ABSTRACT

This chapter discusses reparations as a pertinent subject of international human rights and humanitarian law. It begins by defining reparations, situating them as a core element of the right to an effective remedy and outlines the manner in which they have been elaborated in various treaty instruments as well as in jurisprudence at the regional and international levels. In addition to discussing the various forms of reparation, the chapter ventures into the critical aspects of the responsibility to provide reparations and eligibility for reparations. The discussion proceeds on to the scope, challenges and mechanisms associated with operationalising reparations in transitional contexts. Before venturing into the courts and administrative reparation programs as mechanisms that can be utilized to provide reparations in transitional contexts, the discussion is foregrounded by the identification of key procedural aspects and guiding principles. Finally, the chapter concludes with a series of key overall reflections.