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Reparations for Victims of Genocide, War Crimes and Crimes against Humanity
Systems in Place and Systems in the Making. Second Revised Edition
Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity: Systems in Place and Systems in the Making provides a rich tapestry of practice in the complex and evolving field of reparations, which cuts across law, politics, psychology and victimology, among other disciplines.
Ferstman and Goetz bring their long experiences with international organizations and civil society groups to bear. This second edition, which comes a decade after the first, contains updated information and many new chapters and reflections from key experts. It considers the challenges for victims to pursue reparations, looking from multiple angles at the Holocaust restitution movement and more recent cases in Europe, Asia, Africa, and the Americas. It also highlights the evolving practice of international courts and tribunals.
First published in a hardbound edition, this second, fully revised and updated edition, is now available in paperback.
Ferstman and Goetz bring their long experiences with international organizations and civil society groups to bear. This second edition, which comes a decade after the first, contains updated information and many new chapters and reflections from key experts. It considers the challenges for victims to pursue reparations, looking from multiple angles at the Holocaust restitution movement and more recent cases in Europe, Asia, Africa, and the Americas. It also highlights the evolving practice of international courts and tribunals.
First published in a hardbound edition, this second, fully revised and updated edition, is now available in paperback.
Carla Ferstman, DPhil (Oxon) 2015, is Senior Lecturer at the University of Essex, School of Law. She has published widely on human rights and international law, and is the former Director of REDRESS (2004 – 2018).
Mariana Goetz, LLM (LSE), is Founder Director of Rights for Peace. She has worked on post conflict justice and reparations at REDRESS from (2006 – 2014) where she was also the Deputy Director.
Mariana Goetz, LLM (LSE), is Founder Director of Rights for Peace. She has worked on post conflict justice and reparations at REDRESS from (2006 – 2014) where she was also the Deputy Director.
Foreword
Judge Elizabeth Odio Benito
Introductory Remarks
Clemens N. Nathan (1933–2015)
Notes on Contributors
Introduction to the Second Edition
Carla Ferstman and Mariana Goetz
Part 1 Reparations for Victims: Cross-Cutting Themes
1 Victims’ Rights to a Remedy and Reparation: the United Nations Principles and Guidelines
Theo van Boven
2 Massive Trauma and the Healing Role of Reparative Justice: an Update
Yael Danieli
3 Gender and Reparations: Seeking Transformative Justice
Emily Jones
Part 2 Reparations and the Holocaust
4 Seeking Redress for Hitler’s Victims: Personal Remembrances
Benjamin B. Ferencz, with Michael J. Bazyler and Kristen L. Nelson
5 Guided by the Terezin Declaration: a Review of Restitution of Stolen Jewish Property after the Holocaust
Michael J. Bazyler, Kathryn Lee Boyd, Kristen L. Nelson and Rajika L. Shah
6 The Swiss Banks Holocaust Settlement
Judah Gribetz and Shari C. Reig
7 The Claims Conference and the Historic Jewish Efforts for Holocaust-Related Compensation and Restitution
Gideon Taylor, Greg Schneider, Saul Kagan z”l and Karen Heilig
Part 3 Reparations and Mass Victimisation
8 Overcoming Evidentiary Weaknesses in Reparation Claims Programmes
Heike Niebergall
9 Reparations and Victim Participation: Experiences with the Design and Implementation of Domestic Reparations Programmes
Cristián Correa, Julie Guillerot and Lisa Magarrell
10 Reparation for Sexual Exploitation and Abuse in the (Post) Conflict Context: the Need to Address Abuses by Peacekeepers and Humanitarian Aid Workers
Carla Ferstman
11 Responses of Regional Human Rights Courts and Commissions to Mass Violations
Lutz Oette
12 The Inter-American Human Rights System and Reparations to Overcome Impunity
Elizabeth Abi-Mershed
13 Reparation for Gross Violations of Human Rights Law and International Humanitarian Law at the International Court of Justice
Conor McCarthy
Part 4 Reparations in International Criminal Law Adjudication
14 The Role of Victims’ Lawyers in Reparation Claims
Luc Walleyn
15 Compensation for Victims of Chemical Warfare in Iraq and Iran through Domestic Criminal and Civil Proceedings in the Netherlands
Liesbeth Zegveld
16 Victims’ Experiences of the International Criminal Court’s Reparations Mandate in the Democratic Republic of the Congo
Mariana Goetz
17 Reparations at the icc: the Need for a Human Rights Based Approach to Effectiveness
Carla Ferstman
18 Reparations at the Extraordinary Chambers in the Courts of Cambodia
Christoph Sperfeldt
19 Too Soon until It Got Too Late: Making reparations a reality for Hissène Habré’s victims
Nader Iskandar Diab
Part 5 Reparations in National Contexts
20 The Argentinean Reparations Programme for Grave Violations of Human Rights Perpetrated during the Last Military Dictatorship (1976–1983)
Andrea Gualde and Natalia Luterstein
21 Go Big or Go Home? Lessons Learned from the Colombian Victims’ Reparation System
Nelson Camilo Sánchez and Clara Sandoval-Villalba
22 Reparations in Dayton’s Bosnia and Herzegovina
Carla Ferstman and Sheri P. Rosenberg (1967–2015)
23 Reparations for Victims of War within the Western Balkans EU Accession Negotiations: Serbia Case Study
Milica Kostić and Sandra Orlović
24 Debating and Litigating Post-Genocide Reparations in the Rwandan Context
Felix Mukwiza Ndahinda
25 Reparations for Apartheid-Era Victims in South Africa: the Unfinished Business of the Truth and Reconciliation Commission
Annah Moyo, Maxine Rubin and Hugo van der Merwe
26 Struggling for Reparations in Northern Ireland
Luke Moffett
27 Raahat ki Ahaat: Reparation in Post-Conflict Nepal
Sarah Fulton and Mandira Sharma
28 Transitional Justice – Without the Transition? Considering A Path To Reparations For The Syrian People
Sareta Ashraph
Judge Elizabeth Odio Benito
Introductory Remarks
Clemens N. Nathan (1933–2015)
Notes on Contributors
Introduction to the Second Edition
Carla Ferstman and Mariana Goetz
Part 1 Reparations for Victims: Cross-Cutting Themes
1 Victims’ Rights to a Remedy and Reparation: the United Nations Principles and Guidelines
Theo van Boven
2 Massive Trauma and the Healing Role of Reparative Justice: an Update
Yael Danieli
3 Gender and Reparations: Seeking Transformative Justice
Emily Jones
Part 2 Reparations and the Holocaust
4 Seeking Redress for Hitler’s Victims: Personal Remembrances
Benjamin B. Ferencz, with Michael J. Bazyler and Kristen L. Nelson
5 Guided by the Terezin Declaration: a Review of Restitution of Stolen Jewish Property after the Holocaust
Michael J. Bazyler, Kathryn Lee Boyd, Kristen L. Nelson and Rajika L. Shah
6 The Swiss Banks Holocaust Settlement
Judah Gribetz and Shari C. Reig
7 The Claims Conference and the Historic Jewish Efforts for Holocaust-Related Compensation and Restitution
Gideon Taylor, Greg Schneider, Saul Kagan z”l and Karen Heilig
Part 3 Reparations and Mass Victimisation
8 Overcoming Evidentiary Weaknesses in Reparation Claims Programmes
Heike Niebergall
9 Reparations and Victim Participation: Experiences with the Design and Implementation of Domestic Reparations Programmes
Cristián Correa, Julie Guillerot and Lisa Magarrell
10 Reparation for Sexual Exploitation and Abuse in the (Post) Conflict Context: the Need to Address Abuses by Peacekeepers and Humanitarian Aid Workers
Carla Ferstman
11 Responses of Regional Human Rights Courts and Commissions to Mass Violations
Lutz Oette
12 The Inter-American Human Rights System and Reparations to Overcome Impunity
Elizabeth Abi-Mershed
13 Reparation for Gross Violations of Human Rights Law and International Humanitarian Law at the International Court of Justice
Conor McCarthy
Part 4 Reparations in International Criminal Law Adjudication
14 The Role of Victims’ Lawyers in Reparation Claims
Luc Walleyn
15 Compensation for Victims of Chemical Warfare in Iraq and Iran through Domestic Criminal and Civil Proceedings in the Netherlands
Liesbeth Zegveld
16 Victims’ Experiences of the International Criminal Court’s Reparations Mandate in the Democratic Republic of the Congo
Mariana Goetz
17 Reparations at the icc: the Need for a Human Rights Based Approach to Effectiveness
Carla Ferstman
18 Reparations at the Extraordinary Chambers in the Courts of Cambodia
Christoph Sperfeldt
19 Too Soon until It Got Too Late: Making reparations a reality for Hissène Habré’s victims
Nader Iskandar Diab
Part 5 Reparations in National Contexts
20 The Argentinean Reparations Programme for Grave Violations of Human Rights Perpetrated during the Last Military Dictatorship (1976–1983)
Andrea Gualde and Natalia Luterstein
21 Go Big or Go Home? Lessons Learned from the Colombian Victims’ Reparation System
Nelson Camilo Sánchez and Clara Sandoval-Villalba
22 Reparations in Dayton’s Bosnia and Herzegovina
Carla Ferstman and Sheri P. Rosenberg (1967–2015)
23 Reparations for Victims of War within the Western Balkans EU Accession Negotiations: Serbia Case Study
Milica Kostić and Sandra Orlović
24 Debating and Litigating Post-Genocide Reparations in the Rwandan Context
Felix Mukwiza Ndahinda
25 Reparations for Apartheid-Era Victims in South Africa: the Unfinished Business of the Truth and Reconciliation Commission
Annah Moyo, Maxine Rubin and Hugo van der Merwe
26 Struggling for Reparations in Northern Ireland
Luke Moffett
27 Raahat ki Ahaat: Reparation in Post-Conflict Nepal
Sarah Fulton and Mandira Sharma
28 Transitional Justice – Without the Transition? Considering A Path To Reparations For The Syrian People
Sareta Ashraph
Practitioners, scholars, students and others interested in the theory and practice relating to remedies and reparations for mass violations of human rights and international humanitarian law.