A1 Journal article (refereed)
Compensation in Cases of Mass Atrocities at the International Court of Justice and the International Criminal Court (2023)

Pérez-León-Acevedo, J.-P. (2023). Compensation in Cases of Mass Atrocities at the International Court of Justice and the International Criminal Court. Law and Practice of International Courts and Tribunals, 22(1), 30-61. https://doi.org/10.1163/15718034-12341500

JYU authors or editors

Publication details

All authors or editors: Pérez-León-Acevedo, Juan-Pablo

Journal or series: Law and Practice of International Courts and Tribunals

ISSN: 1569-1853

eISSN: 1571-8034

Publication year: 2023

Publication date: 03/03/2023

Volume: 22

Issue number: 1

Pages range: 30-61

Publisher: Brill Nijhoff

Publication country: Netherlands

Publication language: English

DOI: https://doi.org/10.1163/15718034-12341500

Publication open access: Not open

Publication channel open access: 

Abstract

Within their different mandates, the ICJ and the ICC have decided on compensation for mass atrocities, including the same factual scenarios and related dual state/individual responsibility. However, no publication has examined these developments jointly and comparatively. Thus, this article seeks to determine how both courts are and should be developing compensation jurisprudence on mass atrocity cases. This article suggests that these two courts should construe a coherent, principle-based, and human rights-oriented international law of compensation for mass atrocities. Despite the differences in the compensation law and practice of the ICJ and the ICC, there are common elements such as the violation of an international obligation (wrongful act/international crime), damages, and the causal link between them. There are also some similarities concerning compensation goals, proof matters, and damage valuation. Both courts can and should conduct an adapted use of each other’s jurisprudence, considering their different mandates rather than doing so mechanically.

Keywords: international courts of justice; courts of law; compensation for damage

Free keywords: compensation; mass atrocities; international court of justice; international criminal court; reparations

Contributing organizations

Related projects

Ministry reporting: Yes

VIRTA submission year: 2023

JUFO rating: 1