III.  ACCOUNTABILITY AND THE RIGHTS OF VICTIMS As mentioned in section B above, a number of international human rights treaties and provisions also provide a right to a remedy for victims of violations, including the International Covenant on Civil and Political Rights (art. 2), the International Convention on the Elimination of All Forms of Racial Discrimination (art. 6), the Convention against Torture (art. 14), and the Convention on the Rights of the Child (art. 39). The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power,129 focusing on crimes under domestic law, but also on abuses of power, which include violations of international human rights and humanitarian law, the African Charter on Human and Peoples’ Rights (art. 7), the American Convention on Human Rights (art. 25), as well as decisions by the European Court of Human Rights and the Inter-American Court of Human Rights, also recognize the rights of victims. Finally, the Rome Statute establishes the power of the International Criminal Court to “determine the scope and extent of any damage, loss and injury to, or in respect of, victims” and to “make an order directly against a convicted person specifying appropriate reparations to, or in respect of, victims, including restitution, compensation and rehabilitation” (art. 75). The International Court of Justice has also determined that certain violations committed in the context of armed conflict give rise to the rights of victims to reparation. For example, the Court indicated that “given that the construction of the wall in the Occupied Palestinian Territory has, inter alia, entailed the requisition and destruction of homes, businesses and agricultural holdings, the Court finds further that Israel has the obligation to make reparation for the damage caused to all the natural or legal persons concerned.” The Court concluded that “Israel is accordingly under an obligation to return the land, orchards, olive groves and other immovable property seized from any natural or legal person for purposes of construction of the wall in the Occupied Palestinian Territory. In the event that such restitution should prove to be materially impossible, Israel has an obligation to compensate the persons in question for the damage suffered.   General Assembly resolution 40/34. 129 89

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