Accident and Design: Recognising Victims of Aggression in International Law

General Comment 36 of the Human Rights Committee, adopted in 2018, asserts that ‘States parties engaged in acts of aggression as defined in international law, resulting in deprivation of life, violate ipso facto article 6 of the Covenant.’ One question about this claim is whether it reduces incentives for compliance with international humanitarian law for States and their agents—incentives provided through the principles of belligerent equality and combatant immunity. It is argued that it does not do so—such a worry about incentives is not a reason to reject the claim in General Comment 36. In the process, it can also be shown that, if accepted, this claim is interesting in another way: it entails, in effect, a duty on States to prosecute acts of aggression insofar as they entail killing, as they often will. This itself is doctrinally innovative. As to who is to be prosecuted, it is the political and military leadership of the State. It is their decision to wage war unlawfully that renders the killings arbitrary.

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Reparations and compensation for damage caused by the war (The case of Ukraine)

Martsenko,

Lukasevych-Krutnyk

2024

LPS

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The study of reparations and compensation for war-related damage is of utmost relevance in the context of modern armed conflicts, where the restoration of the rights and freedoms of victims is becoming an urgent need. A review of Ukraine's initiatives in this area and an analysis of the results achieved is an important contribution to understanding effective compensation mechanisms in the context of hostilities and can serve as an example for other countries facing similar challenges. The purpose of this paper was to provide a comprehensive study of the national strategy for compensation and redress for war-related damage, taking into account the need to fully restore the rights of individuals and legal entities. In the course of this research, the following methods were used: deductive, analysis of monographic studies, theoretical generalisation, abstract and logical generalisation and comparative legal analysis. The paper highlighted Ukraine's initiatives in the field of compensation for damage caused by Russia's aggressive war against Ukraine and focuses on the positive results achieved, in particular, analyses the developed legal framework and system of the compensation mechanism aimed at restoring certain real estate objects (including housing) and housing rights of the affected persons. The analysis revealed inconsistencies in the legal regulation that need to be improved, in particular, by expanding the scope of compensation by including some other types of property (e.g., vehicles and household items) in the list of destroyed or damaged objects of compensation. It is determined that the effectiveness of the system depends on an accurate definition of damage and losses. Changes are proposed to improve the compensation mechanism, including expanding the scope of compensation and taking into account different categories of victims. The author suggests that the solution to the problems of compensation for destroyed and damaged property should be based not only on the compensation mechanism, but also contribute to the full restoration of the rights and freedoms of the affected persons. The practical significance of this study lies in the fact that it not only analyses the national strategy of compensation and reparation for war-related damage, but also develops recommendations for improving the compensation mechanism in order to fully restore the rights and freedoms of the affected persons. The experience gained by Ukraine can serve as a valuable example for other countries facing similar challenges in the context of armed conflicts

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Accident and Design: Recognising Victims of Aggression in International Law

Cited by 3 publications

References 13 publications

An Obligation to Criminalize Aggression Under Domestic Law?

An Obligation to Criminalize Aggression Under Domestic Law?

THE RIGHT TO LIFE AND THEJUS AD BELLUM: BELLIGERENT EQUALITY AND THE DUTY TO PROSECUTE ACTS OF AGGRESSION

Reparations and compensation for damage caused by the war (The case of Ukraine)

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