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Liability for human rights violations.

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Winner of the 2018 Inner Temple New Authors Book Prize and the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship. Damages and Human Rights is a major work on awards of damages for violations of human rights that will be of compelling interest to practitioners, judges and academics alike. Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards and their theoretical foundations remain underexplored, while courts continue to struggle to articulate a coherent law of human rights damages. The book's focus is English law, but it draws heavily on comparative material from a range of common law jurisdictions, as well as the jurisprudence of international courts. The current law on when damages can be obtained and how they are assessed is set out in detail and analysed comprehensively. The theoretical foundations of human rights damages are examined with a view to enhancing our understanding of the remedy and resolving the currently troubled state of human rights damages jurisprudence. The book argues that in awarding damages in human rights cases the courts should adopt a vindicatory approach, modelled on those rules and principles applied in tort cases when basic rights are violated. Other approaches are considered in detail, including the current 'mirror' approach which ties the domestic approach to damages to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach where the damages are dependent on a judicial balancing of individual and public interests; and approaches drawn from the law of state liability in EU law and United States constitutional law. The analysis has important implications for our understanding of fundamental issues including the interrelationship between public law and private law, the theoretical and conceptual foundations of human rights law and the law of torts, the nature and functions of the damages remedy, the connection between rights and remedies, the intersection of domestic and international law, and the impact of damages liability on public funds and public administration. The book was the winner of the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship and the 2018 Inner Temple New Authors Book Prize

Liability for human rights violations.

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For societies that have gone through periods of human rights mass violations, the issue of reparations to victims is one of the most important elements in establishing the rule of law in relation to crimes committed, as well as building solidarity and a culture of human rights. The report provides an overview of legal norms relevant to the exercise of the right to reparations and their application in practice before courts and administrative bodies in Serbia, as well as their analysis in the light of the standards of the European Court of Human Rights. The key finding of the report is that judicial and administrative bodies in Serbia violate the right of victims to reparations and that the decisions of these bodies in reparation proceedings violate the rights guaranteed by the European Convention on Human Rights, especially the prohibition of torture, degrading treatment and humiliation. the right to a fair trial and non-discrimination. The disrespect of the European Convention on Human Rights by the judicial and administrative authorities in Serbia, when it comes to victims of serious human rights violations, makes their right to reparations in Serbia in practice impossible and almost illusory.

War reparations. --- Liability for human rights violations.

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The obligation of the State to provide adequate financial redress to victims of human rights abuses is defined in numerous international conventions on human rights and is derived from the fundamental legal principle of accepting responsibility for harm done. In most societies that have gone through periods of massive human rights violations, the issue of financial reparations for victims is one of the most important elements of establishing the rule of law and providing justice for crimes committed in the past. Identification of victims, creation of programs suitable for the needs of victims, and ways in which those programs are financed are just a few of the important issues considered by post-conflict societies in their overall effort to provide reparations to victims of human rights violations. / This Report offers a review of 15 cases in which HLC represented victims and which resulted in court decisions in 2012. There were a total of 18 judgments, 12 of which were negative and six positive, which awarded a total of RSD 1.76 million to victims of human rights abuses.

Liability for human rights violations. --- Reparation (Criminal justice)

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In her work, Stine von Förster examines the actions of state forces in migration control in Spain, Italy, Greece and Bulgaria. The focus is on the relevance under international criminal law of the handling of migrants in direct connection with irregular entry into the European Union. When examining the events at the borders of the southern EU member states, incidents on the Mediterranean Sea - i.e. before the actual border crossing - as well as the handling of irregular migrants directly following the border crossing are also taken into account. The main subject of the study is the question of whether the handling of irregular migrants at the southern external borders of the EU results in crimes against humanity as defined in Article 7 of the Rome Statute of the International Criminal Court by state forces.

International criminal law --- International law --- Migration --- International Criminal Court --- Human rights violations --- Frontex