Diallo in breach of international law.9 3 Other topics relating to the individual have also been discussed in the work of the International Law Commission, such as the topics of “State responsibility of internationally wrongful acts,” “Diplomatic protection,” “Position of the individual in international law,” “Nationality including statelessness,” and “Protection of persons in the event of disaste. [...] The practice of States and international organizations, and the case-law of international tribunals, show that the principle of reparation has been extensively applied in the fields of IHRL and IHL. [...] The inclusion of this topic in the programme of work of the Commission would offer an opportunity for both the codification and the progressive development of international law. [...] 7 c) The appropriateness of certain forms of reparation, depending on the circumstances; d) The relevant circumstances that should be considered when determining the kind of reparation to be provided; e) The role played by the principle of proportionality in determining the type and scope of reparation; f) The appropriateness of individual and/or collective reparation; g) The principle of subsidia. [...] The topic of reparation to individuals for gross violations of international human rights law and serious violations of international humanitarian law satisfies the conditions for the selection of a new topic in the long-term programme of work.
- Pages
- 18
- Published in
- United States of America
