The Right to Reparation Under International Law: Is That an Individual Right or the Right Granted Only to the States?

The Right to Reparation Under International Law: Is That an Individual Right or the Right Granted Only to the States?

Mustafa ÇAKIR, Sezai ÇAĞLAYAN

 

Abstract

The issue of being a subject of international law (IL) raises a question about responsibility and correspondingly reparation. States as primary subjects of IL are acknowledged as responsible for a violation of an international obligation. Thereupon, they sue or to be sued as a consequence of a violation in question, and claim reparation. What if individuals as potential subjects of IL? Do individuals have the right to reparation? This question can be investigated by looking at specific regimes in IL. Current developments in international humanitarian law and in human rights law allow individuals to make a claim for reparation in international platform. This progress makes individuals right holders as well as responsible in IL.

Keywords

Reparation; responsibility; states; individuals; international law.
The Right to Reparation Under International Law Is That an Individual Right or the Right Granted Only to the States