Historical Injustices, Reparations and International Law

Completed in October 2016

Since the end of World War II, claims for reparations for historical injustices (including the Holocaust, the oppression of indigenous peoples in Australia, New Zealand and the United States, as well as the enduring legacy of slavery and institutional racism among African Americans) have become a central element of national politics and international diplomacy.

Investigating the Relevance of International Law

This project, funded by the Swiss National Science Foundation (SNSF), investigated the relevance of international law in relation to such demands for reparation.

While the topic of reparation has increasingly become the focus of scholarly interest, a holistic approach to this issue, combining theoretical notions of international law with considerations of practicality and morality, is still largely missing in the literature. This project intended to fill this gap by providing a comprehensive assessment of victims’ reparations claims in light of recent developments in international law. At the same time it payed special attention to the legal and moral dilemmas that may arise in the process of shaping and implementing reparations programmes – especially in situations of transition from civil war and dictatorship towards peace and democracy.

TEAM

Picture of Frank Haldemann

Frank Haldemann

Assistant Professor at the Law Faculty, University of Geneva, and Co-Director of the Master in Transitional Justice, Human Rights and the Rule of Law

Frank Haldemann's expertise and research focus on transitional justice, human rights and legal philosophy.

Picture of Valentina Cadelo

Valentina Cadelo

Academic Coordinator and Teaching Assistant for the Master in Transitional Justice, Human Rights and the Rule of Law

Her research focuses on international human rights law and transitional justice and particularly concerns reparation for gross violations of human rights and serious violations of international humanitarian law.

Picture of Rachelle Kouassi

Rachelle Kouassi

OUTPUT

Conducted between 2011 and 2016, this research has involved two PhD projects: one of a normative nature, concerned with the legal foundations and limits of a right to reparation; the other more empirical, exploring the practice of reparation programmes. The results of the research have been published in a number of scientific articles, contributions and book chapters (see below).

Moreover, a number of workshops and conferences were organized to enable a wider scholarly debate related to the various research topics covered by the project.

MORE ON THIS THEMATIC AREA

Group photo of Master in Transitional Justice's students during their study trip to Nuremberg News

Master in Transitional Justice: Study Trip to Nuremberg

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The second term of the Master of Advanced Studies in Transitional Justice, Human Rights and the Rule of Law started with a very special occasion: a study trip to Nuremberg. A key site for thinking about transitional justice as a contemporary response to mass atrocity.

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Students of the Master in Transitional Justice, Human Rights and the Rule of Law during a class News

New Master in Transitional Justice: A Dynamic Start

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A brief update by Frank Haldemann and Thomas Unger, Co-Directors of the Master of Advanced Studies (MAS) in Transitional Justice, Human Rights and the Rule of Law

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U.S. Ambassador Keith Harper, after the presentation of the report to the Human Rights Council September 27 by independent experts: Mr. Pablo de Greiff, Mr. Christof Heyns, Ms. Maya Sahli-Fadel. Project

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This project intends to clarify the conditions of accountability for international crimes by providing a detailed assessment of the customary international law status of, in particular, the actus reus and mens rea elements of modes of liability: planning, instigating, conspiracy, direct and indirect perpetration, co-perpetration, the three forms of joint criminal enterprise, the doctrine of common purpose under the Rome Statute of the International Criminal Court, command responsibility and aiding and abetting.

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