International Claims Commissions as Reparations

Breaches of international law have consequences. Under the Articles on the Responsibility of States for Internationally Wrongful Acts, the international responsibility of a state triggered by its internationally wrongful acts entails specific legal consequences, including the obligation to provide “full reparation” for the injury caused. 1 However, obtaining reparations in the current international legal system often proves difficult. Existing international courts and tribunals often lack the jurisdiction to provide full reparations, especially when there are multiple and complex violations that caused injuries to numerous and diverse parties. International claims commissions can be effective instruments to provide reparations in such circumstances, including in post-conflict and other complex situations. Indeed, international claims commissions can fill the vacuum that exists between breaches and reparations due for serious violations. Their flexibility is a unique feature that can provide the missing procedural bridge between international law violations and reparation.