Compensation in Cases of Mass Atrocities at the International Court of Justice and the International Criminal Court

نویسندگان

چکیده

Abstract Within their different mandates, the ICJ and ICC have decided on compensation for mass atrocities, including same factual scenarios related dual state/individual responsibility. However, no publication has examined these developments jointly comparatively. Thus, this article seeks to determine how both courts are should be developing jurisprudence atrocity cases. This suggests that two construe a coherent, principle-based, human rights-oriented international law of atrocities. Despite differences in practice , there common elements such as violation an obligation (wrongful act/international crime), damages, causal link between them. There also some similarities concerning goals, proof matters, damage valuation. Both can conduct adapted use each other’s jurisprudence, considering mandates rather than doing so mechanically.

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ژورنال

عنوان ژورنال: The law and practice of international courts and tribunals

سال: 2023

ISSN: ['1569-1853', '1571-8034']

DOI: https://doi.org/10.1163/15718034-12341500