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1 - Punishment and Reparation

Construing the Legal Basis of a Duty to Repair in International Criminal Law

Published online by Cambridge University Press:  16 June 2020

Miriam Cohen
Affiliation:
Université de Montréal
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Summary

Chapter 1 provides an overview of different theories of justice and how they can inform the development of a civil dimension of international criminal law. This chapter also traces the evolution of different dichotomies of the legal duty to provide reparations and the right to reparation: from perspectives of state versus state, to state versus individual, to individual versus individual. It also outlines the development of a duty to repair for individual perpetrators alongside states’ duty to repair. This introductory chapter thus provides the theoretical foundation that supports the analysis in the following chapters and it sets out the main themes that are discussed throughout the book. This chapter also lays out and discusses some challenges and counterarguments to the inclusion of a reparative dimension to international criminal justice from a theoretical perspective. Finally, this chapter draws on the enlightening jurisprudence of the Inter-American Court of Human Rights.

Type
Chapter
Information
Realizing Reparative Justice for International Crimes
From Theory to Practice
, pp. 12 - 51
Publisher: Cambridge University Press
Print publication year: 2020

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  • Punishment and Reparation
  • Miriam Cohen, Université de Montréal
  • Book: Realizing Reparative Justice for International Crimes
  • Online publication: 16 June 2020
  • Chapter DOI: https://doi.org/10.1017/9781108574846.004
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  • Punishment and Reparation
  • Miriam Cohen, Université de Montréal
  • Book: Realizing Reparative Justice for International Crimes
  • Online publication: 16 June 2020
  • Chapter DOI: https://doi.org/10.1017/9781108574846.004
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Punishment and Reparation
  • Miriam Cohen, Université de Montréal
  • Book: Realizing Reparative Justice for International Crimes
  • Online publication: 16 June 2020
  • Chapter DOI: https://doi.org/10.1017/9781108574846.004
Available formats
×