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The United Nations Principles to Combat Impunity: A Commentary edited by Haldemann, Frank; Unger, Thomas (22nd March 2018)

Part IV The Right to Reparation/Guarantees of Non-Recurrence, A The Right to Reparation, Principle 34 Scope of the Right to Reparation

Lucas S Grosman

From: The United Nations Principles to Combat Impunity: A Commentary

Edited By: Frank Haldemann, Thomas Unger

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 09 December 2019

Subject(s):
Human rights remedies — Immunity from jurisdiction — International criminal law, victims — Compensation — Reparations — Restitution — Truth and Reconciliation Commissions

Principle 34 deals with the scope of the right to reparation, which includes restitution, compensation, rehabilitation, and satisfaction. In order to determine what each measure entails, the Impunity Principles should be read in conjunction with the Reparation Principles, adopted and proclaimed by General Assembly resolution 60/147 of 16 December 2005. Principle 34 also outlines the content of certain rights owed to families of victims of forced disappearance, namely: the right to be informed of the fate or whereabouts of the disappeared and the right to obtain the body of the victim, once it has been identified. These rights have a substantial and a remedial dimension, and thus contribute to the reparation of the harm. This chapter first provides a contextual and historical background on Principle 34 before discussing its theoretical framework and practice.

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