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Separate Opinion Judge A.A. Cançado Trindade in the Case of A.S. Diallo (Guinea versus D.R. Congo, Reparations, Judgment of 19.06.2012)

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Chapter Summary

This chapter discusses the case of A.S. Diallo (Guinea versus D.R. Congo), whereby the International Court of Justice (ICJ) has ordered reparations for the damages suffered by Mr. A.S. Diallo as an individual. The author provides a separate opinion at conceptual and epistemological levels, namely: the subject of the rights breached and the subject of the right to reparations; neminem laedere: insights on reparations from the "founding fathers" of the law of nations (droit des gens); the dawn of State responsibility and the rationale of duty of reparations; an indissoluble whole: breach of international law and compliance with the duty of reparation for damages; the centrality of the victims in human rights protection; assessment of the contribution of the case-law of the international human rights tribunals; neminem laedere and reparation for moral damage to individuals; and the relevance of the rehabilitation of victims.

Keywords: A.S. Diallo; case-law on reparations; D.R. Congo; droit des gens; Guinea; international court of Justice (ICJ); neminem laedere



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