III. ACCOUNTABILITY AND THE RIGHTS OF VICTIMS
Other mechanisms that have been used to guarantee accountability and
reparation to victims are international compensation commissions. For
example, the United Nations Compensation Commission was created
in 1991 as a subsidiary organ of the United Nations Security Council.
Its mandate was to process claims and pay compensation for losses
and damage suffered as a direct result of Iraq’s unlawful invasion and
occupation of Kuwait. This alternative form of justice provides a further
mechanism to ensure that States that have sponsored or carried out serious
violations of international human rights and humanitarian law are held
liable for their acts, and also enables victims to obtain reparation.
Finally, another mechanism that has contributed to fulfilling the duty of
States to investigate human rights violations is the creation of official
commissions of inquiry with a human rights mandate. The names of these
commissions, their composition, terms of reference, time frames and
powers vary greatly. Although such inquiries are by definition established
at the initiative of the Government authorities, they are most often a result of
concerted demands by civil society and sometimes also by the international
community. National commissions of inquiry are often set up to address
victim-specific violations by being tasked to investigate the alleged abuses,
give a detailed account of a particular incident or series of abuses, or
recommend individuals for prosecution. In an effort by the State to prevent
future violations or to strengthen the criminal justice system, a commission
may also be given a broader mandate to report on the causes of the
violation and to propose recommendations for institutional reform.132
S
ee “Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions,
Philip Alston” (A/HRC/8/3, paras. 12 ff).
132
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