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Part VII Accountability/Liability for Violations of the Law in Armed Conflict, Ch.31 State Responsibility and the Individual Right to Compensation Before National Courts

Christian Tomuschat

From: The Oxford Handbook of International Law in Armed Conflict

Edited By: Andrew Clapham, Paola Gaeta, Tom Haeck (Assistant Editor), Alice Priddy (Assistant Editor)

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 01 July 2022

Subject(s):
Armed conflict — Geneva Conventions 1949 — Responsibility of states — Compensation — Reparations — Peremptory norms / ius cogens — Ordre public
Outside the system created in Europe on the basis of the European Convention on Human Rights (hereinafter ECHR), one mostly finds a huge gap with regard to civil responsibility for human rights violations. It is trivial to note that in our time primary rights are generously conferred on individuals by many international instruments, the most prominent of which are the two International Covenants of 1966 and the corresponding regional treaties, but that the mechanisms available for sanctioning breaches of those rights through individual reparation claims remain...
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