88
INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT
effectively, promptly, thoroughly and impartially and, where appropriate,
take action against those allegedly responsible in accordance with
domestic and international law; (c) [p]rovide those who claim to be victims
of a human rights or humanitarian law violation with equal and effective
access to justice, […] irrespective of who may ultimately be the bearer
of responsibility for the violation; and (d) [p]rovide effective remedies to
victims, including reparation […]” (para. 3).
In particular:
Victims should be treated with humanity and respect for their dignity
and human rights, and appropriate measures should be taken to
ensure their safety, physical and psychological well-being and privacy,
as well as those of their families;
Victims shall have access to judicial remedies, including: (a) equal
and effective access to justice; (b) adequate, effective and prompt
reparation for harm suffered; and (c) access to relevant information
concerning violations and reparation mechanisms;
Furthermore, a victim of a gross violation of international human rights
law or of a serious violation of international humanitarian law shall
have equal access to an effective judicial remedy as provided for
under international law, as well as access to administrative and other
bodies;
Victims shall also receive reparation, which should be proportional to
the gravity of the violations and the harm suffered. Effective reparation
can take the following forms: restitution, compensation, rehabilitation,
satisfaction and guarantees of non-repetition. Restitution includes,
as appropriate: restoration of liberty, enjoyment of human rights,
identity, family life and citizenship, return to one’s place of residence,
restoration of employment and return of property;
Finally, victims shall have adequate access to relevant information
concerning violations and reparation mechanisms.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents