Human Rights International Law

Reparations and War: Finding Balance in Repairing the Past

By Luke Moffett
Oxford University Press January 2023

Specifications

ISBN-13
9780192865588
Publisher
Oxford University Press
Publication
January 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

War devastates the lives of those who are caught up in it. For thousands of years, reparations have been used to secure the end of war and alleviate its deleterious consequences. More recently, human rights law has established that victims have a right to reparations. Yet, in the face of conflicts that last for decades with millions of victims, how feasible are reparations? And what are the obstacles to delivering them?

Using interviews with hundreds of victims, ex-combatants, government officials, and civil society actors from six post-conflict countries, Reparations and War examines the history, theoretical justifications, and practical challenges of implementing reparations after war. It examines the role of non-state armed groups in making reparations, the role of victim mobilisation, the evolving use of reparations, and the political instrumentalization of redress.

Luke Moffett offers a measured and honest account of what reparations can and cannot do. This book sheds new light on how reparations can be politically manipulated, or used to reward those loyal to the State, rather than to achieve justice for the victims who suffer.

Table of Contents

Introduction
1.
The Concept of Reparations
2.
Reparations as Balance
3.
The Historical Development of Reparations in International Law
4.
Reparations in Contemporary International Law
5.
Victims and Redress: Victimhood, Harm and Claims-Making
6.
Administering Redress: State Capture, Domestic Reparation Programmes and Resistance
7.
Non-State Armed Groups and Reparations
8.
In the Absence of Reparations - Victim Agency, Mobilisation and Repair
9.
Implementing Reparations and Achieving Balance Conclusion
Conclusion
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