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INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT
The Court considers that Israel also has an obligation to compensate, in
accordance with the applicable rules of international law, all natural or
legal persons having suffered any form of material damage as a result of
the wall’s construction.”130
D. OTHER FORMS OF JUSTICE
Over the past few years, new mechanisms for accountability and victims’
right to the truth and to reparation, particularly in post-conflict situations,
have evolved. Transitional justice mechanisms, for example, have been
developed at the national level as means to facilitate the end of hostilities,
while preserving the State’s obligation to ensure accountability and the
victims’ right to truth and reparation. Often countries emerging from civil
war or authoritarian rule create truth commissions during the immediate
post-conflict or transition period. These commissions are given a relatively
short period for investigations and public hearings before completing their
work with a final public report. While truth commissions do not replace the
need for prosecutions, they offer some form of accountability that serves
the interests of addressing situations where prosecutions for massive crimes
are impossible or unlikely.131
It is important to note that for a truth and reconciliation process to succeed,
violent conflict, war or repression must have come to an end. It is possible
that the de facto security situation will not yet have fully improved, and truth
commissions often do work in a context where victims and witnesses are
afraid to speak publicly or to be seen to cooperate with the commission.
But if a war or violent conflict is still actively continuing throughout the
country, it is unlikely that there will be sufficient space to undertake a
serious inquiry.
Legal Consequences of the Construction of a Wall, paras. 152–153.
For a detailed analysis of truth and reconciliation mechanisms, see Rule-of-Law Tools for
Post-Conflict States: Truth Commissions (United Nations publication, Sales No. E.06.
XIV.5).
130
131
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