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July 15, 2026Journal of Genocide ResearchOpen Access

Reparations for Victims of Genocide: The Case for Substantive ICJ Awards

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AFAlexandra Fowler

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Overview

This article argues for substantive reparations for genocide victims, suggesting new mechanisms through the ICJ for justice.

Key Points

  • The article aims to establish the need for substantive reparations for victims of genocide and address challenges faced in their award.
  • Analyzes current ICJ cases on genocide versus past cases, including Bosnia and Herzegovina v Serbia and Montenegro.
  • Explores the legal framework for reparations, including the concept of parens patriae.
  • Proposes a new reparative mechanism in collaboration with the United Nations for victims outside the applicant state.
  • Argues that substantive reparations are necessary to effectively rectify the harms suffered by genocide victims.
  • Highlights the absence of precedent for substantive awards in erga omnes cases under current law.
  • Suggests that without substantive reparations, justice cannot be fully achieved, undermining the mission of the Convention.

Cite This Study

Alexandra Fowler (2026) studied this question.

synapsesocial.com/papers/6a57226888b21df87547f75chttps://doi.org/10.1080/14623528.2026.2700169
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