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Part III General International Law, Ch.27 Remedies

Elisa Novic

From: The Oxford Handbook of International Cultural Heritage Law

Edited By: Francesco Francioni, Ana Filipa Vrdoljak

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 18 January 2021

Compensation — Reparations — Restitution

This chapter explores the remedies for violations of international cultural heritage law. Notwithstanding the availability of justice mechanisms, the question of repairing attacks against culture poses a set of philosophical and practical questions—namely, the definition of victimhood and adequate measures of reparation. Here, international law provides a relatively harmonized account of reparation, based on a restorative approach. As such, reparation should be adequate and proportionate to the harm suffered and may therefore consist of one or more of the five following measures: compensation, restitution, satisfaction, rehabilitation, and guarantees of non-repetition. The chapter then looks at the categories of recurrent harms against culture that have received international attention, whether from a legal or political perspective—namely, looted or stolen art; historical processes of group cultural destruction; and intentional attacks against cultural heritage.

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