Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword or section
Like this
3Activity
0 of .
Results for:
No results containing your search query
P. 1
IW Law Journal 2013

IW Law Journal 2013

Ratings: (0)|Views: 232 |Likes:
Published by impunitywatch
Impunity Watch Law Journal, Vol. 3, 2013
Impunity Watch Law Journal, Vol. 3, 2013

More info:

Categories:Types, Business/Law
Published by: impunitywatch on Apr 15, 2013
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

01/17/2014

pdf

text

original

 
I
MPUNITY
W
ATCH
L
AW
J
OURNAL
 
Syracuse University College of Law
Vol. 3 Spring 2013CONTENTSArticles
Reparations for Genocide: Adequate and Desired?
Tamara Alfred 
1Shackled During Labor: How the Law Punishes Undocumented Pregnant Women
 Jamile I. Moraes
24
 
For Those Without a Voice: An International Plan to Reduce Child Marriage
 Ryan Rambudhan
49
 Notes
Bringing the Problems of Supermaximum Confinement Out of Isolation: UsingRecidivism to Change Public Opinion
Stefanie Gruber 
85
 
The Heart of Uganda’s Anti-Homosexuality Bill Has American Blood RunningThrough It
 Emily J. Krouse
120
 
Realizing the Right to Self: Resolving the Limited Scope of the Legal System in aMulti-Sexed and Multi-Gendered World
 Brianne Yantz 
133
 
Cite as: [Author], [
 Article
], 3 I
MPUNITY
W
ATCH
L.J. [Page #] (2013).
 
Vol. 3
 
I
MPUNITY
W
ATCH
L.J. Spring 20131
Reparations for Genocide: Adequate and Desired?By Tamara Alfred
*
 
I
 NTRODUCTION
 It is a basis of law that those who violate the law should have to pay for their violations.Whether in the criminal sense, meaning time in a prison, or in the civil sense, paying damages tothe wronged party, the goal is to seek some justice for the victim. In international law, this principle is often referred to as “reparations.” However, when it comes to the crime of genocideor crimes against humanity, reparations are not easily defined.While “[t]he term
reparations
usually refers to the measures that a state must take after itviolates a rule of international law[, it] can also apply more generally to remedying all wrongs,whether committed by a state and its agents or by private parties.”
1
In this sense, reparationsrefers to the moral imperative “to mend what has been broken.”
2
Reparations “can contribute tothe individual and societal aims of rehabilitation, reconciliation, consolidation of democracy andrestoration of law[, as well as] help overcome traditional prejudices that have marginalized
*
Tamara Alfred is a 2013 J.D. Candidate at Syracuse University College of Law. She receivedher B.A. in Communications, Law, Economics, and Government from American University inWashington, D.C. This article was originally written as part of the Law of Genocide class taught by Professor Menachem Rosensaft, Syracuse University College of Law, Spring 2012.
1
Dinah L. Shelton,
 Reparations
,
E
 N
OTES
(2005), www.enotes.com/reparations-reference/reparations [hereinafter Shelton,
 Reparations
].
2
 
 Reparations for Victims of Genocide, Crimes Against Humanity and War Crimes: Systems in Place and Systems in the Making 
, R 
EDRESS
, 2 (Mar. 1-2, 2007),www.redress.org/downloads/conferences/CNRC Background Paper 1-2 March 07.pdf [hereinafter 
 Reparations for Victims of Genocide
].
 
Vol. 3
 
I
MPUNITY
W
ATCH
L.J. Spring 20132certain sectors of society and contributed to the crimes perpetrated against them.”
3
Mostimportantly, reparations are a legal right owed to genocide survivors.
4
 The obligation to provide reparations for international wrongful acts is a recognized principle of international law.
5
This has been reflected in a vast number of international treaties,as well as the decisions of both national and international courts.
6
Additionally, in December 2005, it was confirmed by the United Nations (UN) with the adoption of the
 Basic Principlesand Guidelines on the Right to a Remedy and Reparations for Gross Violation of International  Human Rights Law and Serious Violations of International Humanitarian Law
(
 Basic Principlesand Guidelines
).
7
The adoption of the
 Basic Principles and Guidelines
details the types of reparations owed the victims, and states that when a victim dies or becomes incapacitated, their families or dependents should be financially compensated.
8
Reparations for genocide “have been traditionally conceived in the context of State responsibility for injurious internationalwrongs, particularly at the end of a conflict.”
9
However, reparations for genocide will generallyalso require remedial action by the individual perpetrator of the crime.
10
 
3
 
 Reparations for Victims of Genocide
,
 supra
note 2, at 2.
 
4
 
 Id.
 
5
 
See id.
at 1.
6
 
See id.
7
 
See id.
at 1-2.
8
Shelton,
 Reparations, supra
note 1.
9
 
 Reparations for Victims of Genocide
,
 supra
note 2, at 2.
10
Shelton,
 Reparations, supra
note 1.

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->