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La Spécificité Des Réparations Pour Crimes Internationaux

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Chapter Summary

This chapter, in French with an English summary, assesses the stage which the development of international positive law has reached regarding the existence of a specific legal regime, or more modestly of elements of specificity, of reparation for international crimes, in contradistinction to the law of "ordinary" internationally wrongful acts as dealt with in the International Law Commission (ILC) Articles on State responsibility of 2001. It first focuses on reparation in inter-State relations where some specific elements of aggravation can be perceived. The chapter then analyzes the relationship between the "criminal" State and the individual victims. Finally, it raises the question as to whether the borderline between the common regime of responsibility and the currently unfolding specificities should not be shifted in order to encompass any kind of grave and massive violations of human rights.

Keywords: human rights; International Law Commission (ILC); international positive law; reparation for international crimes; reparation in inter-State relations

10.1163/ej.9789004149816.i-472.42
/content/books/10.1163/ej.9789004149816.i-472.42
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