Weapons Under International Human Rights Law: Remedies and Reparations

Posted on March 31, 2014



‘Remedies and Reparations’, by Megan Burke and Loren Persi-Vicentic,  in Weapons Under International Human Rights Law, Cambridge University Press. Stuart Casey-Maslen (Editor). Published: March 2014.

Remedies for the Unlawful Use of Weapons:

Unlawful use of weapons can amount to a violation of the rights to life, liberty, security, freedom from torture, and freedom of assembly and/or expression, among others. Such situations of the violation of rights with weapons require redress, which typically takes the form of remedies and reparations.

The chapter on ‘Remedies and Reparations’ in this recently released publication provides numerous and diverse examples of the jurisprudence applicable to redress for the victims of weapons, varied legal approaches that have been applied in practice where victims have sought reparations, including through national courts, regional courts, or the courts of other states. It follows the normative framework; demonstrating when the use of weapons gives rise to a right to remedy or reparations and exploring who can seek a remedy for unlawful use of weapons, who claims can be lodged against and the types of remedy available.

Weapons Under International Human Rights Law covers a range of weapons law issues, including the use of firearms, “less-lethal” weapons, drones, chemical agents; cyberwarfare; the use of weapons in prisons or for riot control; weapons in peace operations and armed conflict; the transfer of weapons; the use of weapons by non-state actors; corporate responsibility for the use of weapons; weapons and economic, social, and cultural rights. It includes a chapter specifically exploring remedies for victims of the unlawful use of weapons.

International human rights law offers an overarching international legal framework to help determine the legality of the use of any weapon, as well as its lawful supply. It governs acts of States and non-State actors alike. In doing so, human rights law embraces international humanitarian law regulation of the use of weapons in armed conflict and disarmament law, as well as international criminal justice standards. In situations of law enforcement (such as counterpiracy, prisons, ordinary policing, riot control, and many peace operations), human rights law is the primary legal frame of reference above domestic criminal law.

Read more about this book, or order a copy:

Geneva Academy of International Humanitarian Law and Human Rights
Cambridge University Press

 

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