This article discusses the creation of an individual’s right to reparations under international humanitarian law.
Abstract
There is no general individual right to reparation for international humanitarian law violations because, under the law of war, the State is the only actor entitled to compensation, not the individual.
While there have been calls to establish such an individual right in recent years, others have tried to find that this right exists in other international mechanisms, which individuals could use to invoke their rights. Nevertheless, what advantages could come from establishing individuals’ right to claim their rights under international humanitarian law? It would not only serve justice for the victims by avoiding having their rights taken by “lump sum” peace accords but would also serve in the enhancement and promulgation of compliance, especially as individuals will be able to demand reparations from other individuals.
