Just Repair

“Just Repair” offers, for the first time, a comprehensive account of the author’s original theory of reparations for redressing atrocities. Responding to a gap in the literature concerning theoretical models for reparations, this novel theory aids governments in satisfying their international obligation to guarantee just repair for victims who have suffered a violation of their fundamental rights. Based on a decade of empirical studies of reparation programs, the author presents a user-friendly approach for governments facing daunting challenges when trying to repair the harm suffered by hundreds, and sometimes thousands, of victims of political violence, repression, and armed conflict. Governments often opt for an administrative solution when it is not feasible for every victim to use civil suits to litigate their claims. These administrative regimes often draw upon the concept of reparative justice, adopting a “legalistic” approach that calculates damages and awards lump sums or annuities. These payments technically fulfill the international obligation to protect the recognized right to reparation enjoyed by all victims of human rights violations. Yet recent scholarship questions whether administrative programs respond adequately and appropriately to the needs of victims, especially when governments implement reparation programming without consulting victims, and thus fail to meet the victims’ expectations and demands. This misaligned policy results in victim dissatisfaction with, and even rejection of, reparation programs. Yet, in exposing this problem, few scholars offer a theoretical framework for a broader analysis of why this policy failure occurs. This Article responds by suggesting that the rift between theory and practice arises in part due to the lack of a coherent theoretical framework to explain the justice aims of reparations that may not only guide the planning and implementation of reparation programs, but also third-party evaluations of these projects. Additionally, there is still minimal international law gui-