” and the possibility of achieving
“restitutio in integrum” for human rights violations through an
analysis of decisions issued by the Inter-American Court. The
book urges its reader to consider not only the current status of
the law, but also the role played by victims, lawyers,
Commissioners, and Judges in its jurisprudential development.
As a living instrument, the value of the American Convention
depends in great part on their actions and decisions. This
book, by presenting the role of the different actors through
concrete cases that shaped the system, encourages everyone
to think how the System should continue to satisfy the
aspirations of justice in cases of human rights violations.
In order to emphasize the crucial understanding that the
jurisprudence cannot remain static and that new circumstances
and different sets of facts could lead the Inter-American Court’s
jurisprudence to develop in directions that have not yet been
addressed or even imagined, this book not only presents the
status of the law and the original documents essential for legal
reasoning, but also raises questions and presents problems in
a way that could prove useful not only for practical purposes,
but also for theoretical purposes by striving to achieve
coherence in the application of international legal standards.
This book presents the most thorough analysis to date on the
jurisprudence of the Inter-American Court of Human Rights
(IACtHR) concerning full reparations. This jurisprudence
interprets Article 63 of the American Convention on Human
Rights. In its interpretation of the Convention, the IACtHR is
guided by the important notion that human rights instruments
should be interpreted in light of its object and purpose, in
accordance of the State members of the Organization of the
American States.
The Court’s jurisprudence ensures that victims of human rights
violations are awarded not only monetary compensation in
cases, but also a full array of reparations designed to restore
their dignity and reaffirm the value of the rule of law.
Accordingly, reparation also includes moral compensation,
guarantees of non-repetition, and truth as a measure of
satisfaction. The impact of the Inter-American jurisprudence in
this matter has gone beyond the regional hemispheric systems.
The UN Committee Against Torture relied on the Court’s
jurisprudence in the drafting of General Comment No. 3, while
the other regional human rights systems have resorted to the
Inter-American jurisprudence in developing their own concepts
of reparation.
More specifically, the book explores the notions of “fair
remedy,” “injured party,” and the possibility of achieving
“restitutio in integrum” for human rights violations through an
analysis of decisions issued by the Inter-American Court. The
book urges its reader to consider not only the current status of
the law, but also the role played by victims, lawyers,
Commissioners, and Judges in its jurisprudential development.
As a living instrument, the value of the American Convention
depends in great part on their actions and decisions. This
book, by presenting the role of the different actors through
concrete cases that shaped the system, encourages everyone
to think how the System should continue to satisfy the
aspirations of justice in cases of human rights violations.
In order to emphasize the crucial understanding that the
jurisprudence cannot remain static and that new circumstances
and different sets of facts could lead the Inter-American Court’s
jurisprudence to develop in directions that have not yet been
addressed or even imagined, this book not only presents the
status of the law and the original documents essential for legal
reasoning, but also raises questions and presents problems in
a way that could prove useful not only for practical purposes,
but also for theoretical purposes by striving to achieve
coherence in the application of international legal standards.
CLAUDIO GROSSMAN, Professor and Dean Emeritus at
Washington College of Law, acted as a Commissioner of the
OAS' Inter-American Commission on Human Rights from
1993-2001, and its President in 1996-1997 and 2001. During
this time, Grossman was appointed as the IACHR's first
Special Rapporteur on the Rights of Women, and its Special
Rapporteur on the Rights of Indigenous Populations. He
served as Chair of the UN Committee on Torture (2008-2015)
and has just been elected to a five-year term on the UN's
International Law Commission.
AGUSTINA DEL CAMPO is an LLM graduate and former
Impact Litigation Project Coordinator at American University
Washington College of Law. She currently directs the
Center for Studies on Freedom of Expression and Access to
Information (CELE) in Argentina.
MINA A. TRUDEAU is an alumna of the U.S. Fulbright
Program (Turkey) and American University Washington
College of Law, where she was a Public Interest/Public
Service Scholar.
Washington College of Law, acted as a Commissioner of the
OAS' Inter-American Commission on Human Rights from
1993-2001, and its President in 1996-1997 and 2001. During
this time, Grossman was appointed as the IACHR's first
Special Rapporteur on the Rights of Women, and its Special
Rapporteur on the Rights of Indigenous Populations. He
served as Chair of the UN Committee on Torture (2008-2015)
and has just been elected to a five-year term on the UN's
International Law Commission.
AGUSTINA DEL CAMPO is an LLM graduate and former
Impact Litigation Project Coordinator at American University
Washington College of Law. She currently directs the
Center for Studies on Freedom of Expression and Access to
Information (CELE) in Argentina.
MINA A. TRUDEAU is an alumna of the U.S. Fulbright
Program (Turkey) and American University Washington
College of Law, where she was a Public Interest/Public
Service Scholar.
| A FOUNDATIONAL WORK ON INTERNATIONAL LAW AND REPARATIONS |
All of the chapters follow a common methodology. After an introduction
presenting the topic, the chapters include a normative framework of valid
sources of international law. This is followed by the jurisprudence of the court,
specifically leading cases, and later an analysis section with questions raised
by the Court’s jurisprudence. In every chapter that follows, a detailed table of
contents is provided. Below is an instance of one such table of contents:
CHAPTER ONE |
DEFINING VICTIM, BENEFICIARY, AND THE RIGHT OF ACTION
I. INTRODUCTION ..........................................................
II. NORMATIVE FRAMEWORK .............................................................................
A. AMERICAN CONVENTION ON HUMAN RIGHTS .........................................................
- ARTICLE 1 ...............................................................................................
ARTICLE 63 ...........................................................................................
RIGHTS
- ARTICLE 2. DEFINITIONS .........................................................................
ARTICLE 50. CONVOCATION OF ALLEGED VICTIMS, WITNESSES, AND
EXPERT WITNESSES ................................................................................
HUMAN RIGHTS .......................................................................................................
- ARTICLE 23. PRESENTATION OF PETITIONS ................................
REPARATION FOR VICTIMS OF GROSS VIOLATIONS OF INTERNATIONAL HUMAN
RIGHTS LAW AND SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW
...
III. DEFINING VICTIMS AND OTHER INJURED PARTIES ...............................................
- Blake v. Guatemala ...............................................................................
Bamaca Velasquez v. Guatemala .............................................................
Juvenile Reeducation Institute v. Paraguay ........................................
Moiwana Community v. Suriname ..........................................................
The Ituango Massacres v. Colombia .....................................................
Miguel Castro Castro Prison v. Peru ...................................................
The Saramaka People v. Suriname .......................................................
Ticona Estrada et al. v. Bolivia ............................................................
Valle Jaramillo et al. v. Colombia ...................................................
Radilla-Pacheco v. Mexico ................................................................
- ANALYSIS AND QUESTIONS RAISED BY THE COURT’S JURISPRUDENCE .....
IV. IDENTIFICATION OF BENEFICIARIES ENTITLED TO REPARATIONS ............
- Velasquez Rodriguez v. Honduras ...........................................................
Aloeboetoe et al. v. Suriname ............................................................
Loayza Tamayo v. Peru ...................................................................
Cantoral Benavides v. Peru ................................................................
Bamaca Velasquez v. Guatemala ........................................................
Myrna Mack Chang v. Guatemala .........................................................
Mapiripán Massacre v. Colombia .......................................................
Chaparro Álvarez and Lapo Íñiguez v. Ecuador ...........................
Uson Ramirez v. Venezuela .........................................................
The Massacres of El Mozote and Nearby Places v. El Salvador .........
Atala Riffo and Daughters v.Chile………………...........................……….
Santo Domingo Massacre v. Colombia…......……………………….
- ANALYSIS AND QUESTIONS RAISED BY THE COURT’S JURISPRUDENCE .......
V. SUCCESSORS AND HEIRS .................................................................................
- Aloeboetoe et al. v. Suriname .................................................................
Bulacio v. Argentina ...................................................................................
Mapiripán Massacre v. Colombia ...........................................................
Supreme Court of Justice (Quintana Coello et al.) v. Ecuador……….
ANALYSIS AND QUESTIONS RAISED BY THE COURT’S
JURISPRUDENCE ...
- Compulsory Membership in an Association Prescribed by Law for
the Practice of Journalism (Arts. 13 and 29 American Convention on
Human Rights) ................
The Last Temptation of Christ (Olmedo Bustos et al) v. Chile ..............
YATAMA v. Nicaragua ...............................................................................
Canese v. Paraguay ....................................................................................
Claude Reyes v. Chile ..........................................................................,,,..
Palamara Iribarne v. Chile .................................................................,,,,....
Afro-Descendant Communities Displaced from the Cacarica River
Basin (Operation Genesis) v. Colombia………......………………,,,,,,,,,,..
- ANALYSIS AND QUESTIONS RAISED BY THE COURT’S JURISPRUDENCE ......
VII. THE VICTIMS’ LEGAL ASSISTANCE FUND ...............................,,,,,,,,,,,,,,,,,,,,,,........
- The Kichwa Indigenous People of Sarayaku v. Ecuador .....................
The Massacres of El Mozote and Surrounding Areas v. El Salvador ..
Furlan and Family v. Argentina ......................................................
- ANALYSIS AND QUESTIONS RAISED BY THE COURT’S JURISPRUDENCE .......
CHAPTER TWO | COMPENSATION FOR DAMAGES
CHAPTER THREE | BEYOND COMPENSATION: RESTITUTIO IN INTEGRUM
CHAPTER FOUR | ENSURING EFFECTIVENSS: ORDERING PROVISIONAL
MEASURES AND MONITORING COMPLIANCE
PDF FOR COMPLETE TABLE OF CONTENTS
REVIEWS
"The concept of integral reparations is one of the most
significant contributions of the Inter-American Court of
Human Rights to international human rights law. Scholars in
Latin America and other regions have studied this doctrine,
yet this is the most comprehensive book written in English
that approaches the concept in a clear, pedagogic and ample
way. The authors have achieved a meticulous selection of
case law that shows a comprehensive perspective of the
concept of integral reparation, including: economic
compensation, restitution, rehabilitation, satisfaction and
guarantees of non-repetition. It also displays the dynamics
involved in the challenging process of monitoring the
compliance with the judgments undertaken by the Inter-
American Court. The way the book is presented and
organized ends up being a great tool for researchers,
scholars and practitioners. Without a doubt this one-of-a-kind
piece constitutes a great contribution to the field of
international human rights law, and particularly to the Inter-
American System of Human Rights."
—Pablo Saavedra Alessandri
Secretary, Inter-American Court of Human Rights
"The obligation to offer reparations to victims of human rights
violations is a well-established rule. Yet international treaty
law says little about the scope, modality and quantum of
reparations, as well as about who qualifies as a ‘victim’ for
these purposes. The Inter-American Court of Human Rights
has to a large extent filled that void with a wealth of
precedents and a rigorous approach to follow-up and
implementation. Claudio Grossman, Agustina del Campo and
Mina Trudeau have produced a comprehensive and well-
organized analysis of that jurisprudence that will prove
invaluable to scholars and practitioners — in international as
well as in domestic litigation— in the Americas and well
beyond the region."
—Juan E Mendez
Professor of Human Rights Law in Residence
Commissioner, International Commission of Jurists
Former UN Special Rapporteur against Torture (2010-2016)
"This may well be the most ambitious and comprehensive text
on reparations in the Inter-American system to date.
Thorough not only in the scope of issues addressed, but also
in its treatment of individual topics and of the case excerpts
themselves. This work both synthesizes the broad range of
reparations law of the Inter-American Court and draws vital
connections with other areas of doctrine and procedure:
between the tribunal's jurisprudence on reparations and
related substantive guarantees (such as the prohibition on
amnesty laws) and between norms on reparations and the
procedural mechanisms (provisional measures and
compliance monitoring) necessary for their enjoyment in
practice. Rigorous and complete, this book is a must for any
student, scholar or practitioner in the area."
—James Cavallaro, Professor of Law
Stanford Law School
Director, Stanford Human Rights Center
Director, Stanford International Human Rights and Conflict
Resolution Clinic
"International Law and Reparations: The Inter-American
System is an indispensable book for practitioners and
scholars working in the area of international human rights. It
provides a comprehensive, systematic, and insightful
analysis of the jurisprudence on reparations of the Inter-
American Court of Human Rights. In doing so, it makes a
definitive contribution to the field of international law, and
strengthens our collective capacity to achieve meaningful
and effective reparations on behalf of victims."
—Viviana Krsticevic
Executive Director, Centre for Justice and International Law
"The concept of integral reparations is one of the most
significant contributions of the Inter-American Court of
Human Rights to international human rights law. Scholars in
Latin America and other regions have studied this doctrine,
yet this is the most comprehensive book written in English
that approaches the concept in a clear, pedagogic and ample
way. The authors have achieved a meticulous selection of
case law that shows a comprehensive perspective of the
concept of integral reparation, including: economic
compensation, restitution, rehabilitation, satisfaction and
guarantees of non-repetition. It also displays the dynamics
involved in the challenging process of monitoring the
compliance with the judgments undertaken by the Inter-
American Court. The way the book is presented and
organized ends up being a great tool for researchers,
scholars and practitioners. Without a doubt this one-of-a-kind
piece constitutes a great contribution to the field of
international human rights law, and particularly to the Inter-
American System of Human Rights."
—Pablo Saavedra Alessandri
Secretary, Inter-American Court of Human Rights
"The obligation to offer reparations to victims of human rights
violations is a well-established rule. Yet international treaty
law says little about the scope, modality and quantum of
reparations, as well as about who qualifies as a ‘victim’ for
these purposes. The Inter-American Court of Human Rights
has to a large extent filled that void with a wealth of
precedents and a rigorous approach to follow-up and
implementation. Claudio Grossman, Agustina del Campo and
Mina Trudeau have produced a comprehensive and well-
organized analysis of that jurisprudence that will prove
invaluable to scholars and practitioners — in international as
well as in domestic litigation— in the Americas and well
beyond the region."
—Juan E Mendez
Professor of Human Rights Law in Residence
Commissioner, International Commission of Jurists
Former UN Special Rapporteur against Torture (2010-2016)
"This may well be the most ambitious and comprehensive text
on reparations in the Inter-American system to date.
Thorough not only in the scope of issues addressed, but also
in its treatment of individual topics and of the case excerpts
themselves. This work both synthesizes the broad range of
reparations law of the Inter-American Court and draws vital
connections with other areas of doctrine and procedure:
between the tribunal's jurisprudence on reparations and
related substantive guarantees (such as the prohibition on
amnesty laws) and between norms on reparations and the
procedural mechanisms (provisional measures and
compliance monitoring) necessary for their enjoyment in
practice. Rigorous and complete, this book is a must for any
student, scholar or practitioner in the area."
—James Cavallaro, Professor of Law
Stanford Law School
Director, Stanford Human Rights Center
Director, Stanford International Human Rights and Conflict
Resolution Clinic
"International Law and Reparations: The Inter-American
System is an indispensable book for practitioners and
scholars working in the area of international human rights. It
provides a comprehensive, systematic, and insightful
analysis of the jurisprudence on reparations of the Inter-
American Court of Human Rights. In doing so, it makes a
definitive contribution to the field of international law, and
strengthens our collective capacity to achieve meaningful
and effective reparations on behalf of victims."
—Viviana Krsticevic
Executive Director, Centre for Justice and International Law