Restitution is often affirmed to be the primary remedy in international law and this is the position taken by the ILC in its Articles on Responsibility of States for Internationally Wrongful Acts. Restitution comes first in the list of forms of reparation in article 34, and a general duty is imposed on States responsible for wrongful acts ‘to make restitution, that is, to re-establish the situation which existed before the wrongful act was committed’ by article 35. This primacy is further confirmed by article 36 which sets out the obligation of the wrongdoing...
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