Reparation (legal)

In jurisprudence, reparation is replenishment of a previously inflicted loss by the criminal to the victim. Monetary restitution is a common form of reparation.

Background

In the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, reparation include the following forms: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition, whereby

• Satisfaction should include, where applicable, any or all of the following: ..
  • (e) Public apology, including acknowledgement of the facts and acceptance of responsibility;
  • (g) Commemorations and tributes to the victims;
  • (h) Inclusion of an accurate account of the violations that occurred in international human rights law and international humanitarian law training and in educational material at all levels.
• 23. Guarantees of non-repetition should include
  • (e) Providing, on a priority and continued basis, human rights and international humanitarian law education to all sectors of society and training for law enforcement officials as well as military and security forces;

History

The principle of reparation dates back to the lex talionis of Hebrew Scripture. Anglo-Saxon courts in England before the Norman Conquest also contained this principle. Under the English legal system judges must consider making a compensation order as part of the sentence for a crime. Section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 requires the courts to explain their reasoning if they do not issue a compensation order.^[1] Arbitral tribunals have held that questions about the proper form and scope of reparation for a breach of an international obligation amount to “legal disputes” under Article 25 of the ICSID Convention.^[2]

See also

• English unjust enrichment law
• Holocaust reparations
• Legal remedy
• Reparations Agreement between Israel and West Germany
• Reparations for slavery
  • Reparations for slavery in the United States
  • Slavery reparations scam
• Reparations (transitional justice)
• Reparations (website)
• Restitution
• War reparations