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18 Reparation—Civil Claims Against Human Rights Violators

From: Human Rights: Between Idealism and Realism, Third Edition

Christian Tomuschat

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

Subject(s):
Acta jure imperii — Acta jure gestionis — Diplomatic immunity — Heads of state and other senior officials — Immunity from jurisdiction, execution of judgments — Torture — Armed conflict — Gross violations — Human rights remedies — US Alien Tort Statute — Reparations
Although states are obligated to respect and ensure human rights, it must be noted that violations occur time and again. Even if administrative or judicial remedies are available to the aggrieved individual, the successful conclusion of a criminal proceeding brought against the body or person responsible for the act or omission complained of may not suffice as reparation for the harm caused. A victim of torture does not recover his/her health simply because the perpetrator has been convicted and sentenced. A person unlawfully imprisoned for a time wishes not only...
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