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Reimagining Reparations in Human Rights: The Evolving Concept of Reparations in International Human Rights Law

Edited by: Otto Spijkers, Iakovos Iakovidis, Pierre Thielboerger, Elena Abrusci

ISBN13: 9789004716735
Published: February 2026
Publisher: Brill Nijhoff
Country of Publication: Netherlands
Format: Hardback
Price: £121.00



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This edited volume explores the evolution of reparations in human rights law. The book examines the complexities of collective reparations, and delves into inter-state disputes and their impact on the individual. This book also highlights innovative forms of reparation, including the exhumation and return of remains, creative symbolic reparations through art, and Indigenous music as a form of relational healing. Addressing pressing issues such as climate justice and the integration of development and reparations, this collection offers vital insights for advancing justice and reparation globally.

'In the scholarship on the International Criminal Court, the Assembly of States Parties does not always get the intention it deserves. That gap is now filled with this thorough and authoritative study of the subject. Ezequiel Jimenez Martinez reviews the large volume of documentary material, analysing the record with great insight and perception. This is an indispensable reference on the subject.' - Professor William Schabas, Middlesex University London

'This book is long overdue. Since the establishment of the International Criminal Court in 1998, a wealth of books and articles have been published on the Court, analysing its work, from specific judgments to its overall performance. Hardly any research has been carried out on the Court's governance institution, the Assembly of States Parties. This study by Ezequiel Jimenez Martinez therefore fills a gap. Grounded on a thorough overview of the history of the Assembly, the book analyses how it has carried out its different governance functions. It convincingly demonstrates that we cannot evaluate the functioning of the Court without fully taking into account the work of the Assembly of States Parties.' - Professor Emeritus Niels Blokker (Schermers Chair), Leiden University

'At a time when the International Criminal Court faces unprecedented pressure and existential threats from powerful states, the role of its Assembly of States Parties has never been more critical. In this pioneering and insightful study, Jimenez Martinez offers a comprehensive examination of the Assembly's institutional history and functioning over the past two decades. The book lays the groundwork for pressing debates on the ICC's governance and the Assembly's ability to confront current challenges. The future will show whether States Parties will protect the Court's independence and the integrity of its mandate - or settle for merely keeping the ICC on life support.' - Professor Sergey Vasiliev, Open University

Subjects:
Human Rights and Civil Liberties
Contents:
Chapter 1 Mapping the Evolution of Reparations across the Transforming Human Rights Regime
Authors: Otto Spijkers, Iakovos Iakovidis, Pierre Thielbörger, and Elena Abrusci
Chapter 2 Developing International Law on Reparations for Displacement: Foundational Cases from Four Corners of the International Human Rights System
Author: Deborah Casalin
Chapter 3 Translating Principles into Practice: Collective Reparation and Harm Assessment across International Tribunals
Author: Diana Odier-Contreras Garduno
Chapter 4 Reparation in Inter-state Disputes: Preliminary Lessons from the Practice of Human Rights Courts and Bodies
Author: Giulio Bartolini
Chapter 5 Listening to What Victims Want: The Search for, Exhumation, Identification and Return of Remains of the Disappeared
Author: Juliette Rémond-Tiedrez
Chapter 6 Is There Room for Creative Reparations in International Criminal Law?
Author: Marina Aksenova
Pages: 125–143
Chapter 7 A Song to Nature: Traditional Wiwa Music as Relational Reparation to Indigenous Communities and Their Territory
Authors: Nina Bries Silva and Laura Triana Gallego
Chapter 8 Human Rights Violations Caused by Climate Change: Who Repairs Whom?
Author: Patricia Grazziotin Noschang
Chapter 9 Rethinking Development/Reparations Programmes and the Role of Third States in Transitional Justice
Author: Prosper Simbarashe Maguchu
Chapter 10 Reparations for Armed Conflict Related Atrocities in Inter-state Proceedings
The Armed Activities ( drc v Uganda) Judgment on Reparations and Its Legacy
Author: Sotirios-Ioannis Lekkas
Chapter 11 Fitting a Square Peg in a Round Hole?
Challenges and Prospects of Inter-State Human Rights Complaints as (Overlapping) Avenues for Individual Reparations
Author: Veronica Botticelli
Index