AN APPRAISAL OF THE REPARATION MECHANISMS FOR VICTIMS OF SERIOUS VIOLATION OF INTERNATIONAL HUMANITARIAN LAW

Abstract

Armed conflict is characterized by various degrees of violations of International Humanitarian Laws (IHL) as well as International Human Right Law, the plight of victims who endure these violations remains a pressing concern for the international community. This research endeavors to provide a comprehensive appraisal of the mechanisms and challenges associated with reparations for these victims. This study critically analysed existing frameworks, assessed their effectiveness, and proposed avenues for improvement while adopting the doctrinal methodology. This research discussed the principles of IHL as well as classifications and definition of serious violations, encompassing war crimes, crimes against humanity, and genocide, which has necessitated robust responses from the international community. Central to this inquiry is the principle of reparations, rooted in notions of justice, accountability, and the restoration of dignity for victims. An examination of existing mechanisms for reparations reveals a complex landscape marked by both progress and persistent challenges. The study scrutinised the existing legal and institutional framework for reparations for victims. It highlighted the limitations of these mechanisms, including jurisdictional hurdles, resource constraints, and procedural complexities, which often impede access to justice for victims. Furthermore, the research explored alternative approaches to reparations, such as restorative and transitional justice programs, their potential to complement traditional legal avenues by fostering healing, reconciliation, and social cohesion in post-conflict societies. Drawing upon case studies from diverse regions afflicted by armed conflict, the study elucidated the implementation and efficacy of these approaches. It interrogates the challenges of addressing victims� needs in jurisdictions where the relevant international legal instruments are not domesticated or implemented, which often exacerbate the vulnerabilities of affected populations. Through an intersectional lens, the study advocates for victim inclusive and participatory processes centered on the needs and experiences of victims especially the 5 marginalized in the design and implementation of reparative measures. The study examined the role of state actors, international organizations, civil society groups, and multilateral institutions in advancing the agenda for reparations and fostering accountability for serious violations of IHL. Ultimately, this research contributes to ongoing debates and policy deliberations surrounding reparations for victims of serious violations of international humanitarian law. The research finds that despite the existence of legal framework for reparations, there are enormous challenges and gaps which the extant law has not covered. Based on the findings the research recommends that there is need to review the extant legal framework and mechanisms with the aim of making reparation mechanisms and processes victim-centric, thereby improving the experiences of victims in their quest for reparations for serious violations of IHL. And concludes that by applying the victim centered approach to reparation, the needs and rights of victims through such robust reparation programs will be better catered for.�

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urn:uuid:50976e9f-d39a-4618-a3fd-366af0abb76d