International Studies Journal (ISJ)

International Studies Journal (ISJ)

Individual Responsibility for Reparation for Victims of Serious Violations of International Humanitarian Law

Document Type : Extension Article

Author
PhD candidate in International Law of Tehran University and member of the Law Department of Shahid Ashrafi Esfahani Institute of Higher Education
Abstract
Until adoption of statute of International Criminal Court, International Law has not a clear and confidential answer to the question of necessity or possibility of reparation of victims of serious violations of international humanitarian law by perpetrators and the matter only was in the frame of domestic legal systems. Now after evolution of international law from State-oriented base to Human-oriented base, statute of International Criminal Court, in addition to the theory of State responsibility are opportunities for reparation, and two resolutions adopted by UN General Assembly (1985 and 2006) on justice for victims of crimes and abuse of power and reparation for victims of serious violations of humanitarian law, present clearer image of duty to reparation on perpetrators as principal actors of international crimes. This clear image with ignore of immunity of States properties and with increasing attention to combat impunity, promotes prevention of gross and serious violations of human rights and humanitarian law.
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