Netherlands Yearbook of International Law 2022: Reparations in International Law: A Critical Reflection (en Inglés) - Otto Spijkers

This book on international law explores the ways in which traditional forms of reparation (restitution, compensation, and satisfaction) have been (re)interpreted since the rendering of the landmark Factory at Chorzów judgment in 1928 of the Permanent Court of International Justice. It examines how the concept of reparations has developed in international law and evolved to reflect broader community values like human rights, as well as criminal and transitional justice.

Contributions to this year’s volume of the Netherlands Yearbook of International Law examine the ways in which reparation has been understood in the jurisprudence of various courts and jurisdictions including the International Court of Justice, the International Criminal Court, and the UN human rights treaty body system. Several regional or internationalised bodies are also examined, including the Inter-American and European Courts of Human Rights and the Extraordinary Chambers in the Courts of Cambodia. The volume includes chapters focusing on recent efforts to repair historical wrongs — such as reparations for colonial times, dictatorial oppression, and failed peacekeeping missions — and the ways in which the legal principle of reparation has been conceptualised in support of these claims. The book illustrates the shift of reparations from a largely state-centric approach concerned with financial compensation, to a more victim-centred one that encompasses a diverse range of reparative measures. Despite this positive shift, multiple complex obstacles remain in the way of victims realising their right to reparation, including limited financial resources, ineffective victim consultation, long delays, and the absence of political will.

The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law.

Chapter 13 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.