A/HRC/20/14
States’ responsibility to provide reparation to victims of terrorism
D.
49.
The principle of State responsibility is at the core of the right to reparation. As long
ago as 1927, the Permanent Court of International Justice affirmed that any act or omission
by a public official, qualifying as an unlawful act under public international law, gives rise
to international responsibility, and imposes on the State a corresponding international law
duty of reparation.83
50.
The emergence of human rights in international law altered the traditional concept of
State responsibility. International human rights law regulates relations between States and
the human beings under their jurisdiction, making individuals the subject of international
law, and direct beneficiaries of legally enforceable human rights. The official commentaries
on the articles on Responsibility of States for Internationally Wrongful Acts, adopted by the
International Law Commission in 2001, note that in relation to a breach of a human rights
treaty, the individual should be regarded as the ultimate beneficiary of the relevant rights. 84
This obligation, which exists as a matter of public international law, is reflected in specific
“just satisfaction” provisions of the principal international and regional human rights
treaties.
51.
The United Nations Basic Principles and Guidelines on the Right to a Remedy and
Reparation for Victims of Gross Violations of International Human Rights Law and Serious
Violations of International Humanitarian Law states that full and effective reparation
should include, as appropriate, restitution, compensation, rehabilitation, satisfaction and
guarantees of non-repetition.85
• Restitution consists of measures re-establishing the situation of the victim prior to
the violation. Restitution of the status quo ante is, however, rarely possible in the
present context, since acts of terrorism, by their very nature, often have irreversible
consequences.
• Compensation, or indemnity, is a specific form of reparation providing just
satisfaction (monetary awards for pecuniary and non-pecuniary loss resulting from
the violation, together with costs for legal and other expenses reasonably incurred).
• Measures of rehabilitation include medical and psychological care, as well as other
social services. Acts of terrorism leave deep scars on the survivors as well as the
relatives of those who have died, eyewitnesses and members of the intervening
rescue services.
• Satisfaction is a non-financial form of reparation that includes, inter alia, full and
public verification of the facts, and formal acceptance of any State responsibility.
Satisfaction can play an important role in achieving reparation in those cases where
public officials have caused or contributed to a death through culpable acts or
omissions.
• Guarantees of non-repetition or non-recurrence include the investigative
obligation to take all reasonable steps to identify system failures and human errors,
and the obligation to reform laws and administrative practices that may have caused
or contributed to the opportunity for an act of terrorism to be committed.
83
84
85
See Permanent Court of International Justice, Factory at Chorzów (Germany v. Poland), 26 July
1927, p. 21.
A/56/10, chap. IV, sect. E, subsect. 1.
General Assembly resolution.60/147, annex, paras. 18-23; see also IACtHR, Loayza-Tamayo v. Peru,
judgement of 27 November 1998, para. 85.
15
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents