The Enforceability Deficit Concerning Victims’ Remedies

Article by former Fulbright's Scholar Professor Ken Gallant, published in International Criminal Law Review.

Abstract

Traditionally, states would not grant enforcement of criminal judgments from other states. As a result, there has been a large deficit in enforcement of monetary and other remedies for victims of criminal violations of international humanitarian law and international human rights law. In recent decades, there has been some progress in national law and treaty law towards allowing or requiring transnational enforcement of victims’ remedies contained in foreign criminal judgments. This article examines the traditional law, modern progress concerning criminal remedies, and recent United Nations work in the area. Even with modern trends in the international law of criminal enforcement jurisdiction, it may turn out that civil judgments of restitution and reparation will be easier to obtain and enforce than criminal judgments in many, if not most, cases.

The article is available here.

Tags: Human Rights, Criminal law
Published Aug. 6, 2018 1:41 PM - Last modified Aug. 23, 2019 11:19 AM