Claims for Restitution and Compensation

Wühler, Norbert

doi:10.1007/978-90-6704-473-8_12

Cited by 2 publications

(2 citation statements)

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“…Particularly during periods of displacement, when personal documents and official records are often lost or severely damaged, it becomes even more essential to relax evidentiary requirements. Moreover, reparations should implement “claimant‐friendly“ procedures to ensure meaningful access to reparations (Wühler & Niebergall, 2009:4). This can be achieved by publicizing the claim program through various outreach channels and establishing registration offices in different locations within the country and possibly abroad (See FAO et al, 2007:68–71).…”

Section: Adequate and Effective Property Reparationsmentioning

confidence: 99%

“…Since then, scholars and practitioners have discussed the practical implementation of the principles that guide various stakeholders engaged in complex and contentious property resolution initiatives (FAO et al, 2007; Hassine & Leckie, 2016). Property reparation regimes have been the subject of numerous studies (See Leckie, 2009; Smit, 2012; Wühler & Niebergall, 2009).…”

Section: Introductionmentioning

confidence: 99%

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Transitional justice perspective on property reparations in Iraq

Gümüşbaş

2023

Studies Ethnicity & National

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Iraq has endured decades of authoritarian rule and conflict, resulting in widespread property violations and displacement. In response, several property restitution and compensation initiatives have been implemented to pursue justice for the victims. However, questions remain about their ability to provide adequate and effective redress. This paper critically examines the flaws and challenges of these mechanisms through the lens of transitional justice. It investigates the extent to which property reparations in Iraq have been structured and implemented within the framework of a transitional justice policy, while analysing the underlying principles of the concept. The findings indicate that property reparations have fallen short due to the lack of a well‐designed programmatic framework supported by viable institutional models and procedures. Additionally, weaknesses lie in the lack of coherence between these initiatives and other institutions and policies, necessitating a holistic framework that guides institutional arrangements, financing, and prioritization strategies. Consequently, this paper argues that a more effective, holistic, and contextually grounded approach informed by transitional justice has the potential to address these issues and strengthen the reparations efforts.

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Section: Adequate and Effective Property Reparationsmentioning

confidence: 99%